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HomeMy WebLinkAboutMINATTA ANNEXATION & ZONING - 36-05 - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONMinatta Annexation — Statement of Principles and Policies The parcel is in west Fort Collins near the intersection of Overland Trail and West Elizabeth. The 35 acre site is a long rectangular shape, approximately 600' wide by 2622' long. It is bordered on three sides by the city of Fort Collins and its inclusion into the city is consistent with Principle LU.1: "promoting a compact development pattern within a well-defined boundary". Overland Trail is the eastern boundary and "The Ponds" subdivision makes up the southern and western boundaries. The CSU Foothills Campus makes up the northern boundary and is in the county It is within the City of Fort Collins Growth Management Area (UGA) and the current zoning is Larimer County FA-1. The City Structure Plan delineates the easterly 20 acre portion as Low Density Mised-Use (LMN) and falls within the "Infill Area" as defined in Land use Code 5.1. The infill designation is a primary means of identifying a targeted area to be encouraged as a location for development as referred to in Policy LU-4.7. The structure plan designates the westerly 15 acre portion as Residential Foothills District (RF). The property was originally purchased by Evelyn Minattas parents, Sam and Elvira Aranci in 1929. There are two residences on the site. One is the primary residence of Sam Minatta, one of the family owners who have lived at the site since 1972 and the other is a rental property. The greater part of the site has primarily been utilized as pasture for horses and cattle for the last fifty years. Pedestrian and vehicle connectivity with the neighborhood to the south is made by two existing points of access where Banyon and Sunflower Drives stub into our site and also provides the extension of city utilities. We are currently negotiating with CSU to acquire .15 acres of their property that is necessary to become ROW and allow West Elizabeth to extend across Overland Trail. This will provide the main point of access for the site from the arterial, Overland Trail. We intend to comply with the City Structure Plan, Policy L.U-3.1 "General Area Designations" for this site and within the LMN and RF zoning, provide a mix of single family homes and multifamily town houses. The single family homes will be similar in square footage and lot size to the homes in the neighboring "Ponds" development. The Townhomes will be clustered near the Overland Trail frontage on approximately 4 acres. We are proposing densities of 6 to 8 units per acre in this multi family site, which will be slightly less but comparable to Lory Ann Estates and Scenic Views densities directly across Overland Trail. These proposed types of housing and densities will maintain and enhance the already existing character as suggested in Principle LU-2 The City of Fort Collins wants to build a 4 acre regional detention pond on our property and we are currently negotiating a purchase offer. We are in agreement with the Cities pond design and have incorporated it into our preliminary site plan. A .7 acre parcel owned by the Fort Collins Loveland Water District is included in this annexation. The FCLWD parcel is at the south east comer of the site and is separated from our property by the PV&L Canal. We sold this parcel to the FCLWD through a county MRD process in March of 2000. John Minatta Aug 25 05 04:29p John Minatta �'iu-Dui-a�oo p.c i ATTACHMENT "C" ATTORNEY CERTIFICATION I V� an attorney licensed to practice in the State of Colorado, hereby certify that, as of the dpte of this certifcate, the signers of this Annexation Petition for the area referred to as the ort irzablak.- 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 Anne xatio Petition, and own mo than 50% of the land in said area, exclusive of streets and alleys. Date gnature Attorney Reg. No. 1 ATTACHMENT"W 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. Subscribed and sworn to before me this ( day of by �-y'e A oA ✓Ate WITNESS my hand and official seal. Commission Expiration y,�;PUBLIC Notary Public ATTACHMENT "B" STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) } The undersigned, being first duly sworn upon his oath states: i 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. i <.«. Circulators Signatfire �— f Subscribed and sworn to before me this I day of c 2 Clc6, byTxxvri L. I WITNESS my hand and official seal. tI[�f0(z� Commission Expiration i Notary Public ATTACHMENT"B" i STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The undersigned, being first duly sworn upon his oath states: i 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. I i Subscribed and sworn to before me this day of 2 C,05- by WITNESS my hand and official seal. � �i(T Commission Expiration Notary Public > NOTARy , PUBLIC 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 tor's Signature Subscribed and sworn to befo a me this day of S o ,� �J o�% 2 by �v e (j 4y�� WITNESS my hand and official seal. 6 Com ission Expiration _�IL Notary Public ATTACHMENT "A" 1. LEGAL DESCRIPTION OF THE ANNEXATION i A tract of land situate in the County of Larimer, State of Colorado, to -wit: ".•" • • �• A parcel of land located in the Southeast Quarter (SE1/4) of Section Seventeen (17), Township Seven North (T.7N.); Range Sixty—nine West (R.69W.)' of the Sixth Principal Meridian (6th P.M.), County of Lorimer, State of Colorado and being more particularly described as follows: COMMENCING at the East Quarter Corner (Et/4) of said Section 17 and assuming the North line of said SEt/4 to bear South 85'25'09" West a distance of 2651.92 feet with all bearings here in relative thereto: THENCE South 85'25'09" West along said North line a distance of 30.40 feet to a point on the West line of the Fort Collins Substation Annexation as recorded May 26. 1989 as Reception No. 89023302, said point being the POINT OF BEGINNING; THENCE South 00'31'30" West along the West line of said Fort Collins Substation Annexation, also being the West line of Fort Collins —Loveland Water District Pump Station Annexation as recorded April 17, 1989 as Reception No. 89016100, extended, a distance of 597.90 feet; THENCE Norih 85'25'38" East along the Northerly line of said Fort Collins —Loveland Water District Pump Station Annexation, also being the North line of Overland Trail Annexation as recorded November 10, 1994 as Reception No. 94090903, extended, a distance of 2621.45 feet to the West line of said SE1/4; THENCE North 00'31'16" East along said West line, said line also being the East line of said Overland Trail Annexation a distance of 597.53 feet to the Center Quarter Corner of said Section 17; THENCE North 85'25'09" East along said North line of said SE1/4 distance of 2621.52 feet to the POINT OF BEGINNING. Said parcel contains 35.829 acres more or less (f). 4 (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: IN WITNESS WHEREOF, I/we have executed this Petition for �-�1;/�s- Owner's Name: John Minatta Street Address: 2037 Lexington Court City/State/Zip: Fort Collins, Co 80526 Telephone: 498-9479, cell 690-2662 Owners Name: Sam Minatta Street Address: 1101 South Overland Trail City/State/Zip: Fort Collins, Co 80521 Owner's Name: this; 15 t day of Street Address: 1313 Fairway Five Drive City/State/Zip: Fort Collins, Co :80524 Telephone: 282-8801 Owner ame: velyn Minatta Street Address: 2903 Blue Leaf City/State/Zip: Fort Collins, Co;80526 W--a-r 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 are, to be referred'to as the )49Y'Al aZ Annexation to the City of Fort Collins. Said area, consisting of approximately h i f je rl'ileff( 3 5- acres, is more particularly described on Attachment 'A" attached herefo. 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 (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 L/"W/ a Zone District pursuant to the Land Use Code of the City of Fort Collins.