HomeMy WebLinkAboutSANCTUARY ANNEXATION - 33-01M - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSATTACHMENT licit
ATTORNEY CERTIFICATION
Liley, Rogers & Martell, LLC, by Lucia A. Liley, an attorney licensed to practice in the State
of Colorado, hereby certifies that, as of the date of this certificate, the signer of this Petition for
Annexation for the area referred to as The Sanctuary, Planned Land Division Annexation to the City
of Fort Collins is the owner of real property in the area proposed for annexation. Furthermore, it is
certified that said owner constitutes more than fifty percent (50%) of the landowners in the area
proposed for annexation, as said area is described on Attachment "A" to said Petition for
Annexation, and owns more than fifty percent (50%) of the land in said area, exclusive of streets and
alleys.
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Liley, Rzomey
RNo4402
ATTACHMENT"B"
CIRCULATOR'S AFFIDAVIT
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
thereon is the signature of the person whose name it purports to be.
Signature
Subscribed and sworn to before me this eday of_, 2006, by
WITNESS my hand and official seal.
Commission 4Expiration tary FQblic
My Commission Expires 2/20W
ATTACHMENT "A"
LEGAL DESCRIPTION OF THE AREA TO BE ANNEXED
Lot 2, Beard Minor Land Division (04-S2261), according to the plat recorded
October 21, 2004 at Reception No. 2004-0102780
upon inclusion, any right which may exist to a refund pursuant to Article X, §20 of the Colorado
Constitution; (2) the ordinance approving the annexation of the Property shall recite that the
development of The Sanctuary, Planned Land Division Annexation shall be governed by (a) the
Final Plat and Construction Plans for The Sanctuary, Planned Land Division as approved by Larimer
County; and (b) the terms and conditions of the Development Agreement for The Sanctuary, Planned
Land Division between the Sanctuary Development Corp., Larimer County and the City of Fort
Collins.
WHEREFORE, said Petitioner requests that the Council of the City of Fort Collins approve
the annexation of the Property. Furthermore, the Petitioner requests, pursuant to the Land Use Code
of the City of Fort Collins, that the Property be placed in the Urban Estate District (U-E).
The Petitioner reserves the right to withdraw this petition and its 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.
The Petitioner signing this Petition represents that it owns the area to be annexed more
particularly described on Attachment "A".
IN WITNESS WHEREOF, I have executed this Petition for Annexation this //day of
�� 2006.
PETITIONER/OWNER:
SANCTUARY DEVELOPMENT CORP.,
a Colorado corporation
Beard, President
PETITIONER/OWNER ADDRESS:
3480 Egret Court
Fort Collins, CO 80528
PETITION FOR ANNEXATION
THE UNDERSIGNED (hereinafter referred to as the "Petitioner") hereby petitions the
Council of the City of Fort Collins, Colorado for the annexation of an area, to be referred to as The
Sanctuary, Planned Land Division Annexation, to the City of Fort Collins. Said area, consisting of a
total of approximately 15.656 acres, is more particularly described on Attachment "A" attached
hereto (the "Property").
The Petitioner alleges:
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 Petitioner herein comprises more than fifty percent (50%) of the landowners
in the area and owns 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, the following are express conditions of annexation: (1) Petitioner consents to the
inclusion into the Municipal Subdistrict, Northern Colorado Water Conservancy District (the
"Subdistrict") pursuant to §37-45-136(3.6), C.R.S. Petitioner acknowledges that, upon inclusion into
the Subdistrict, Petitioner's property will be subject to the same mill levies and special assessments
as are levied or will be levied upon other similarly situated property in the Subdistrict at the time of
inclusion of Petitioner's lands. Petitioner agrees 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. Petitioner also agrees to waive,
THE SANCTUARY, PLANNED LAND DIVISION ANNEXATION
A Parcel Of Iand Acing A Replat Of Lot 2, Beard Minor Land Division File No. 04-S2261
Locatcd In The West Half Of Section 9, Township 6 North, Range 68 West, Of The 6th P.M.,
City Of Fort Collins, County Of Larimer, State Of Colorado
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CONTIGUOUS BOUNDARY = 2721.29 L.F.
TOTAL BOUNDARY = 3581.47 L.F.
RATIO = 1:1.32
AREA 15.656 NET ACRES
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Sanctuary Annexation 3/9/06 N
Structure Plan Designation
No Text
#33-01 M Sanctuary Annexation & Zoning 1/25/06 N
Type II
1 inch equals 600 feet
Sanctuary Annexation and Zoning, #33-01 M
March 16, 2006 P & Z Meeting
Page 4
D. Fossil Lake Ranch Subdivision, the abutting parcels to the southwest and east,
are also zoned Urban Estate.
E. Staff recommends the parcel be placed within the Residential Neighborhood Sign
District.
F. On March 7, 2006, City Council passed a Resolution which accepted the
annexation petition and determined that the petition is in compliance with State
law. First Reading of the Ordinances related to the annexation and zoning of the
parcel are scheduled with City Council on April 18, 2006.
RECOMMENDATION:
Staff recommends that the Sanctuary Annexation be approved and that the parcel be
placed into the U-E, Urban Estate zone district. In addition, Staff recommends that the
property be placed within the Residential Neighborhood Sign District.
Sanctuary Annexation and Zoning, #33-01 M
March 16, 2006 P & Z Meeting
Page 3
minimized. This is a 100% voluntary annexation. The parcel is not an enclave. On
March 7, 2006, City Council passed a Resolution which accepted the annexation
petition and established that the petition is in compliance with State statutes.
2. Compliance with State Law:
As mentioned, the annexation has approximately 75% of its perimeter boundary
contiguous with existing City limits, which exceeds the required one -sixth (16.66%) 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.
3. Zoning:
A. Requested Zoning — Urban Estate
The proposed zoning for the Sanctuary Annexation is U-E, Urban Estate. The Land
Use Code describes this zone district as follows:
Purpose. The U-E district is intended to be a setting for a predominance of low -
density and large -lot housing. The main purposes of this District are to
acknowledge the presence of the many existing subdivisions which have
developed in these uses that function as parts of the community and to provide
additional locations for similar development, typically in transitional locations
between more intense urban development and rural or open lands.
As mentioned, the U-E designation is consistent with both Fossil Creek Reservoir Area
Plan and the City's Structure Plan Map.
4. Findings of Fact/Conclusion:
In evaluating the request for the Sanctuary 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
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.
C. The requested zone district, U-E, Urban Estate, is consistent with both the City's
Structure Plan Map and the Fossil Creek Reservoir Area Plan.
Sanctuary Annexation and Zoning, #33-01 M
March 16, 2006 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 amended (November 21, 2000) Intergovernmental Agreements
— Growth Management Area (I.G.A.), the City will agree to consider for annexation
property in the G.M.A. when such property is eligible for annexation according to State
law. According to the I.G.A., as amended:
"It is the City's intent to annex properties within the GMA as expeditiously as
possible consistent with the terms of this Agreement. Except as provided in
Section 8(B), the City agrees to consider the annexation of any parcel or parcels
of land located within the GMA which are eligible for voluntary annexation
pursuant to the provisions of Title 31, Article 12 Colorado Revised Statutes."
The surrounding zoning and land uses are as follows:
N: LMN—Existing single family homes (Fossil Lake Ranch);
E: UE—Existing single family homes (Fossil Lake Ranch) and FA-1 (County) —
Existing large -lot, semi -rural single family detached residential;
S: FA-1 (County); Existing large -lot, semi -rural single family detached residential
SW: UE—Existing single family homes (Fossil Lake Ranch);
W: LMN—Existing single family homes (Fossil Lake Ranch).
The 15.65-acre parcel was originally part of a larger 35-acre parcel which was recently
subdivided by the owner into two smaller lots through the County's Minor Land Division
process. The subject of this annexation request is northern parcel. The owner has
retained ownership in the southern parcel. The subject parcel is nearing completion of
the County's Subdivision process to become the 20-lot Sanctuary Subdivision. Upon
recordation, the Sanctuary Subdivision will be ready for immediate annexation by the
City. All of the lots were included in the boundary area of the Fossil Creek Reservoir
Area Plan jointly adopted by the City and Larimer County in 1999.
The subject parcel gains the necessary one -sixth contiguity along the entire north, west
and east property lines. Of the total perimeter boundary, the parcel has approximately
75% 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
ITEM NO. 4
MEETING DATE3/16/06
STAFF Anne Aspen
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Sanctuary Annexation and Zoning, #33-01 M
APPLICANT: Tom Dugan
Sanctuary Development Corp.
C/o Pinecrest Planning and Design, LLC
4225 Westshore Way
Fort Collins, CO 80525
OWNERS: Sanctuary Development Corp.
3480 Egret Court
Fort Collins, CO 80528
PROJECT DESCRIPTION:
This is a request to annex and zone a 15.65 acre parcel. The site is located
approximately one-half mile south of Kechter Road and approximately one -quarter to
one-half mile east of Ziegler Road. Contiguity with the existing municipal boundary is
gained along the entire north boundary which is shared with Fossil Lake Second
Annexation; the entire east boundary which is shared with the Swift Addition Fossil Lake
Annexation; and the western boundaries which are shared with the Fossil Lake PUD.
The requested zoning is U-E, Urban Estate which is consistent with both the Structure
Plan Map and the Fossil Creek Reservoir Area Plan.
RECOMMENDATION: Approval of the Annexation and Zoning to U-E.
EXECUTIVE SUMMARY:
This is a 100% voluntary annexation for a property located within the Growth
Management Area. The property satisfies the requirement that no less than one -sixth of
the perimeter boundary be contiguous to the existing City boundary. The applicant's
requested zoning of U-E, Urban Estate, is consistent with the Fossil Creek Reservoir
Area Plan and the City's Structure Plan Map. Staff recommends the parcel be placed
within the Residential Neighborhood Sign District. The Initiating Resolution was
considered by City Council on March 7, 2006 and approved. The item is scheduled for
first reading by City Council on April 18, 2006.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT