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Home My WebLink AboutPOUDRE RIVER FIRST ANNEXATION & ZONING - 25-02 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSATTACHMENT "C" ATTORNEY CERTIFICATION I, L4) • `AL- 2Ck—' AN-) , an attorney licensed to practice in the State of Colorado, hereby certify that I have examined the records of the Clerk and Recorder of Latimer County, Colorado and have verified that the signers of this Annexation Petition for the area referred to as the PokryL E A 1 v ✓p-ic I ST Annexation to the City of Fort Collins are 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 Rea. No. STATE OF COLORADO ) )ss. COUNTY OF LARIIvIER ) 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. I i i Troy J, nes, Circulator Subscribed and sworn to before me this day of 200 J-- , by WITNESS my hand and official seal. 'i Eommission Expiration Attachment "A" Legal Description of Poudre River First Annexation A TRACT OF LAND SITUATE IN THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18 AS BEARING NORTH 000 13' 00" EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 18, THENCE, N 880 53' 00" E 1251.24 FEET TO A POINT INTERSECTION WITH THE WEST LINE OF THE NE 1/4 OF THE NW 1/4 OF SAID SECTION 18 AND THE WESTERLY LINE OF FIRST SCHNEIDER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 00' 02' 00" W 600.13 FEET ALONG THE WESTERLY LINE OF SAID FIRST SCHNEIDER ANNEXATION; THENCE, S 440 12' 00" E 912.42 FEET ALONG THE NORTHERLY LINE OF SAID FIRST SCHNEIDER ANNEXATION; THENCE. S 58' 05' 00" E 62.59 FEET ALONG THE NORTHERLY LINE OF SAID FIRST SCHNEIDER ANNEXATION TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, N 010 05' 00" E 266.92 FEET; THENCE, S 36° 10' 00" E 220.00 FEET; THENCE, S 83' 30' 00" E 510.00 FEET; THENCE, N 000 00' 00" E 280.07 FEET; THENCE, S 86' 06' 00" E 316.04 FEET; THENCE, S 150 56' 00" W 186.72 FEET; THENCE, S 070 37' 00" W 377.84 FEET; THENCE, S 650 42' 00" E 38.16 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE AMENDED MOBIL PREMIX PROSPECT ROAD ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 11° 33' 22" W 108.64 FEET ALONG THE WESTERLY LINE OF SAID AMENDED MOBIL PREMIX PROSPECT ROAD ANNEXATION; THENCE, S 410 06' 35" W 124.14 FEET ALONG THE WESTERLY LINE OF SAID AMENDED MOBIL PREMIX PROSPECT ROAD ANNEXATION; THENCE, N 660 42' 35" W 180.77 FEET ALONG THE WESTERLY LINE OF SAID AMENDED MOBIL PREMIX PROSPECT ROAD ANNEXATION; THENCE, S 00° 01' 23" E 107.46 FEET ALONG THE WESTERLY LINE OF SAID AMENDED MOBIL PREMIX PROSPECT ROAD ANNEXATION TO A POINT INTERSECTION WITH THE NORTHERLY LINE OF SAID FIRST SCHNEIDER ANNEXATION; THENCE, N 520 21' 40" W 108.67 FEET ALONG THE NORTHERLY LINE OF SAID FIRST SCHNEIDER ANNEXATION; THENCE, N 490 07' 10" W 223.66 FEET ALONG THE NORTHERLY LINE OF SAID FIRST SCHNEIDER ANNEXATION; THENCE. N 52' 58' 50" W 179.22 FEET ALONG THE NORTHERLY LINE OF SAID FIRST SCHNEIDER ANNEXATION; THENCE, N 47' 15' 10" W 253.87 FEET ALONG THE NORTHERLY LINE OF SAID FIRST SCHNEIDER ANNEXATION; THENCE, N 580 05' 00" W 42.79 FEET ALONG THE NORTHERLY LINE OF SAID FIRST SCHNEIDER ANNEXATION TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 9.437 ACRES MORE OR LESS. 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." IN WITNESS WHEREOF, I/we have executed this Petition for Annexation this Z34 day of Mal , 200 z City of Fort Collins, Colorado A Municipal Corporation �^^ �n By: . ' h_J1..1 John F. Fischbach, City Manager City of Fort Collins, Colorado P.O. Box 580 Fort Collins, CO 80522-058 2) POUDRE RIVER FIRST - 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 Poudre River First Annexation to the City of Fort Collins. Said area, consisting of approximately 9.437 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 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 than 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 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 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 Section 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, Section 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, Section 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 POL - Public Open Lands Zone District pursuant to the Land Use Code of the City of Fort Collins. ❑ (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. c Rc #25-02 Poudre River. First Annexation Type II (LUC) 05/23/02 1 inch : 600 feet No Text Poudre River First Annexation & Zoning, File # 25-02 June 20, 2002 P & Z Meeting Page 2 2. Zonino and Analvsis: The property is currently zoned C-Commercial District in Larimer County. The requested zoning for this annexation is the Public Open Lands District (POL). The City's adopted Structure Plan, a part of City Plan, designates the site Poudre River Corridor. A zoning designation of POL is consistent with the Structure Plan designation. 3. City Council Hearings: City Council hearings on this proposed annexation and zoning will be held on the following dates: Initiating Resolution June 4, 2002 First Reading July 16, 2002 Second Reading August 20, 2002 FINDINGS OF FACT/CONCLUSION: 1. The annexation of this area is consistent with the policies and agreements between Larimer 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 Public Open Lands (POL) is in conformance with the policies of City Plan and is consistent with the Structure Plan. RECOMMENDATION: Staff recommends that the Planning and Zoning Board forward a recommendation to the City Council to approve the Poudre River First Annexation with a zoning designation of Public Open Lands (POL). ITEM NO. 5 .. MEETING DATE _612010? STAFF_, Trod/ Iones City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Poudre River First Annexation & Zoning, File # 25-02 APPLICANT: City of Fort Collins I OWNERS: City of Fort Collins d PROJECT DESCRIPTION: The site is approximately 9.437 acres of publicly owned property located northwest of the Nix Farm Natural Area including portions of the Poudre River. The property is in the Kingfisher Natural Area. RECOMMENDATION: Staff recommends approval of the annexation and recommends that the property be placed in the Public Open Lands District (POL). EXECUTIVE SUMMARY: 1. The annexation of this area is consistent with the policies and agreements between Larimer 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 Public Open Lands (POL) is in conformance with the policies of City Plan and is consistent with the Structure Plan. COMMENTS: 1. Background: 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, the City will annex property within the UGA when the property is eligible for annexation according to Colorado Revised Statutes (CRS). This property is eligible for annexation according to CRS, requiring 1/6 contiguity to the existing city limits. The Poudre River 1st Annexation and Zoning complies with this standard since the property has 1220 feet of its total boundary of approximately 3525 feet contiguous to the existing City limits. This meets the minimum 587 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Amended Mobil Premix Prospect Road Annexation (March 1983) and the First Schneider Annexation (August 1983). COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT