HomeMy WebLinkAboutLIEBL ANNEXATION & ZONING - 11-04 - REPORTS - FIRST READINGATTACHMENT"C"
ATTORNEY CERTIFICATION
I, f -BLIK 1E G% R)QAA14 LCX ik-, an attorney licensed to practice in the State of
Colorado, hereby certify that, as of the d to of this certificate, the signers of this Annexation Petition for
the area referred to as the l I £ L 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 prg sed for annexation, as
said area is described on Attachment "A" of said Apaezation Pn, and to more than 50% of the
land in said area, exclusive of streets and A , )
IWA9CzVo.�
Date
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.
_ L
Circulator's Signature
Subscribed and sworn to before me this day of hll fell , 2004,
byirn�
WITNESS my hand and official seal. ,GAR C. Oo
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t30TgRy'
Commi sio Expiration s�• PUBLIC ;� Notary P blic
inyconumss;mEWes 12.10-2M4
ATTACHMENT"A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado, to -wit:
A TRACT OF LAND SITUATEIN THE NW 1/4 OF SECTION 8, TOWNSHIP 6
NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY,
COLORADO, WHICH CONSIDERING THE WEST LINE OF THE SAID NW 1/4 AS
BEARING SOUTH AND WITH ALL BEARING CONTAINED HEREIN RELATIVE
THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A
POINT ON THE WEST LINE OF SAID NW 1/4 WHICH BEARS SOUTH 361.68
FEET ALONG THE SOUTH LINE OF NW 1/4 OF THE NW 1/4 OF SAID
SECTION 8, THENCE NORTH 446.00 FEET, THENCE S 89 41 MINUTES
30 SECONDS WEST 488.34 FEET TO THE POINT OF BEGINNING.
o (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:
INSTRUCTIONS: INSERT HERE the legal description of individual parcels, or if only
ownership, type "See Legal Description on Attachment `A'."
IN WITNESS WHEROF, I ave executed this Petition for Annexation this - /E day of
Petitioner's/Owner's Signature
�e V&-:�t1YJ�i
Address
tort �C, 2D__ ko5�
City State Zip
Petitioner's/Owner's Signature
Address
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 are, to be referred to as the
LtFAL ________—_ —_—___ Annexation to the City of Fort
Collins. Said area, consisting of approximately "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 31-12-108, 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 cf 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 refunc
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 ____(,_E__,Zone District pursuant to the Land Use Code of the City of Fort Collins.
LIEBL ANNEXATION L.
BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 8, AND THE NORTHEAST
QUARTER OF SECTION 7, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M.,
LARIMER COUNTY, COLORADO
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BACON ELEMENTARY
#11-04 Liebl Annexation and Zoning 4/28/04 N
Type II (LUC)
1 inch : 600 feet
8, said point also being the most Southeasterly corner of the Willow
Springs Annexation; thence along said line N 00*00'00" W 279.73
feet, more or less, to the POINT OF BEGINNING, containing 2.864
Acres, more or less, and being subject to any easements, rights -of -
way or restriction now existing or on record.
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land
Use Code of the City of Fort Collins is hereby changed and amended by showing that the above -
described property is included in the Residential Neighborhood Sign District.
Section 3. That the City Manager is hereby authorized and directed to amend said Zoning
Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 7th day of
December, A.D. 2004, and to be presented forfinal passage on the 21 st day of December, A.D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 21st day of December, A.D. 2004.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 196, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE LIEBL ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the
Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes
procedures and criteria for reviewing the zoning of land; and
WHEREAS, in accordance with the foregoing, the Council has considered the zoning of the
property which is the subject of this ordinance, and has determined that the said property should be
zoned as hereafter provided.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section
1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including
the property known as the Liebl Annexation to the City of Fort Collins, Colorado, in the Urban
Estate (UE) Zone District, which property is more particularly described as situate in the County of
Larimer, State of Colorado, to wit:
That portion of the Northwest Quarter of Section 8, and the Northeast
Quarter of Section 8, Township 6 North, Range 68 West of the 61h
P.M., Latimer County, Colorado, being more particularly described
by the following boundary lines: commencing at the Northwest corner
of said Section 8; thence S 00' 00'00" E, along the West line of the
Northwest Quarter of said Section 8,861.68 feet; thence N 89'41' 30"
E 30.00 feet to the TRUE POINT OF BEGINNING; thence
continuing N 89"41' 30" E 20.00 feet; thence S 00'00'00" E, along the
Easterly right-of-way line of Timberline Road as dedicated on the plat
of Liebl M.R.D. 95-EX0652, 205.16 feet; thence N 89'41'30" E
along the Northerly line of Lot 2 of said Liebl M.R.D., 438.34 feet;
thence S 00'00'00" E, along the East line of said Lot 2, 240.84 feet
to the Southeast corner of Lot 2, Liebl M.R.D.; thence S 89°41'30"
W 518.34 feet to a point on the Westerly right-of-way line of
Timberline Road; thence N 00'00'00" W 189.64 feet to a point on the
approximate centerline of the Mail Creek Ditch, said point also being
on the Southerly line of the Willow Springs Annexation; thence along
said line S 52'11'00" E 37.98 feet; thence N 89*41'30" E 30.00 feet
to a point on the West line of the Northwest Quarter of said Section
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Liebl
Annexation, which annexation shall become effective in accordance with the provisions contained
in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with
the Latimer County Clerk and Recorder.
Section 2. That, in annexing said property to the City, the City does not assume any
obligation 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 hereby annexed except as
may be provided by the ordinances of the City.
Section 3. That the City hereby consents, pursuant to Section 3745-136(3.6), C.R.S.,
to the inclusion of said property into the Municipal Subdistrict, Northem Colorado Water
Conservancy District.
Introduced, considered favorably on first reading, and ordered published this 7th day of
December, A.D. 2004, and to be presented for final passage on the 21 st day of December, A.D. 2004,
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 21st day of December, A.D. 2004.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 195, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
LIEBL ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2004-123, finding substantial compliance and initiating annexation
proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and
WHEREAS, the Council does hereby find and determine that it is in the best interests of the
City to annex said area to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following described property, to wit:
That portion of the Northwest Quarter of Section 8, and the Northeast
Quarter of Section 8, Township 6 North, Range 68 West of the 6'
P.M., Larimer County, Colorado, being more particularly described
by the following boundary lines: commencing at the Northwest corner
of said Section 8; thence S 00' 00'00" E, along the West line of the
Northwest Quarter of said Section 8, 861.68 feet; thence N 89'41'30"
E 30.00 feet to the TRUE POINT OF BEGINNING; thence
continuing N 89°41'30" E 20.00 feet; thence S 00°00'00" E, along the
Easterly right-of-way line of Timberline Road as dedicated on the plat
of Liebl M.R.D. 95-EX0652, 205.16 feet; thence N 89'41'30" E
along the Northerly line of Lot 2 of said Liebl M.R.D., 438.34 feet;
thence S 00'00'00" E, along the East line of said Lot 2, 240.84 feet
to the Southeast corner of Lot 2, Lieb] M.R.D.; thence S 89'41'30"
W 518.34 feet to a point on the Westerly right-of-way line of
Timberline Road; thence N 00'00'00" W 189.64 feet to a point on the
approximate centerline of the Mail Creek Ditch, said point also being
on the Southerly line of the Willow Springs Annexation; thence along
said line S 52°11'00" E 37.98 feet; thence N 89*41'30" E 30.00 feet
to a point on the West line of the Northwest Quarter of said Section
8, said point also being the most Southeasterly corner of the Willow
Springs Annexation; thence along said line N 00'00'00" W 279.73
feet, more or less, to the POINT OF BEGINNING, containing 2.864
Acres, more or less, and being subject to any easements, rights -of -
way or restriction now existing or on record.
RESOLUTION 2004-139
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE LIEBL ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Liebl Annexation; and
WHEREAS, following notice given as required by law, the Council has held a hearing on
said annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby finds that the petition for annexation complies with
the Municipal Annexation Act.
Section 2. That the Council hereby finds that there is at least one -sixth (1/6) contiguity
between the City and the property proposed to be annexed; that a community of interest exists
between the property proposed to be annexed and the City; that said property is urban or will be
urbanized in the near future; and that said property is integrated with or is capable of being integrated
with the City.
Section 3. That the Council further determines that the applicable parts of said Act have
been met, that an election is not required under said Act and that there are no other terms and
conditions to be imposed upon said annexation.
Section 4. That the Council further finds that notice was duly given and a hearing was
held regarding the annexation in accordance with said Act.
Section 5. That the Council concludes that the area proposed to be annexed in the Lieb]
Annexation is eligible for annexation to the City and should be so annexed.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
7th day of December, A.D. 2004.
Mayor
ATTEST:
City Clerk
December 7, 2004 -3- Item No. 24 A-C
Since the Liebl Annexation does not anticipate additional residential units, an agreement has
been secured with Larimer County that would limit the future development of the property to
non-residential uses unless the applicant purchased additional units thought the TDU program.
FINDINGS OF FACT/CONCLUSION:
1. The annexation of this area is consistent with the policies and agreements between
Latimer County and the City of Fort Collins as contained in the Intergovernmental
Agreement for the Fort Collins Urban Growth Area.
2. The area meets all criteria included in Colorado Revised Statutes to qualify for a
voluntary annexation to the City of Fort Collins.
3. The requested zoning of Urban Estate (UE) is warranted by the designation on the City of
Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan.
December 7, 2004 -2- Item No. 24 A-C
2. The area meets all criteria included in Colorado Revised Statutes to qualify for a
voluntary annexation to the City of Fort Collins.
3. The requested zoning of Urban Estate (UE) is in conformance with the policies of City
Plan and is consistent with the Structure Plan and the Fossil Creek Reservoir Area Plan.
FINDINGS and ANALYSIS:
1. Back rg ound
This property is eligible for annexation according to the Colorado Annexation Act, which
requires 1/6 contiguity to the existing city limits. The Liebl Annexation complies with this
standard since the property has 347 feet of the total 1,947 contiguous to the existing city limits.
This meets the minimum 325 feet required to achieve 1/6 contiguity. This contiguity occurs
through a common boundary with the property to the east (across Timberline Road) of the parcel
The property is located within the Fort Collins Urban Growth Area (UGA). According to
policies and agreements between the City of Fort Collins and Larimer County, contained in the
Intergovernmental Agreement for the Fort Collins Urban Growth Area (last amended November
2000), the City will pursue the annexation of land into the City of Fort Collins when such lands
are eligible for annexation according to Colorado Revised Statutes (CRS).
The surrounding zoning and land uses are as follows:
N: FA1(County) — Single Family Residential
S: FAI.(County) — Single Family Residential
E: FAI(County) — Undeveloped
W: UE — Single Family Residential
2. Zoning and Anal:
The property is currently zoned Farming (FA1) District in Larimer County. The City's adopted
Structure Plan, a part of City Plan, designates the site as Urban Estate.
Future development of the property will likely involve converting the existing single family
house into a bed and breakfast. Bed and Breakfasts which are limited to 6 beds are permitted as a
Type H (Planning and Zoning Board) Review. The site is located within the Fossil Creek
Reservoir Area Plan, specifically, within the receiving area of the Transfer of Development Unit
(TDU) program established by the plan. This plan designates the area north of Fossil Creek
Reservoir, south of Kechter Road and generally east of Timberline Road as the receiving area of
the program. Essentially, each residential unit proposed as part of a residential project must
purchase that unit from a sending area, generally a 1/2 mile buffer around Fossil Creek
Reservoir. Larimer County Planning Department oversees the process of allocating the units.
Once the units are transferred, then the property is annexed into Fort Collins for development.
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
SUBJECT
Items Pertaining to the Liebl Annexation and Zoning.
RECOMMENDATION
ITEM NUMBER: 24 A-C
DATE: December 7, 2004
STAFF: Bob Barkeen
Staff and the Planning and Zoning Board recommend adoption of the Resolution and Ordinances
on First Reading.
EXECUTIVE SUMMARY
A. Resolution 2004-139 Setting Forth Findings of Fact and Determinations Regarding the
Liebl Annexation.
B. Hearing and First Reading of Ordinance No. 195, 2004, Annexing Property Known as the
Liebl Annexation to the City of Fort Collins, Colorado.
C. Hearing and First Reading of Ordinance No. 196, 2004, Amending the Zoning Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Liebl Annexation to the City of Fort Collins, Colorado.
The Liebl Annexation is a request to annex and zone 2.8 acres of land located along the east side
of Timberline Road, south of Kechter Road. The site contains an existing single family residence
and detached garage. The parcel is designated UE — Urban Estate on the Fort Collins Structure
Plan and the Fossil Creek Reservoir Area Plan. The anticipated land use is a bed and breakfast
consistent with the design standards in the UE zone district. The parcel is currently zoned FA1 -
Farming in Larimer County.
BACKGROUND
The Planning and Zoning Board considered the Lieb] Annexation on October 21, 2004 as a part
of its Consent Agenda and voted 5-0 (Members Carpenter and Meyer absent) to recommend
approval.
1. The annexation of this area is consistent with the policies and agreements between
Latimer County and the City of Fort Collins as contained in the Intergovernmental
Agreement for the Fort Collins Urban Growth Area.