HomeMy WebLinkAboutTRILBY HEIGHTS ANNEXATION & ZONING - 16-00 - REPORTS - A.I.R. TO BOARD OF COUNTY COMMISSIONERS14:00 Q1 fifrfZ�/Ri .. '•"'�`Maw-ia0'�t•;}i rr.r�i �.'i r � *f- i3t:!'� L h
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1. tion as contained in Patent recorded March 22, 1906, in
Reserva
Book va at Page 272, as follows: "Subject to -any vested.and
accrued water rights for mining, agricultural, manufacturing
or other purposes, and right to !itches and reservoirs 'used is
Connection with such ester rights, as may be recognized and
acknowledged by the_ local., cuetcros, laws and decisions ,of
Ccurts: also subject to the right of the proprietor of a troin
or lode to found
extract ne
foees
d remove his ore therefZOM. should the
same be und to pene
trate or intersect the premises
granted, as provided by law." (note: Sec. 15: S83()
Pcudrs Valley Fire Protection District
2. Inclusion into the ^1
recorded April 19, 1950, in Book 891 at Page 364.
3. Certificate of Addition to the Big Thompson Soil Conservation
District recorded April 13, 1950, in Book 891 at Page 221
(Note: Sec 15-, *MsEj and Sec 14:. i� e )
4. Notices Caaceznira -IInaergTourid 'Facilities of South Fort
tat+oa District ocordad .April 1, 1988, 'at
Collins 'i
Reception Nos.-,66014427 and 980.44428, ressxpeL'tively. (Note:
Sac 15) _
5 Underground Facilities OfNotice.. concerning
.Poudre Valley
recorded November 16, 1984,. zr
Rural Electric As8ociation, 7sc .+
in Book 2298 at Page 1414.- (Note Sec 15)
6. Settlement Agreement relating to the 8evelogment Plan for
March •26, 1997, at Reception No.
97o18478.
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" portion of the IPA of Section 15, Township 6 Sorth, Bsnga � _
west of the 6th P.
Larimw County Colarado•.:deseribed
follows
the Booth line of the "M of the SE'!(of said eeation 15
baring N 89037.590 west and with all beariaps ooetained haraia
relative tbarsto.
Beginning sC the gwthiiit--C6i 'oi sal&wg bf-I BBIf ol,BectSys
15 # thence .I said - sou.-h _ line of the N!4 of- he.: BSBI i ,!!.' 37. 39•
w, 1thence feat. to the Sw corner -of said 8ectiast`ZSt;t ,alos�
the eoath lino of the SM n saia`eectioa 15 8 09'OS•si! �r 39 01
feet to a line that is`parallei with and 39.00 feet weste mivmared
at right angles# fva the west line of said 0"3" os aectaos r'r
thence along said parallel line N 00'03144. 8,.921.38 feet# t}oce
N 66044.01' E. 1505.80 feet to the Bast line of the WA off he Yws9
of said Section 151 thence along said East lice
1514.17 feet to the point of Beginning-
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MARCH & LILEY. P.C.
ARTHUR E. MARCH..:R. ATTORNEYS AND COUNSELORS AT LAW
LUCIA A. LILEY 110 E. OAK STREET
J. 8RADFORD MARCH FORT COLLINS, COLORA00 80524-2880
(970) 482-4322
Fax 19701 482-5719
MEMORANDUM
TO: Sheri Wamhoff, City Engineering
Jim Hoff, City Mapping/Drafting
FROM: . Lucia A. Liley, March & Myatt, P.C.
DATE: June 8, 2000
RE: Trilby Heights Sixth Annexation
Sheri and Jim:
ARTHUR E. MARCH
1908-1981
As you know,. this firm represents Dalco Land, L.L.C., the owner and developer of the Registry
Ridge P.U.D., and the co -petitioner with the City on the Trilby Heights Sixth Annexation. I received
Steve Olt's summary of the review comments, and thought I should provide you with some
additional information about the proposal.
After recently discovering that a narrow strip of land along and inside the western boundary of the
Registry Ridge P.U.D. First and Third Filings lies outside of the City limits, Bob Blanchard
requested that we annex the property to correct the error. Because the City had purchased part of
Registry Ridge for open space in 1997 (a copy of the deed is enclosed) which also included a narrow
strip outside the City limits, we agreed with Bob Blanchard to include the City's property on this
annexation plat. Tom Shoemaker of Natural Resources reviewed the plat before we submitted the
annexation request, and John Fischbach has signed for the City as co -petitioner.
Although this narrow strip of City property is adjacent a City -owned natural area that will be
annexed in the future, it was agreed that including the City strip on Dalco's annexation plat would
be a very efficient way to clean up this problem.
Sincerely,
MARCH & LILEj;, P.C.
LAL/jpk
Enclosure
PC: Steve Olt, Current Planning
xc: David Stringer, "Interim" Current Planning Director
Engineering Department
Mapping/Drafting Department
Dalco Land, L.L.C.
The Sear -Brown Group
Project File #16-00
Commu i Planning and Environmental ; vices
Current Planning
City of Fort Collins
May 23, 2000
March & Liley, P.C.
c/o Lucia Liley
110 East Oak Street, Suite 200
Fort Collins, CO. 80522
Dear Lucia,
Staff has reviewed the Trilby Heights Sixth Annexation and Zoning documentation
(including the plat and petition) that was submitted to the City on April 19, 2000, and would like
to offer the following comments:
The Police Department indicated that they have no concerns or comments regarding this
annexation and zoning request.
2. Terry Farrill of the Fort Collins -Loveland Water District and the South Fort Collins
Sanitation District stated that he has reviewed the annexation petition and plat and
would like to offer the following comments:
a. The Districts have numerous easements and existing and proposed water lines
crossing the proposed annexation and surrounding properties.
b. The purpose and zoning of the annexation was not provided with the submittal;
however, the potential impact to the District's existing and proposed facilities
needs to be taken into consideration and preserved.
3. Ellen Switzer of the Light & Power Department stated that this area is within Poudre
Valley Electric Association's service territory. Service Rights Fees will apply to electric
service following transfer of electric service to the City of Fort Collins Utilities.
4. Sheri Wamhoff of the Engineering Department stated that the portion of the annexation
plat adjacent to the natural area should be left out. This area will be taken in when the
natural area is annexed.
5. The Mapping/Drafting Department stated that the City should not annex the portion of
the City property at the southwest corner of this annexation plat with this annexation plat.
It should be annexed with the annexation of the natural area.
281 North College Avenue • P.O. Box 580 jt Fort Collins, CO 80522-0380 • (970) 221-6750 • FAX (970) 416-2020
TRILBY HEIGHTS SIXTH
ANNEXATION AND ZONING
Consistencv with Structure Plan
The Petitioners request that Dalco's Property (see Exhibit B to the Petition for
Annexation) be placed in the Low Density Mixed -Use Neighborhood District (L-M-N) upon
annexation. The L-M-N designation is consistent with the City Structure Plan designation of the
adjacent property, Registry Ridge P.U.D., First and Second Filings. This annexation and zoning
will simply extend the existing L-M-N Zone District (i) north to include the full right-of-way of
Trilby Road, and (ii) west to encompass the full area of the Registry Ridge P.U.D. First and
Second Filings.
The Petitioners. request that the City's Property (see Exhibit B to the Petition for
Annexation) be placed in the Urban Estate District (U-E) upon annexation. The U-E designation
is consistent with the City Structure Plan designation of the adjacent property, which the City
has purchased for open space at the City's Edge. The annexed property will extend the existing
transition between the developed areas of the City and existing agricultural/rural lands in the
County.
Statement of Principles and Policies
Low Density Mixed -Use Neighborhood District (L-M-N) and Urban Estate District (U-E)
zoning will achieve the underlying goals and purposes of the following Principles and Policies:
NOL-1
LMN-1.3
NOL-1.1
UGE-1
NOL-1.2
UGE-1.1
NOL-2
UGE-1.2
NOL-2.1
UGE-2.1
NOL-2.3
UGE-2.2
GM-2
UGE-2.3
GM-2.1
ROLE-1
ROLE-2
t.M
DESCRIPTION: UE ZONE PORTION
A tract of land located in the West Half of Section 15, Township 6 North, Range 69 West
of the 6th Principal Meridian, County of Larimer, State of Colorado, being more
particularly described as follows:
Considering the East line of the Northwest Quarter of said Section 15 as bearing South
00°03'24" West and with all bearings contained herein relative thereto:
Commencing at the North Quarter corner of said Section 15; thence along the East line of
said Northwest Quarter, South 00°03'24" East, 2634.98 feet to a point on the South line
of the Northeast Quarter of said Section 15, said point also being the POINT OF
BEGINNING; thence continuing along said East line, South 00°03'24" West, 2605.40
feet to a point being the South Quarter corner of said Section 15; thence along the South
line of the Southwest Quarter of said Section 15, South 89°05'51" West, 39.01 feet;
thence, North 00°03'24" East along a line parallel with and 39.00 feet West of the West
line of the East Half of said Section 15 a distance of 2605.74 feet to a point on the South
line of the Northwest Quarter of said Section 15; thence along said line, North 89036'02"
East, 39.01 feet to the Point of Beginning.
The above described tract of land contains 2.333 acres more or less and is subject to all
easements and rights -of -way now on record or existing.
June 12, 2000
ue-zone.doc
Jan
DESCRIPTION: LMN ZONE PORTION
A tract of land located in the West Half of Section 15 and South Half of Section 10 all in
Township 6 North, Range 69 West of the 6`h Principal Meridian, County of Larimer, State
of Colorado, being more particularly described as follows:
Considering the East line of the Northwest Quarter of said Section 15 as bearing South
00°03'24" West.and with all bearings contained herein relative thereto:
BEGINNING at the North Quarter corner of said Section 15; thence along the East line of
said Northwest Quarter, South 00°03'24" West, 2634.98 feet to a point on the South line
of the Northwest Quarter of said Section 15; thence along said South line, South
89°36'02" West, 39.01 feet; thence, North 00003'24" East along a line parallel with and
39.00 feet West of the West line of the East Half of said Section 15 a distance of 1317.45
to a point on the South line of the North Half of the Northwest Quarter of said Section 15;
thence, South 89°32' 10" West along said South line a distance of 5.20 feet; thence,
departing said South line, North 00°34'58" East a distance of 1347.62 feet to a point on
the Northerly line of Trilby Road; thence along said Northerly line North 89'28' 18" East,
2720.92 feet; thence departing said line, South 00°00'07" East, 30.00 feet to the
Northeast corner of said Section 15; thence, along the North line of the Northeast Quarter
of said Section 15, South 89'28' 18" West, 2689.12 feet to the Point of Beginning.
The above described tract of land contains 4.208 acres more or less and is subject to all
easements and rights -of -way now on record or existing..
871-002
LMN-ZONE.doc
June 19, 2000
jas
DESCRIPTION: AREA TO ANNEXED
A tract of land located in the West Half of Section 15 and South Half of Section 10 all in
Township 6 North, Range 69 West of the 6" Principal Meridian, County of Larimer,
State of Colorado, being more particularly described as follows:
Considering the East line of the Northwest Quarter of said Section 15 as bearing South
00°03'24" West and with all bearings contained herein relative thereto:
BEGINNING at the North Quarter comer of said Section 15; thence along the East line - of said Northwest Quarter, South 00°03'24" West, 5240.38 feet to the South Quarter
comer of said Section 15; thence along the South line of the Southwest Quarter of said
Section 15, South 89°05'51" West, 39.01 feet; thence North 00°03'24" East along a line
parallel with and 39.00 feet West of the West line of the East Half of said Section 15 a
distance of 3923.19 feet to a point on the South line of the North Half of the Northwest
Quarter of said Section 15; thence, South 89°32' 10" West along said South line of the
North Half of the Northwest Quarter of said Section 15 a distance of 5.20 feet; thence,
North 00°34'58" East, 1287.61 feet to a point on the Southerly line of Trilby Road;
thence, North 0094'58" East, 60.01 feet to a point on the Northerly line of said Trilby
Road; thence, along said Northerly line, North 89'28' 18" East, 2720.92 feet; thence
South 00°00'07" East, 30.00 feet to the Northeast comer of said Section 15; thence,
South 89'28' 18' West, along the North line of the Northeast Quarter of said Section 15,
2689.12 feet to the Point of Beginning.
The above described tract of land contains 6.541 acres more or less and is subject to all
rights -of -way now on record or existing.
871-002
anex. doc
March 15, 2000
jan
EXHIBIT "D"
ATTORNEY CERTIFICATION
I, Arthur E. March, Jr., 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 Dalco Land, L.L.C., as a signer of this Annexation Petition for the area referred
to as the Trilby Heights Sixth Annexation to the City of Fort Collins, is an owner of real property
in the area proposed for annexation. Furthermore, I certify that said owner constitutes more than
fifty percent (50%) of the landowners in the area proposed for annexation, as said area is described
on Exhibit "A" of said Annexation Petition, and own more, than fifty percent (50%) of the land in
said area, exclusive of streets and alleys. .
�Ilgloo
Date
F:\WPC\LAL\DALCO\Annezatian\E hibi t D 4119/00
i
Signature Attorney Reg. No.
EXHIBIT "C-2"
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The undersigned, being first duly sworn upon his oath, states:
That (s)he was the circulator of the attached Petition for Annexation and that the signature
of John Fischbach, City Manager of the City of Fort Collins, Colorado, is the signature of the person
whose name it purports to be.
Circulator
Subscribed and swornto before me this / 9':lday of G�h,C 2000, by W • reLcz./
�c K,zl CL n
WITNESS my hand and official seal.
Commission Expiration Notary Public
F:\WPC\LLL\DALCO\A...ationlEshibit C-2 4/5/00
.D
EXHIBIT "C-1
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The undersigned, being first duly sworn upon his oath, states:
That (s)he was the circulator of the attached Petition for Annexation and that the signature
of Ed Zebrowski, Manager. of Dalco Land, L.L.C., is the signature of the person whose name it
purports to be.
Subscribed and sworn to before me this%t day of 12000, by /
WITNESS my hand and official seal. .
Expiration
F:\WPC\LAL\DALCO\Annexation\ExhibitC-1 4/5/00
SA
��'•NO T,q ••;�0� Notary Public
can
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o
OOLOFP
EXHIBIT
Q-P
THE SEAR -BROWN GROUP
FULL -SERVICE DESIGN PROFESSIONALS
209 SOUTH MELDRUM
FORT COLLINS, COLORADO 80521-2603
970-482-5922 FAX:970-482-6368
DESCRIPTION: CITY
A tract of land located in the West Half of Section 15, Township 6 North, Range 69 West
of the 6" Principal Meridian, County of Larimer, State of Colorado, being more
particularly described as follows:
Considering the East line of the Northwest Quarter of said Section 15 as bearing South
00003'24" West and with all bearings contained herein relative thereto:
Commencing at the North Quarter corner of said Section 15; thence along the East line of
sai6Northwest Quarter, South 00°03'24" East, 4312.83 feet to the POINT OF
BEGINNING; thence continuing along said East line, South 00°03'24" West, 927.54 feet,
to a point being the South Quarter comer of said Section 15; thence along the South line
of the Southwest Quarter of said Section 15, South 89°05'51" West, 39.01 feet; thence,
North 00°03'24" East along a line parallel with and 39.00 feet West of the West line of
the East Half of said Section 15 a distance of 911.38 feet; thence, North 66°44'01" East,
42.48 feet to the Point of Beginning.
The above described tract of land contains 0.823 acres more or less and is subject to all
easements and rights -of -way now on record or existing.
March 15, 2000
City.doc
jaa
NEW YORK•PENNSYLVAN]A
COLORADO•UTAH•WYOMING
STANDARDS IN EXCELLENCE
EOUA\L OPPORTUNITY EiN1PL01'ER
EXHIBIT
THE SEAR -BROWN GROUP
FULL -SERVICE DESIGN PROFESSIONALS
209 SOUTH MELDRUM
FORT COLLINS, COLORADO 8052I-2603
970-482-5922 FAX:970-482-6368
DESCRIPTION: DALCO
A tract of land located in the West Half of Section 15, Township 6 North, Range 69 West
of the 6`' Principal Meridian, County of Larimer, State of Colorado, being more
particularly described as follows:
Considering the East line of the Northwest Quarter of said Section 15 as bearing South
00°03'24" West and with all bearings contained herein relative thereto:
Commencing at the North Quarter corner of said Northwest Quarter; thence along the
East line of said Northwest Quarter, South 00°03'24" East, 30.00 feet to the POINT OF
BEGINNING; thence continuing along said East line, South 00°03'24" West, 4282.83
feet; thence, South 66*44701" West 42.48 feet; thence North 00°03'24" East along a line
parallel with and 39.00 feet West of the west line of the East Half of said Section 15 a
distance of 3011.81 feet to a point on the South line of the North Half of the Northwest
Quarter of said Section 15; thence, South 89°32' 10" West along said South line of the
North Half of the Northwest Quarter of said Section 15 a distance of 5.20 feet; thence,
North 00°34'58" East, 1287.61 feet to a point on the Southerly line of Trilby Road;
thence along said Southerly line, North 89'28' 18" East, 32.38, to the Point of Beginning.
The above described tract of land contains 3.821 acres more or less and is subject to all
easements and rights -of -way now on record or existing.
871-002
delco.doc
March 15, 2000
jaa
NEW YORK•PENNSYLVANIA
COLORADO•UTAH•WYOMING
STANDARDS IN EXCELLENCE
EOUAL OPPORTUNITY EMPLOYER
,EXHIBIT
A-
THE SEAR —BROWN GROUP
FULL -SERVICE DESIGN PROFESSIONALS
209 SOUTH MELDRUM
FORT COLLINS, COLORADO 80521-2603
970-482-5922 FAX:970-482-6368
DESCRIPTION: AREA TO ANNEXED
A tract of land located in the West Half of Section 15 and South Half of Section 10 all in
Township 6 North, Range 69 West of the 6' Principal Meridian, County of Larimer, State
of Colorado, being more particularly described as follows:
Considering the East line of the Northwest Quarter of said Section 15 as bearing South
00°03'24" West and with all bearings contained herein relative thereto:
BEGINNING at the North Quarter comer of said Section 15; thence along the East line of
said Northwest Quarter, South 00°03'24" West, 5240.38 feet to the South Quarter comer
of said Section 15; thence along the South line of the Southwest Quarter of said Section
15, South 89°05'51" West, 39.01 feet; thence North 00°03'24" East along a line parallel
with and 39.00 feet West of the West line of the East Half of said Section 15 a distance of
3923.19 feet to a point on the South line of the North Half of the Northwest Quarter of
said Section 15; thence, South 89°32' 10" West along said South line of the North Half of
the Northwest Quarter of said Section 15 a distance of 5.20 feet; thence, North 00°34'58"
East, 1287.61 feet to a point on the Southerly line of Trilby Road; thence, North
00°34'58" East, 60.01 feet to a point on the Northerly line of said Trilby Road; thence,
along said Northerly, line, North 89°28' 18" East, 2720.92 feet; thence South 00°00'07"
East, 30.00 feet to the Northeast comer of said Section 15; thence, South 89'28' 18' West,
along the North line of the Northeast Quarter of said Section 15, 2689.12 feet to the Point
of Beginning.
The above described tract of land contains 6.541 acres more or less and is subject to all
right,;;of way now on record or existing.
871-002
anex.doc
March 15, 2000
jaa
NEW YORK • PENNSYLVANIA
COLORADO•UTAH•WYOMING
STANDARDS IN EXCELLENCE
EQUAL oPPofrrUNrrY EMPLO1 ER
Individual Petitioners signing this Petition represent that they own the portion(s) of the area
described on Exhibit "A" as more particularly described below:
"See Legal Descriptions of individual parcels on
Exhibit `B-V and Exhibit `13-2'."
IN WITNESS WHEREOF, I have executed this Petition for Annexation this I /Aday of
2000.
PETITIONER/OWNER:
DALCO Land Limited Liability Company, a
Colorado limited liability company, .
By: US Home ra n, a Delaware
do , M er
By: cor
Ed Zebrows ' ice President
Mountain opi6rations Land Division
6000 Greenwood Plaza Blvd.. Ste.' 00
Address
Enelewood. CO 80111
City State Zip
IN WITNESS WHEREOF, I have executed this Petition for Annexation this � day of
2000.
PETITIONER/OWNER: THE CITY OF FORT COLLINS, a
municipal corporation
By:
John F schbach, City Manager
300 Laporte Avenue
Address
Fort Collins, CO 80524
City State Zip
PETITION FOR ANNEXATION
THE UNDERSIGNED, Dalco Land, L.L.C., a Colorado limited liability company ("Dalco"),
and The City of Fort Collins, Colorado, a municipal corporation ("City"), hereinafter referred to
collectively 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 Trilby Heights Sixth Annexation to the City of
Fort Collins. Said area, consisting of a total of approximately 6.541 acres, is more particularly
described on Exhibit "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.
J. 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.
WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve
the annexation of the areas described onExhibit "A". Furthermore, the Petitioners request that
approximately 5.718 acres of said area be placed in the Low Density Mixed -Use Neighborhood (L-
M-N) Zone District, and that approximately .823 acres of said area be placed in the Urban Estate (U-
E) Zone District, pursuant to the Land Use Code of the City of Fort Collins.
Commt :y Planning and Environmental rvices
Current Planning
City of Fort Collins
July 10, 2000
Larimer County Board of Commissioners
315 West Oak Street
Fort Collins, CO. 80521
RE: Trilby Heights Sixth Annexation and Zoning
Commissioners:
The City of Fort Collins is currently reviewing an annexation and zoning request known as the
Trilby Heights Sixth Annexation and Zoning. This is a 6.541 acre tract that includes a portion of
the north % of the Trilby Road right-of-way (west of South Shields Street) and a 32' to 39' wide
strip of land that is contiguous to but outside of the City of Fort Collins Urban Growth Area
boundary. The strip of land runs north — south along the west side of the Registry Ridge PUD,
First and Third Filings, both residential developments in the City.
The Trilby Heights Sixth Annexation and Zoning request is being processed in accordance with
the City's annexation regulations and Sections 1.7 and 2. 10(D) of the Intergovernmental
Agreement for the Fort Collins Urban Growth Area.
The scheduled hearing dates for the Trilby Heights Sixth Annexation and Zoning request are as
follows:
• July 20, 2000 ........... Planning and Zoning Board for a recommendation to City
Council
• August 15, 2000 ....... City Council for First Reading
• September 5, 2000 :.... City Council for Second Reading
The Petition for Annexation, annexation plat, appropriate legal descriptions, and other supporting
documentation are enclosed with this letter. Please respond to me in writing by August 2, 2000,
should you have any questions or concerns. Also, you may contact me by telephone at 221-6141,
or my e-mail address is soltPci.fort-collins.co.us.
2S' rel ,
S eph n Olt
City Planner
cc: David Stringer, "Interim" Current, Planning Director
March & Liley
281 North College Avenue • P.O. 6os 580 • Fort Collins, CO 80522-0580 • (970) 22"1-6750 • FAX (970) 416-2020