HomeMy WebLinkAboutWEBSTER FARM ANNEXATION & ZONING - 43-01 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSATTACHMENT"C"
ATTORNEY CERTIFICATION
I, (TPa�9e A, /d as--r an attorney licensed to practice in the State of
Colorado, hereby certify that I have examined the records of the Clerk and Recorder of Larimer County,
Colorado and have verified that the signers of this Annexation Petition for the area referred to as the
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 tha /o of the land in said rea, exclusive of
streets and alleys.
Date . gnature Attorney Reg. No.
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.
Subff ribe and sworn to before me this 3 day of c1 c 7 a G-e x� .260(.
by A . ttt _
WITNESS my hand and official
( Commi Sion Lxpiration
NOTAO
PUBLIC ,
MyCora, WMEq*nj2-1a-2M4
I AI- � I ) (14 )
N a Pu I c
ATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado, to -wit:
rE
A parcel of land being part of the Southwest Quarter (SW1/4)- of Section Four (4), the Southeast
Quarter (SE1/4) of Section Five (5), and the Northwest Quarter (NW1/4) of Section Nine (9), all in
Township Six North (T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal.,Meridibn (6th
P.M.), County of Lorimer, State of Colorado and being more particularly described as follows:
BEGINNING at the West Quarter Comer of said Section 4 and assuming the West line of said SWt/4
as bearing South 01'45'54" East, being a Grid Bearing of the Colorado State Plane Coordinate
System, North Zone, North American Datum 1983/92, a distance of 2553.31 feet with all other
bearings contained herein relative thereto:
THENCE South 88'53'29" East along the North line of said SW1/4 a distance of 30.04 feet to the
East R.O.W. line of Lorimer County Road #9 (Ziegler Road), said point being the TRUE POINT OF
BEGINNING;
THENCE continuing South 88'53'29' East along the North line of said SW1/4, said line also being
the South line of Harmony Farm Annexation a distance of 2624.13 feet to the . Center Quarter
Comer of said Section 4;
THENCE South 01'49'40" East along the East line of said SW1/4 a distance of 2564.85 feet to the
North R.O.W. line of Lorimer County Road #36 (LCR #36) (Kechter Road), being along the West line
of Willow Brook Annexation No. 1 and along the West line of the Willow Brook Annexation No. 2;
THENCE North 87'59'57* West along said North R.O.W. line a distance of 1597.46 feet;
THENCE South 02'00 03 West a distance of 60.00 feet to the South R.O.W. Gne of said LCR #36;
THENCE North 87 59'57" West along the South R.O.W. line of said LCR #36 a distance of 1028.87
feet to the East line of H.H.=36 Annexation;
Thence along the East R.O.W. line of said LCR 19 by the following Two (2) courses and distances
and the East and North lines of Said H.H.-36 Annexation by the following Four (4) courses and
distances;
THENCE North 00'00'25" West a distance of 31.47 feet;
THENCE North 01*45*54" West a distance of 711.60 feet; -
THENCE South 88'07*11" West a distance of 30.00 feet to the West line of said Southwest Quarter,
THENCE North 81'25'49" West a distance of 30.49 feet to the West R.O.W. line of said LCR #9;
THENCE North 01'45'54" West along the West R.O.W. line of said LCR #9 a distance of 1212.57
feet;
Thence along the South and East lines of the Ruff Annexation the following Two (2) courses and
distances;
THENCE South 88'33'48" East a distance of 60.09 feet to the East R.O.W. line of said LCR 19;
THENCE North 01'45'54" West along the East R.O.W. line of said LCR #9 a distance of 626.10 feet
to the TRUE POINT OF BEGINNING.
Said described parcel of land contains 156.249 Acres, more or less (t) and is subject to any
rights -of -way or other easements as granted or reserved by instruments of record or as now
existing on said described parcel of land.
❑ (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'."
See Legal Description on Attachment 'A'
My Wffd w Sores June 21, 2W
IN WITNESS WHEROF, I/we have executed this Petition for Annexation this _Z 3 day of
�. 200 /
J/j
P on is/Owner' nature Petitioner's/Owners Signature
2407 LaPorte Ave
Address
Address
Fort Collins, CO 80521
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 are, to be referred to as the
Webster Farm Annexation to the City of Fort
Collins. Said area, consisting of approximatelyone hundred Gi Xty (1fin 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 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-M-N Zone District pursuant to the Land Use Code of the City of Fort Collins.
October 23, 2001
City of Fort Collins
Current Planning Department
PO Box 580
Fort Collins, CO 80522-0580
RE: Webster Farm Annexation
This letter, together with the Application and Petition for Annexation, is to certify that the
requirements of the Colorado Annexation Act have been met. Poudre School District is
the sole owner of the property being annexed. We have determined that there is a
"Community of interest" which is the underlying justification for the Annexation request.
The zoning classification being requested, L-NI-N, is consistent with the City Structure
Plan. Annexation plats and the ALTA Survey showing buildings is attached.
It is further requested that this Application be handled expeditiously. Poudre School
District intends to start construction activities early in 2002. It is to our advantage to
have Annexation completed prior to the start of construction.
If you have further questions, I can be reached at 490-3509 or email
rdaggettRcpsd.k 12.co.us.
Sincerely,
12on Daggett/
Property Manager
2407 LaPorte AvcJILle • Pun Collins. CO 80521-2297 • (970) 442-7420
Cultur4 Abrary, and Recreational Service.
Parks and Recreation
City of Fort Collins
DATE: October 31, 2001
TO: Ted Shepard, Chief Planner/Current Planning
FROM: Marty Heffernan, Director of Parks and Recreation
RE: Webster Farms — 2004 High School Annexation and Zoning
I am writing to provide the support of the City of Fort Collins Parks and Recreation Department
for the Webster Farms — 2004 High School Annexation and Zoning. The property that is the
subject of the annexation proceeding will be developed into a new high school by the Poudre
School District. The City's Parks and Recreation Department intends to purchase approximately
53 acres of the southern portion of this property as a future community park site. Money for the
acquisition of the property is available in the City's Community Parkland Fund. The Parks and
Recreation Department intends to request an appropriation of these funds for the purchase of the
53 acre park site later this year so we can purchase the property early in 2002.
This 53-acre park will provide a variety of outdoor recreation facilities to city residents in the
vicinity of the park and will allow the City to achieve the objectives of the Parks and Recreation
Policy Plan. This plan calls for the City to provide 4.5 acres of developed community parkland
for every 1,000 people. Development of the park will be paid for from Community Parkland
impact fees, which are assessed on new dwelling units.
The City's Parks and Recreation Department is very pleased to cooperate with the Poudre School
District through the joint use of the subject property for purposes that will greatly benefit the Fort
Collins community. We fully support the School District's request to annex this property.
215 North Mason Street • 3rd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6351 • FAX (970) 221-6586
No Text
Webster Farm Annexation & Zoning, #A43-01
January 17, 2001 P & Z Meeting
Page 4
C. The requested zone district, L-M-N, Low Density Mixed -Use
Neighborhood, is in conformance with the City's Comprehensive Plan
(City Plan), including the Structure Plan Map.
D. On December 18, 2001, City Council approved a Resolution, which
accepts the annexation petition and determines that the petition is in
compliance with State law.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Board recommend to City
Council approval of Webster Farm Annexation with L-M-N, Low Density Mixed -
Use Neighborhood, zoning.
Webster Farm Annexation & Zoning, #A43-01
January 17, 2001 P & Z Meeting
Page 3
community by the pattern of streets, blocks, and other linkages. A neighborhood
center provides a focal point, and attractive walking and biking paths invite
residents to enjoy the center as well as the small neighborhood parks. Any new
development in this district shall be arranged to form part of an individual
neighborhood.
The requested zoning of L-M-N, Low Density Mixed -Use Neighborhood complies
with City Plan and Structure Plan and matches the existing zoning to the west
and east.
3. Fossil Creek Reservoir Area Plan:
As mentioned, the parcel is contained within the Fossil Creek Reservoir Area
Plan. Both the City and County jointly adopted this sub -area plan in 1998. The
primary objective of the plan is to direct future urban development toward
municipal boundaries, while balancing preservation of open lands and critical
natural areas around the Fossil Creek Reservoir and areas between Loveland
and Fort Collins. The applicant is aware of the land use, transportation and
natural areas/open lands elements of this sub -area plan.
4. Compliance with State Law:
As mentioned, the annexation has 57 % of its perimeter boundary contiguous
with existing city limits, which exceeds the required one -sixth as mandated by
State law. Further, the parcel is found to have a community of interest with the
City and the parcel is expected to urbanize shortly.
5. Findings of Fact/Conclusion:
In evaluating the request for the Webster Farm Annexation and Zoning, Staff
makes the following findings of fact:
A. The annexation of this parcel is consistent with the policies and
agreements between Larimer County and the City of Fort Collins, as
contained in the recently amended INTERGOVERNMENTAL
AGREEMENT —GROWTH MANAGEMENT AREA.
B. The parcel meets all criteria included in State law to qualify for annexation
by the City of Fort Collins.
Webster Farm Annexation & Zoning, #A43-01
January 17, 2001 P & Z Meeting
Page 2
COMMENTS:
1. Background:
According to the policies and agreements between the City of Fort Collins and
Larimer County, contained in the recently amended (November 21, 2000)
INTERGOVERNMENTAL AGREEMENTS — GROWTH MANAGEMENT AREA,
the City will agree to consider for annexation property in the U.G.M.A. when such
property is eligible for annexation according to State law.
The surrounding zoning and land uses are as follows:
N: H-C, Harmony Corridor; Celestica and Vacant (Harmony Technology Park)
S: FA-1, Farming (County); Agriculture and Rural Residential
E: L-M-N; Low Density Mixed -Use Neighborhood; Vacant (Willow Brook P.D.P.)
W: L-M-N and FA-1; Urban Residential and Rural Residential
The parcel gains the necessary one -sixth contiguity along the north, east and
portions of the west property lines. Of the total perimeter boundary, the parcel
has 57% contiguity with the City limits. This substantially exceeds the required
minimum of 16.66% (one -sixth). The parcel, therefore, complies with the
requirements of the INTERGOVERNMENTAL AGREEMENT — GROWTH
MANAGEMENT AREA and is eligible for annexation.
One of the stated intents of the AGREEMENT is to have urban development
occur within the City in order that the provision of urban level services by the
County would be minimized. This is a 100% voluntary annexation. The parcel is
not an enclave. On December 18, 2001, City Council approved a Resolution
which accepts the annexation petition and that the petition is in compliance with
State statutes.
2. Zoning:
The proposed zoning for the Webster Farm Annexation is L-M-N, Low Density
Mixed -Use Neighborhood. This district is intended to be a setting for a wide
range of low density housing combined with complementary and supporting land
uses that serve a neighborhood and are developed and operated in harmony
with the residential characteristics of a neighborhood. The main purpose of the
District is to meet a wide range of needs of everyday living in neighborhoods that
include a variety of housing choices, that invite walking to gathering places,
services and conveniences, and that are fully integrated into the larger
ITEM NO. 2
MEETING DATE 1/17/02
STAFF Ted Shepard
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Webster Farm Annexation and Zoning, #43-01
APPLICANT: Nolte Associates
C/o Mr. Tom Ochwat
1901 Sharp Point Drive
Fort Collins, CO 80524
OWNER: Poudre School District.
2407 LaPorte Avenue
Fort Collins, CO 80521
PROJECT DESCRIPTION:
This is a request to annex and zone a 156.25-acre parcel. The site is
approximately one -quarter section of land generally located on the east side of
Ziegler Road (C.R.#9), one-half mile south of Harmony Road. Kechter Road
(C.R.#36) forms the southern boundary. Contiguity with the existing municipal
boundary is gained along the north, east and west property lines. The
recommended zoning is L-M-N, Low Density Mixed -Use Neighborhood.
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
This is a 100% voluntary annexation for a property located within the Urban
Growth Area. The property satisfies the requirement that no less than one -sixth
of the perimeter boundary be contiguous to the existing City boundary. The
parcel is located within the Fossil Creek Reservoir Area Plan. The
recommended zoning of L-M-N, Low Density Mixed Use Neighborhood, is in
compliance with the City's Comprehensive Plan and Structure Plan Map. The
initiating resolution was passed by City Council on December 18, 2001. The item
is scheduled for first reading by City Council on February 5, 2002.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT