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HomeMy WebLinkAboutLEISTIKOW ANNEXATION & ZONING - ANX110003 - REPORTS - PETITION4 (h) Provide a description of the zoning classification being requested and any conditions requested for that zone district classification. Petitioners Response: The Petitioners request that the property be placed in the UE — Urban Estate Zoning District pursuant to the Land Use Code of the City of Fort Collins. No conditions for the zoning district are being requested. 4 (i) A statement of consistency of the requested zoning to the City's Structure Plan. Petitioners Response: The City of Fort Collins Structure Plan indicates the property is within the Urban Estate Neighborhood and the UE-Urban Estate Zoning District is the mechanism to achieve the intended goals and objectives of the Urban Estate Neighborhood. 5. Provide a Statement of Principles and Policies and consistency with the City Structure Plan being achieved by zoning of the property to the district being proposed by the applicant. Petitioners Response: The proposed zoning of UE-Urban Estate is consistent with the City's Structure Plan which identified the property as an Urban Estate Neighborhood. As such the City's intended vision and goals for the Urban Estate Neighborhood shall be achieved through the guidance and direction provided by the zoning districts limited Permitted Use and Land Use/Development Standard. The Urban Estate Zoning District shall serve as a transition zone between more intense urban level development and densities located to the north of the property and rural residential or open lands to the south, east 6. Provide a list of names, addresses and phone numbers of any retailers located within the boundaries of the annexation. Petitioners Response: Not Applicable Leistikow Annexation & Zoning 3 Annexation Petition Supplemental Information Landmark Engineering Ltd. 812312011 PETITION FOR ANNEXATION SUPPLEMENTAL INFORMATION: The following supplemental information is requested as part of the Petition for Annexation as stated in the City of Fort Collins Annexation and Zoning Submittal Requirements and the Petition for Annexation. The information is intended to provide supplemental information requested by the City's Submittal Requirements, item numbers 4, 5 & 6 and are as follows: 4 (a) A statement indicating that the requirements if the Colorado Annexation Act have been met. Petitioners Response: The Annexation Petition, Annexation Map and supplemental annexation information as prepared by Landmark Engineering Ltd. comply to the requirements as set forth by the Colorado Annexation Act of 1965 as Amended and the requirement as set forth by the City of Fort Collins Annexation Requirements and Check list Additionally the property is currently directly adjacent and contiguous to 839.43 feet of the City of Fort Collins Municipal Boundary. The total perimeter of the proposed annexation is 3864.41 feet thus requiring a minimum of 1/6th the annexation perimeter or a minimum of 644.07 feet of contiguity to the current City's Boundary to be eligible and legally required for consideration to be annexation. Since the actual contiguity distance of 839.43 feet exceeds the required 644.07 fee, 1/6 Contiguity minimum the property also meets this statutory requirement as well. 4 (b) Provide a statement indicating that the signers of the petition comprise more than 50% of the landowners in the area and own more than 50% of the area proposed to be annexed. Petitioners Response: The signers of the Petition for Annexation comprise more than 50% of the landowners of the area requesting to be annexed and own more than 50% of the area proposed to be annexed to the City of Fort Collins 4 (c, d & e) Petitioners signatures, date of petitioners signatures, and affidavit that the petitioners signatures are those of the persons it purports to be. Petitioners Response: C, D, & E are provided as part of the executed Annexation Petition. 4 (f) Provide a request of the City of Fort Collins to approve the Annexation and Zoning as indicated. Petitioners Response: The Signers of the Annexation and Zoning Petition hereby request the City of Fort Collins to Annex and Zone the property as indicated in the attached Petition for Annexation, dated August 22, 2011. 4 (g) Provide a statement as to why it is necessary and desirable for the City of Fort Collins to annex the area. Petitioners Response: The proposed annexation area is within the city of Fort Collins Growth Management Area and is more than 1 /6th contiguous to the City's current municipal boundary. Based on the City's Comprehensive Master Plan and Intergovernmental Agreement with Lorimer County the property is required to be annexed prior to allowing any further development to occur. It is also desirable for the City to annex the property in order to fully achieve the stated goals and objectives of the City's Comprehensive Master Plan and the City's Structure Plan for the Urban Estate Neighborhood. Leistikow Annexation & Zoning 2 Annexation Petition Supplemental Information Landmark Engineering Ltd. 812312011 ATTACHMENT "C" ATTORNEY CERTIFICATION 1, =1 -+k-+ ")' TC4 S �e � 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. nHasl � - Date SignatureAttorney Reg. No. Timothy 1� 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. Circula is Signature Wayne B. Leistikow l ir I tor's Signature nice E. Leistikow Subscribed and sworn to before me this t day of A u 4 s -I- 2 �! by e. -9 Le,s{LR;s;s t: WITNESS my hand and official seal. V/ 0 Commission Expiration .i4#.Rjv '�' HANSO' � .Oi O4 2 O d+ Pus Q� >` O OF GOv 01 o�� k-' Notary Public LANDMARK EKINEERING, LTD. IN Paul A. Hernandez a ; 4 c y :.off Colorado LS 3282 ^ a. 32829m: ¢ APPROVED X'.Z t_p,NO 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 6th 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°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 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 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. qA (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 ESS WHEROF, I/we have executed this Petition for Annexation this °� day of 20 t% Petition dr's/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- 45-136(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 Trr Zone District pursuant to the.Land Use Code of the City of Fort Collins.