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HomeMy WebLinkAboutWILLOW BROOK ANNEXATION & ZONING NO. 3 - 8-99B1 - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONI Annexation of Land Bank properties One of the main issues for affordable housing production is the diminishing supply of vacant land available to prospective developers. Anecdotal information from local affordable housing developers indicates that it is becoming increasingly difficult to secure sites for new affordable housing projects. The Land Bank Program was created as a pro -active solution to this problem and approved by the City Council on April 17, 2001 The purpose of program is to acquire unimproved sites that are appropriate for affordable housing and holds them long-term (5-years minimum) so that they are available when needed. Unlike many of the City's other programs, the Land Bank Program is long term -in scope and addresses the need for affordable housing beyond the immediate requirement. Ultimately, Land Bank sites will be sold at discount to non-profit or for -profit developers to build affordable housing projects. The annexation of these properties is a necessary step to make the sites ready for future development by affordable housing providers. The proposed zoning for the property is LMN — Low Density, Mixed Use Neighborhood. This zone district is consistent with the City of Fort Collins Structure Plan designation for the site. ATTACHMENT "C" ATTORNEY CERTIFICATION I, (// AAL- a C /.<m AtJ , 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 No. #3 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 nd alleys. Date Signature Attorney Reg: No. k 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 pers \whhosename it purports to be. .Circulator Subscribed nd sworn to before me this 0 v day of 2003, by , 17� rlC� t t a WITNESS my hand and official seal. Commission Expiration : Notary Public \a•C.� Op< PUBLIC, My Commission E*res 12.1 &2004 4 ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to -wit: A TRACT OF LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 AS BEARING SOUTH 889 27' 31" EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4; THENCE, N 01' 47' 31" W 30.05 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY OF KECHTER ROAD AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTINUING, N 012 47' 31" W 594.63 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, ALSO BEING THE EASTERLY LINE OF THE WEBSTER FARM ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 882 27' 31" E 349.25 FEET ALONG THE SOUTHERLY LINE OF THE WILLOW BROOK ANNEXATION NO. 2 TO THE CITY OF FORT COLLINS; THENCE S 012 47' 31" E 594.63 FEET ALONG THE WESTERLY LINE OF SAID WILLOW BROOK ANNEXATION NO. 2 TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY OF SAID KECHTER ROAD; THENCE, N 880 27' 31" W 349.25 FEET ON AND ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, ALSO BEING THE NORTHERLY LINE OF THE STALEY ANNEXATION TO THE CITY OF FORT COLLINS, TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 4.760 ACRES MORE OR LESS. 3 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 LMN — Low Density, Mixed Use Neighborhood Zone District pursuant to the Land Use Code of the City of Fort Collins. 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 Latimer, State of Colorado, to -wit: See Legal Description on Attachment A IN WITNESS WHEREOF, Uwe have executed this Petition for Annexation this 28th day of January, 2003. City of Fort Collins, Colorado A Muni cyBal Cg1poratio By: John F. Fischbach, City Manager City of Fort Collins, Colorado P O Box 580 Fort Collins, CO 80522-0580 4 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 Willow Brook Annexation No.3 to the City of Fort Collins. Said area, consisting of approximately 4.76 +/- 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 31-12-105, 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 §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