HomeMy WebLinkAboutWILLOW BROOK ANNEXATION & ZONING NO. 1 - 8-99 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSATTACHMENT "C"
ATTORNEY CERTIFICATION
I, Robert A. Kirkhope, 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 Willow Brook Annexation to the City of Fort Collins are owners of
the 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.
D A Signature Attorney Reg. No.
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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.
Circulator
Subscribed and sworn before me this I �, day of May, 1999 by Thomas Iskiyan.
WITNESS my hand and official seal.
JEFF
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Commission Expiration
ATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado, to -wit:
A PARCEL OF LAND SITUATE IN THE SOUTi-MAST QUARTER OF SECTION 4
TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.3,1.; COUNTY OF
LARLNMR, STATE OF COLORADO; BELNG MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
CO'vDvT-NCNG AT THE SOUTH QUARTER CORNIER OF SAM SECTION 4, T6N,
R68W; A\'D CONSIDERII G THE WEST LNE OF THE SOUTHEAST QUARTER
TO BEAR NT03°20'00"W, WITHALL OTHER BEARINGS RELATIVE THERETO-,
THENCE ALONG SAID WEST LE\E OF THE SOUTHEAST QUARTER
N03020'00"W, 624.63 FEET TO THE POINT OF BEG11�NTi iG.
THENCE CON'I'N(I IG ALONG SAM WEST LINE OF THE SOUTHEAST
QUARTER\OY20'00"W, 672.68 FEET;
THE\TCE ALONiG THE NORTH LLNE OF -r-M SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER N39047'37"E, 1324.46 FEET;
THENCE ALONG THE WEST LL\IE OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER N03028'30"W, 1302.30 FEET;
THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER
N89'35'15"E, 660.39 FEET;
THENCE S03033'16"E, 2639.67 FEET;
THE\TCE ALONG THE SOUTH RIGHT-OF-WAY LNE OF COUi -TY ROAD 36,
N90000'00"W, 1643.11 FEET;
THENCE Ni03020'00"W, 654.73 FEET;
THENCE N90000'00"W, 349.25 FEET TO THE. POI`'T OF BEGEKNING.
SAID DESCRIBI D PARCEL COIN i AfNZS 75.22 ACRES MORE OR LESS ANTJ IS
SUBJECT TO ANY CONDITIONS, RIGHTS -OF -WAY OR BASE.NIENTS OF
RECORD OR THAT AS NOW EXIST ON THE GROUND.
inclusion, any right which may exist to a refund pursuant to Article X, Section 20 of the
Colorado Constitution.
WHEREFORE, said Petitioner requests that the Council of the City of Fort Collins
approve the annexation of the area described on Attachment "A". Furthermore, the
Petitioner requests that said area be placed in the LMN Zone District pursuant to the Land
Use Code of the City of Fort Collins. The foregoing notwithstanding, Petitioner hereby
reserves the right to withdraw this Petition For Annexation at any time prior to the second
reading of the Petition before the Council of the City of Fort Collins.
By executing this Petition, Petitioner represents that it is the owner of the area more
particularly described below, which area is a part of the area described on Attachment "A":
Part of the SEI/a of Section 4, Township 6 North, Range 68 West, of the Sixth
P.M., Larimer County , Colorado, which, considering the South line of said
Southeast 1/ as bearing East and West, and with all bearings contained herein
relative thereto; is contained within the boundary lines which begin at a point on
the west line of said Southeast '/a which bears N 03 ° 20' W 624.68 feet from the
South '/a comer of said Section 4, and runs thence N 03' 20' W 672.68 feet along
said west line; thence along the South line of the Northwest'/ of said Southeast
'/a, N 890 47' 37" E 1324.46 feet to the southeast comer of said Northwest '/a;
thence N 03° 28' 30" W 1302.30 feet to the northeast comer of said Northwest
'/a; thence N 89° 35' 15" E 660.39 feet along the north line of said Southeast V4;
thence S 03* 33' 16" E 2569.77 feet to a point on the north right of way line of
County Road No. 36; thence along said north right of way line, West 1642.86
feet; thence N 03" 20' W 584.68 feet; thence West 349.25 feet to the point of
beginning.
IN WITNESS WHEREOF, the undersigned has executed this Petition For Annexation
this //7"h day of May, 1999.
PETITIONER
ELECTRIC EQUIPMENT & ENGINEERING CO.
EMPLOYEE PROFIT SHARING TRUST
Thomas J. Morrodi,
Trustee
Address: P.O. Box 16383
Denver, CO 80216
2
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 Willow Brook Subdivision, to the City of Fort Collins. Said area,
consisting of approximately seventy-five (75) acres, is more particularly described on
Attachment "A" attached hereto and incorporated herein.
The Petitioner alleges:
1. That 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 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 any public streets, alley 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 ordinances
of the City of Fort Collins.
Further, as an express condition of annexation, Petitioner consents 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.. Petitioner acknowledges 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' land. Petitioner agrees
to waive any right to an election which may exist pursuant to Article X, Section 20 of the
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VICINITY MAP 06114199
#5-99 & #8-99A Willow Brook
Annexation & Zoning
No. I and No. 2
I'/= 1000'
Willow Brook No. 1 Annexation & Zoning, # 8-99
July 1, 1999 P & Z Meeting
Page 3
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. On July 6, 1999, the City Council will consider a resolution determining that the
proposed annexation process for this property by the established date, time, and
place when a public hearing will be held regarding the readings of the Ordinances
annexing and zoning the area. Public hearing and first reading of the Ordinances
annexing and zoning the property will be considered by the City Council on August
17, 1999.
4. The requested LMN — Low Density Mixed Use Neighborhood Zoning District is in
conformance with the policies of the City's Comprehensive Plan, the City's Structure
Plan and the Fossil Creek Reservoir Area Plan.
5. The property is located within and will be subject to the Fossil Creek Reservoir Area
Plan.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Board forward a recommendation to the
City Council to approve the Willow Brook Annexation No. 1 with a zoning of LMN — Low
Density Mixed Use Neighborhood Zoning District.
Staff is recommending that this property by included in the Residential Neighborhood Sign
District. A map amendment will be necessary to place this property on the Residential
Neighborhood Sign District Map.
Willow Brook No. 1 Annexation & Zoning, # 8-99
July 1, 1999 P & Z Meeting
Page 2
with this standard since the property has 898.02 feet of its total boundary of approximately
5,245.10 feet contiguous to City limits. This meets the minimum 874.18 feet required to
achieve 1/6 contiguity. This contiguity will occur through a common boundary with the
Johnson -Harmony Annexation (effective July 30,1999) to the north. Further, the
annexation is consistent with the Fossil Creek Reservoir Plan, which requires certain
property to be annexed prior to development.
The surrounding zoning and land uses as follows:
N: FA-1 Farming District in Larimer County — agricultural
(effective July 30, 1999, HC — Harmony Corridor District)
S: FA-1 Farming District in Larimer County — agricultural
E: FA-1 Farming District — existing large acreage residential
W: FA-1 Farming District in Larimer County — agricultural
2. Zoning and Analvsis:
The property is currently zoned FA-1 Farming District in Larimer County. The requested
zoning for this annexation is the LMN - Low Density Mixed Use Neighborhood District.
There are numerous uses permitted in this District, subject to administrative review or
review by the Planning and Zoning Board. The City's adopted Structure Plan, a part of the
Comprehensive Plan, suggests that a Low Density Mixed Use Neighborhood is
appropriate for this location. The Fossil Creek Reservoir Area Plan designates this
property as LMN — Low -Density Mixed Use Neighborhood District.
Staff is recommending that this property be included in the Residential Neighborhood Sign
District, which was established for the purpose of regulating signs for non-residential uses
in certain geographical areas of the City which may be particularly affected by such signs
because of their predominantly residential use and character. A map amendment is
necessary to place this property on the Residential Neighborhood Sign District Map.
3. City Council Hearings:
City Council hearings on this proposed annexation and zoning will be held on the following
dates:
Initiating Resolution. July 6, 1999
First Reading August 17, 1999
Second Reading September 7, 1999
ITEM NO. 3
MEETING DATE7/1/99
STAFF Ron Fuchs
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Willow Brook Annexation & Zoning No. 1, #8-99
APPLICANT: Tom Iskiyan-Chateau Development Co. — 8101 East Prentice Avenue,
Suite 815, Greenwood Village, CO 80111
OWNERS: Thomas Morroni-H.H. Investment Company — P.O. Box 16383,
Denver, CO 80216
PROJECT DESCRIPTION: Annexation and zoning of approximately 39.41 acres of
privately owned property located east of County Road 7 and north of County Road 36.
The recommended zoning is the LMN — Low -Density Mixed Use Neighborhood and is
located within the Fossil Creek Reservoir Area Plan.
RECOMMENDATION: Staff recommends approval of the annexation and recommends
that the property be placed in the LMN — Low Density Mixed Use Neighborhood Zoning
District.
EXECUTIVE SUMMARY: This is an annexation and zoning of approximately 39.41 acres
in size, located east of County Road 7 and north of County Road 36. The property is
undeveloped and is in the FA-1 Farming District in Larimer County. The Structure Plan
and the Fossil Creek Reservoir Area Plan designation of the subject property is LMN —
Low -Density Mixed Use Neighborhood and the recommended zoning is the LMN — Low -
Density Mixed Use Neighborhood. This is a 100% voluntary annexation.
COMMENTS:
1. Background:
The Willow Brook Annexation 8-99 is approximately 39.41 acres in size, located east of
County Road 7 and north of County Road 36. The property is located within the Fort
Collins Urban Growth Area (UGA). According to policies and agreements between the
City of Fort Collins and Lanmer 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 city limits (subject to Second Reading on July 20, 1999, of
Johnson -Harmony Annexation 4-99). The Willow Brook Annexation and Zoning complies
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT