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Home My WebLink AboutKEATING NO. 2 - ANNEXATION & ZONING - 62-98A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSATTACHMENT "C" ATTORNEY CERTIFICATION I, AC4AL 2F. 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 the signers of this Annexation Petition for the area referred to as the Keating No. 1 Annexation 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 des =i),Cof A hment "A" of said Annexation Petition, and own more than 50% of the land in said ar streets and alleys. Date Signature rn y Reg. No. Ty'/ ATTACHMENT "B" STATE OF COLORADO ) )ss. COUNTY OF LARRvIER ) 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. Subscribed d sworn to before me this day of 1998) by _ WITNESS my hand and official seal. /a'/7-Oa Commission Expiration Notary Public ATTACHMENT "A' LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to -wit: A PORTION OF LAND LOCATED /N Tvr SOUTHEAST OUAR7FR OF SEC770N 7 TOWNSHIP 6 NORTH, RANGE 68 WEST OF 7HE 67H P.M., LARIMER COUNTY, COLORADO BEING DESCR/BED AS FOLLOWS. COMMENCING AT 7HE SOUTHEAST CORNER OF S£C770N 7, TOWNSHIP 6 NORTH, RANCE 68 W£ST,• 7WIVCE NORTH ALONG 77.yE EAST 5EC770N LINE OF SEC7701V 7 NORTH 000000" WEST 1379.E FEET TO THE POINT OF BEGINNING. THENCE NORTH 90'00 00" WEST, 2538.16 FEET,• THENCE NORTH 677828" EAST, 1658.15 FEET (HENCE NORTH 90'0000" EAST, 1007.96 FEET TO A POINT ON THE EAST LINE OF SEC770N 7; THENCE CON771VUING NORTH 9000100" EAST MOO FEET TO A POINT ON 7HE EAST RIGHT-OF-WAY LINE OF 77M8ERUNE ROAD,7HENCE SOUTH 00270 00" WEST, 639.70 FEET ALONG SAID EAS7ERL Y R.O. W. OF 77MBERLINE ROAD; THENCE NORTH 90i7000" WEST 30.00 FEET TD THE POINT OF BEGINNING. ABOVE DESCRIBED LAND CONTAINING 26.48 ACRES, MORE OR LESS 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'." INWITNESS WHEREOF, we have executed this Petition for Annexation this /711� day of December, 1998. Petitioner's/Owner's Signature Terry J. Keating 3219 Nelson Lane Fort Collins, CO 80525 _ Roger 14oskeoy T6iryl Keatin#s Attorney in Fact J.J. Hendricks y T Y. Keating Attorney in Fact 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 Keating Annexation No. 2 to the City of Fort Collins. Said area, consisting of approximately 26.48 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 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. U KEATING ANNEXATION NO. 2 TO THE CITY OF FORT COLLINS A P RTIOM OF LAAV LOCA 7ED IN YHE, SOY/7wwr &oagRTER OF SEcpav r rogwsAw s MORrN J,UlIbSfrE e8 14JEST OF rw M P/A4 C°&6 rY aF LARi9lfEA STATE OF COLORADO 51 M,rl�w i4 t� aY.f � be IPa� Y /War ^• I,YM IYtl Y Or Y .aNnp ✓ F 4+Nn YA I Rav 4 erYa I rP., eY Y e. w•Y or W Ir e11 ..fa Y�r / P r�� M rT W/T O II IAI I /+s Ywyw.vaw .m wYNr en �s.f. .ur-e.w_f rur wrrar wrae i+ if.�/i1i! 10 r M w a�:i w ®... YNr rrmrY,4 M1i1� M..Ip� A A.o•. afts s www. rYn//OMq�-tlwaPNY1N 1.w vMeN tlW dal ! rwfM Ir _fll /' W� �YrW/ M .smi. ail w sY/�wia l�%rww n7*WY C4Xt Y A .ea Wrca LA"V PAG7M A4 R1(.Ilt1l AA9VM?JtW A ..4-.E //Y...wwIwr. a�v e..w aniYn I 1 ._.1 f.I41IIism 1 11 L I�YwYnM RVO � Yet..�r \ — 1 VICINITY MAP #62-98A Keating No. 2 Annexation & Zoning 12/30/98 1"=1000' No Text Keating No. 2 Annexation & Zoning, #62-98A February 18, 1999 P & Z Meeting Page 3 3. City Council Hearings: City Council hearings on this proposed annexation and zoning will be held on the following dates: Initiating Resolution March 16, 1999 First Reading April 20, 1999 Second Reading May 4, 1999 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 March 16, 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 April 20, 1999. 4. The requested LMN — Low Density Mixed Use Neighborhood Zoning District is in conformance with the policies of the City's Comprehensive Plan, and is consistent with the City's Structure 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 Keating 1 Annexation 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. Keating No. 2 Annexation & Zoning, #62-98A February 18, 1999 P & Z Meeting Page 2 COMMENTS: 1. Background: The Keating Annexation #62-98A is approximately 26.43 acres in size, located north of Trilby Road and west of Timberline Road. The property is located within the Fort Collins Urban Growth Area (UGA). According to policies and agreements between the City of Fort Collins and Larimer 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 the existing city limits. The Keating Annexation 2 and Zoning complies with this standard since the property has 1,658.15 feet of its total boundary of approximately 5,903.97 feet contiguous to the existing City limits. This exceeds the minimum 984.00 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with Keating Annexation 1, which achieved its contiguity through the Union Pacific South Fourth Annexation (May 1988) to the west. 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 - existing large acreage residential S: FA-1 Farming District in Larimer County - existing large acreage residential E: FA-1 Farming District - existing agricultural W: RL Low Density Residential in the City of Fort Collins - single family residential (Paragon 1 and 2) 2. Zoning and Analysis: 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 Residential Neighborhood is appropriate for this location. 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 would be necessary to place this property on the Residential Neighborhood Sign District Map. STAFF REPORT PROJECT: Keating No. 2 Annexation and Zoning, #62-98A APPLICANT: VF Ripley Associates — 1113 Stoney Hill Drive, Fort Collins, CO 80524 OWNERS: Terry J. Keating — 3219 Nelson Lane, Fort Collins, CO 80525 Erleen K. Keating — 3219 Nelson Lane, Fort Collins, CO 80525 Roger Nosker — 7603 Wakerobin, Parma, OH 44130 Shirley Nosker — 7603 Wakerobin, Parma, OH 44130 J.J. Hendricks — 1149 West County Road 82E, Livermore, CO 80536 PROJECT DESCRIPTION: Annexation and zoning of approximately 26.43 acres of. privately owned property located north of Trilby Road and west of Timberline Road. 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 26.43 acres, located north of Trilby Road and west of Timberline Road. The property is undeveloped and is in the FA-1 Farming District in Larimer County. The recommended zoning is the LMN — Low -Density Mixed Use Neighborhood. This is a 100% voluntary annexation. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT