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HomeMy WebLinkAboutLEISTIKOW ANNEXATION & ZONING - ANX110003 - REPORTS - RECOMMENDATION/REPORT (9)NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a Resolution initiating annexation proceedings for the Leistikow Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on November 1, 2011, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the Urban Estate ("U-E") Zone District. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. Dated this 20th day of September, A.D. 2011. Chief Deputy City Clerk to the Southeast having a central angle of 2°27' 15" and a radius of 487.50 feet; thence Northeasterly along the arc of said curve 20.88 feet to the end of said curve; thence tangent from said curve, South 89°56'00" East 207.42 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 17' 15' 28" and a radius of 733.00 feet; thence Northeasterly along the are of said curve 220.78 feet to the True Point of Beginning. The above described parcel contains 18.035 acres more or less. Section 2. That the City Council hereby finds and determines that the annexation petition for the Leistikow Annexation and accompanying map are in substantial compliance with the Municipal Annexation Act. Section 3. That the Notice attached hereto is hereby adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of annexation and zoning ordinances pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of September A.D. 2011. Mayor ATTEST: Chief Deputy City Clerk RESOLUTION 2011-087 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE LEISTIKOW ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, has been filed with the City Clerk requesting the annexation of certain property to be known as the Leistikow Annexation; and WHEREAS, the City Council desires to initiate annexation proceedings in accordance with law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the CityCouncil hereby accepts the annexation petition for the Leistikow Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: Legal description of a parcel of land being Lot 2, of the Amended Leistikow MRD and a portion of the existing right-of-way of Timberline Road situate in Sections 17 and 18, Township 6 North, Range 68 West of the 6 h P.M. Larimer County, Colorado being more particularly described as follows; Beginning at the Northwest Corner of said Section 17, and considering the North line of the Northwest Quarter of the Northwest Quarter of said Section 17 as bearing South 89°56'00" East and with all bearings contained herein relative thereto; thence along said North line, South 89°56'00" East 785.96 feet to the True Point of Beginning, said point being a point on the South line of Westchase Annexation No. 2 to the City of Fort Collins according to the plat on file in the office of the Clerk and Recorder said County; thence along said South line, South 89°56'00" East 140.27 feet; thence departing said South line, South 00°04'00" West 91.40 feet; thence South 75*01' 11" West 126.44 feet; thence South 14°58'49" East 95.52 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 98°02' 18" and a radius of 528.00 feet; thence Southwesterly along the arc of said curve 903.46 feet; thence departing said curve, South 07`22'24" East 175.33 feet; thence South 89°54'32" West 467.79 feet to a point on the West right-of-way line of said Timberline Road; thence along said West right-of-way line the following courses and distances, North 00'09' 18" East 55.71 feet; thence South 89°54'44" East 10.00 feet; thence North 00*09' 18" East 959.03 feet to a point on the South line of said Westchase Annexation No. 2; thence along said South line South 89°56'00" East 273.04 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 2*27' 15" and a radius of 512.50 feet; thence Northeasterly along the arc of said curve 21.95 feet to the end of said curve; thence tangent from said curve North 87°36'45" East 95.36 feet to the beginning of a tangent curve concave ATTACHMENT "C" ATTORNEY CERTIFICATION I, 1- P+k y 1Z' Wa s Ie r , 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 Leistikow 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. Date Signature Attorney Reg. No. Timothy W. Hasl 19 C 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. 12 Circula is Signature Wayne B. Leistikow it lator's Signature i. nice E. Leistikow Subscribed and sworn to before me this day of 'A u 9 s-I' 2 0/ , by w� n e �' Le, r}, k o J �� cA E, LT WITNESS my hand and official seal. O�O��• f1A/Vq 4*0 8// o Commission Expiration 0-( ? 0 4 d+ PU600 QQ OF Z� k Notary Public LANDMARK E : By By: 71 Paul A. Hernandez Colorado LS 32821 APPROVED EERING. LTD. 132829 y +v; `�!!;°nip.' • • .... • •' c�ZQ This plat to be known as the Leistikow Annexation to the City of Fort Collins, County of Larimer, State of Colorado by Ordinance No. , passed and adopted on final reading at a regular meeting of the City Council of Fort Collins, Colorado, held on day of ,20 City Clerk APPROVED AS TO FORM: City Engineer Date Date ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to -wit: Legal description of a parcel of land being Lot 2, of the Amended Leistikow MRD and a portion of the existing right-of-way of Timberline Road situate in Sections 17 and 18, Township 6 North, Range 68 West of the 6w P.M. Larimer County, Colorado being more particularly described as follows; Beginning at the Northwest Corner of said Section 17, and considering the North line of the Northwest Quarter of the Northwest Quarter of said Section 17 as bearing South 89`56'00" East and with all bearings contained herein relative thereto; thence along said North line, South 89°56'00" East 785.96 feet to the True Point of Beginning, said point being a point on the South line of Westchase Annexation No. 2 to the City of Fort Collins according to the plat on file in the office of the Clerk and Recorder said County; thence along said South line, South 89`56'00" East 140.27 feet; thence departing said South line, South 00°04'00" West 91.40 feet; thence South 75*01' I I" West 126.44 feet; thence South 14`S8'49" East 95.52 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 98*02' 18" and a radius of 528.00 feet; thence Southwesterly along the arc of said curve 903.46 feet; thence departing said curve, South 07`22'24" East 175.33 feet; thence South 89`54'32" West 467.79 feet to a point on the West right-of-way line of said Timberline Road; thence along said West right-of-way line the following courses and distances, North 00*09' 18" East 55.71 feet; thence South 89'54'44" East 10.00 feet; thence North 00*09' 18" East 959.03 feet to a point on the South line of said Westchase Annexation No. 2; thence along said South line South 89°56'00" East 273.04 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 2`27' 15" and a radius of 512.50 feet; thence Northeasterly along the arc of said curve 21.95 feet to the end of said curve; thence tangent from said curve North 87`36'45" East 95.36 feet to the beginning of a tangent curve concave to the Southeast having a central angle of 2`27' 1 S" and a radius of 487.50 feet; thence Northeasterly along the arc of said curve 20.88 feet to the end of said curve; thence tangent from said curve, South 89°56'00" East 207.42 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 17* 1 S'28" and a radius of 733.00 feet; thence Northeasterly along the arc of said curve 220.78 feet to the True Point of Beginning. The above described parcel contains 18.035 acres more or less. SURVEYOR'S CERTIFICATE: I, Paul A. Hernandez, a licensed professional Land Surveyor in the State of Colorado, do hereby state that this annexation plat to be known as Leistikow Annexation was prepared by me or under my direct supervision and that the annexation is based upon previously recorded plats and deeds and not on an actual field survey, at least one sixth (1 /6) of the boundary of the said annexation is contiguous to the present boundary of the City of Fort Collins, Larimer County, Colorado and is true and correct to the best of my professional knowledge, belief, and opinion. a (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 ALTNESS WHEROF, I/we have executed this Petition for Annexation this °? day of ,tot\ Petition is/Owner's Signature Petitioner's/Owner's Signature Wayne B. Leistikow Janice E. Leistikow i 6732 South Timberline Road 6732 South Timberline Road Address Address Fort Collins, CO 80528 Fort Collins, CO 80528 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 Leistikow Annexation to the City of Fort Collins. Said area, consisting of approximately 18.035 +/- () 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 i 30(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 Ione District pursuant to thetand Use Code of the City of Fort Collins. Leistikow Annexation and LDS Temple Development Review Process - Information Meeting N A °rorc5 Leistikow Annexation Bo�mEaies Fut Cti¢ GM4 PobalYal Gau E�rsea� Dcr Ccy DAN PlmrrgNm lQ� nR Rwmq 4ea City Lmb Structure Plan D stricts dr Donbwn Luca Dmmnry Cameroel Dismtl �, p� Gvw&Camm®IOW4 T C ml D. Nefchborhm s Ed*- Corndo �AOen Ezmm CartmnN dr �' lam. MCI¢ a110 Wtiv Cvnfvs Lm. Dmvry MueE-Ux ERAmS � �Mm>�Da� MetlmnD ty Lama -use wdtsm �EmsmtlbmlcmdorRmmal 1 inch = 0.3 miles City of Foi c Collins Zo Leistikow Annexation Legend wateBodies ZONE ® Employment City Zoning NCM C Low Density Mired -Use Neighborhood Limited Commercial Neighborhood Conservation Buffer Service Commucial Q Neighborhocd Conservation Low Density ng Map - Pudic Open Lands River Conservation I Urban Estate Hnacnmem i Leistikow Annexation N Vicinity Map finch=600feet A September 20, 2011 -2- ITEM 18 PUBLIC OUTREACH There was no public outreach for this Initiating Resolution as this Resolution simply accepts the Annexation Petition and provides a schedule for upcoming Council hearings with a schedule and notification requirements that comply with State Statutes. Future Development — Church of Jesus Christ of Latter -Day Saints The Church of Jesus Christ of Latter -Day Saints has issued a press release indicating its desire to construct a temple on the property described by this annexation. The City's Structure Plan Map and the Fossil Creek ReservoirArea Plan both provide guidance that the subject 18.03 acres should be zoned Urban Estate. A Place of Worship is a permitted use in the U-E zone, subject to review by the Planning and Zoning Board. A development review outreach neighborhood meeting is scheduled for September 14, 2011 to discuss the development review process for a future potential submittal of a Project Development Plan for a temple for the Church of Jesus Christ Latter Day -Saints. ATTACHMENTS 1. Vicinity Map 2. Zoning Map 3. Structure Plan Map DATE: September 20, 2011 AGENDA ITEM SUMMARY• STAFF: Ted Shepard FORT COLLINSCOUNCIL Resolution 2011-087 Finding Substantial Compliance and Initiating Annexation Proceedings for the Leistikow Annexation. EXECUTIVE SUMMARY The applicants, Wayne B. and Janice E. Leistikow, the property owners, have submitted a written petition requesting annexation of 18.035 acres located on the east side of South Timberline North Road, and on the south side of Trilby Road. The property contains a single family detached home approved in Larimer County under FA-1 zoning as part of the Leistikow Minor Residential Division approved in 1992. The requested zoning for this annexation is UE — Urban Estate. The parcel to the north is the Westchase P.U.D., zoned L-M-N and U-E and annexed into the City of Fort Collins in 2001. The properties to the east, south and west are currently zoned FA-1 and located in Larimer County. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. There are no issues or known controversies associated with this annexation. BACKGROUND / DISCUSSION This Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on November 1, 2011. Not less than thirty days of prior notice is required by State law. The property is located within the Fort Collins Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement forthe Fort Collins Growth Management Area, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. This property gains the required 1/6 contiguity to existing City limits from a common boundary with the Westchase Number Two Annexation located to the north. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its regular monthly meeting on October 20, 2011, and will make its recommendation at that time. The Board's recommendation will be forwarded to the City Council in time for First Reading of the annexation and zoning ordinances on November 1, 2011.