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Home My WebLink AboutWILLOW BROOK ANNEXATION & ZONING NO. 3 - 8-99B1 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSATTACHMENT "C" ATTORNEY CERTIFICATION I, (A) , P14C-UL- a C KmAQ , 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 qnd alleys. Date Signature Attorney Reg: No. 5 ATTACHMENT `B" STATE OF COLORADO ) )ss. COUNTY OF LARIIvIER ) 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 n whose name it purports to be. N Circulator Subscribed nd sworn to before me this c: bt day of 2003, by �-yO -) rl4lefc'j�) WITNESS my hand and official seal. up �'t' �C"4 Commission Expiration Notary Public C. Dp< �140TARY PUBLIC My Commission Expires 12.18-2004 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 882 27' 31" EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4; THENCE, N 012 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 019 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. k3 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 Larimer, 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 B Muni cjpal Corporation John F. Fischbach, City Manager City of Fort Collins, Colorado P O Box 580 Fort Collins, CO 80522-0580 2 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 WEBSTER FARM ANNEXATION FESURARY 19, 2002 WILLOW BROOK ANNEXATION NO.3 41M IOb8• WILLOW BROOK ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS, COLORADO A TRACT OF LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 66 HEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO WILLOW BROOK ANNEXATION NO.2 SEPTEMBER T, IBBB s ININ coa ' KoChte, Road euuYHww a� A — — _BEc— _ — — _ FOSSIL LAKE ANNEXATION NO. I MARCH 5, 3005 STALEYANNEXATION MAY 1, 2001 CITY OF FORT COLLINS, COLORADO ENGINEERING DTVIEION CRRIdtYO IIM —B1117.76' VAN CaREEURr�LAAY 0IT11YR OINK/ TE DESCRIPTION: RWT Y MEET MIN[ SEEM FYKP IYYMX. RWIRifIC110M TOXMM J MMN. WMADRI WMpIRM M WIN IN M M WM/Jf DIIARIY M MY ML'Ib . Y YMY WIa f TI JI' WI V11111 NL fYY11m1 IYAl1Y[ 1XRR10� taRYOO AT M[ =M WYIP COMM M YY RiC110M 4 11YIM. M 01' li N' M dRDJ M N0110 M VYI YI[ M YC WMIn W4rtM N 1 IpIYT M Al1�DINM taM RAIIRRV JYrtO-Mr M IIQMIY tl10 YO DidfL „�YT M mllYy IY MYII' lY N' or MC Wt YAY IQT iM M VYI YR JYIP M UIIORT aIK M M R IYa YM =M roM m M IMI WIIW MQ. A Y' IT 11'< IY.Y FEET Ap M tlTYR. W[ M M nl1A' JROOY. 1WOYIOM W. 9 M M CITY M IM W W TY6 J w Y A[ C4Y FEEf YYV M t ME IJt T YO 'IYA JYD[ NYOATRN N0. l ro A FpNI M N31- - " NMM TG MAw A FIMIp-'YY M YO YOREE R>•A TRRi. M f Tl JI' t iY.Y FEET q Np YpY Yp MMRRY SII�I-YlY Il(, YY pY M RfRMOLT tlR M M TY1T AMOAIRRI ro M OIY M FOrt mlYlf, lY A NNT M MIOfC1RM 111M M NOT ME M M flalFfYT ITAJ M YO YLTOM .ILO (� IA MINE MfIOW OONJ111M0 L7•Y .FOLD WY Y 1111 APPROVE'II, TIES P T m i XW%M AE Tli Ni I M t A pdCX RI N¢ ] m TIE CRY S FIRT C MEE, CONY W CHIMER, STATE R COJ)RADO DY Of➢IIIANCE NEE PASSED MD ADDPTED IN FDMC W&I)MG AT A PEIAILAR IEETD6 M' T,E CRY C 11- A FOTT Cn lxc LTILMADR MELD m THE_>uY of RmD. 6""NO DIET IMIF MT ➢Mt MDT N A F L f1bMTXM vY mAMJ F4 [XQTR6 KA �'EE AMD � mlnx� GRAPHIC SCALE - WILLOW BROOK ANNEXATION NO. 3 I M PROPOSED (Webster Site) � FA# SITE ME IS; I pp WEBSTER COMMUNITY Part r Iowa ag��[UE f 7'MEE Q",HTPR Rr) _-LMN X U—i rALEYPA KZACHELEM NTARY ..J Willow Brook Annexation No. 3 1/28/03 N 1 inch : 1000 feet Willowbrook Third Annexation & Zoning, File # 8-99B April 17,2003 Planning and Zoning Board Meeting Page 3 Initiating Resolution April 1, 2003 First Reading May 6, 2003 Second Reading May 20, 2003 FINDINGS OF FACT/CONCLUSION: 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. The requested zoning of Low Density Mixed Use Residential (LMN) is warranted by the designation on the City of Fort Collins Structure Plan. RECOMMENDATION: Staff recommends that the Planning and Zoning Board forward a recommendation to the City Council to approve the Willow Brook Third Annexation with a zoning designation of Low density Mixed Use Residential Zone District (LMN). Willowbrook Third Annexation & Zoning, File # 8-99B April 17,2003 Planning and Zoning Board Meeting Page 2 2. The area meets all criteria included in Colorado Revised Statutes to qualify for a voluntary annexation to the City of Fort Collins. 3. The requested zoning of Low Density Mixed -Use Neighborhood (LMN) is in conformance with the policies of City Plan and is consistent with the Structure Plan. FINDINGS and ANALYSIS: 1. Background: The property is located within the Fort Collins Growth Management Area (GMA). According to policies and agreements between the City of Fort Collins and Larimer County, contained in the Intergovernmental Agreement For The Fort Collins Growth Management Area, the City has agreed to pursue annexation of property within the GMA which is eligible for voluntary annexation according to Colorado Revised Statutes (CRS). The CRS requires 1/6 of the property to be contiguous with the existing City limits. As proposed, the entire 1,888 feet of the property boundary is contiguous to the existing City limits. While the property is an enclave, it is not eligible to be annexed as an enclave since the adjacent annexations creating the conteguity have been annexed in the City for less than three years. The surrounding zoning and land uses are as follows: N: LMN — Single Family Residential S: LMN — Zach Elementary School E: LMN — Single Family Residential W: LMN — Undeveloped 2. Zoning and Analysis: The property is currently zoned Farming (FA1) District in Larimer County. The City's adopted Structure Plan, a part of City Plan, designates the site as Low Density, Mixed -Use Residential. Future development of the property will likely develop as multi -family residential. Residential is permitted within the LMN zone district as an administrative review, with a density range of 5 to 8 units/acre. Qualified affordable housing projects within the LMN zone district may develop at a density of up to 12 units/acre. 3. City Council Hearings: City Council hearings on this proposed annexation and zoning will be held on the following dates: ITEM NO. .1 MEETING DATE 4 17 0 STAFF City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Willow Brook Third Annexation & Zoning, [Type II Planning and Zoning Board Review] File #8-99B APPLICANT: City of Fort Collins C/o Maurice Head 281 North College Avenue Fort Collins, CO 80524 OWNERS: City of Fort Collins C/o Maurice Head 281 North College Avenue Fort Collins, CO 80524 PROJECT DESCRIPTION: The Willow Brook Third Annexation is a request to annex and zone 4.76 acres of land located north of Kechter Road and west of Jupiter Drive, immediately west of the Observatory Village development. The site contains an existing single family residence. The land has been purchased by the City of Fort Collins as part of the Affordable Housing Land Bank program. The City will hold this property until such time it is determined appropriate to develop. The property will be sold at cost to a private developer who agrees to develop the site as an affordable housing project, passing the savings from the reduced land cost to the buyer or renters. The parcel is currently zoned FA1 - Farming in Larimer County. The proposed zoning is LMN — Low Density Mixed -Use Neighborhood. This zoning classification is consistent with the City of Fort Collins Structure Plan designation for this property. RECOMMENDATION: Staff recommends approval of the annexation and recommends that the property be zoned LMN — Low Density Mixed -Use Neighborhood. EXECUTIVE SUMMARY: 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. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 22I-6750 PLANNING DEPARTMENT