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HomeMy WebLinkAboutCOYOTE RIDGE 3RD ANNEXATION & ZONING - 43-98B - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSATTACHMENT "C" ATTORNEY CERTIFICATION I, 661 , -ph A-cL Gc�nrAk) , 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 Coyote Ridge Third 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. Furthermore, I certify that said owners constitute more that 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. p/ AiZ-az J772-7 DateSignature Attorney Reg. No. ATTACHMENT `B" STATE OF COLOR -ADO) ) SS. COUNTY OF LARIMER) The undersigned being first duly sworn upon his oath states: That (s)he was the circulator of the attached Petition tme Annexation and that each signature therein is the signature of the person whose it pL rports to be. Subscribed and sworn to before me this ,5-A- day of `,.:c, w,., , 20Z,), bY� WITNESS my hand and official seal.. /; C%mmission Expiration 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 1/4 OF SECTION 16 AND A PORTION OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6r" P.M., COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 16 AS BEARING N 000 05' 40" E WITH ALL BEARINGS HEREIN RELATWE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE EAST 1/4 CORNER OF SAID SECTION 16 THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION: THENCE, S 89' 58' 37" W 2656.34 FEET ON AND ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 16, ALSO BEING THE SOUTH LINE OF THE COYOTE RIDGE SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00° 03' 12" W 258951 FEET ON AND ALONG THE CENTER 1/4 LINE TO THE SOUTH 1/4 CORNER OF SAID SECTION 16, THENCE, S 890 10' 15" E 2654.70 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 16, THENCE, N 880 54' 06" E 30.00 FEET ON AND ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 15 TO THE EAST RIGHT-OF-WAY LINE OF SOUTH TAFT HILL ROAD; THENCE, N 000 05' 40" E 2628.69 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE SOUTH WEST 1/4 OF SAID SECTION 15; THENCE, S 890 30' 10" W 30.00 FEET ON AND ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 15, ALSO BEING THE SOUTH LINE OF SAID COYOTE RIDGE SECOND ANNEXATION TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 7,007,468,75 SQUARE FEET, 160.87 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: THE EAST 60.00 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND A TRACT OF LAND SITUATE IN THE SOUTHEAST 1/4 OF SECTION 16 AND A PORTION OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 61H P.M., COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 16 AS BEARING N 000 05' 40" E WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE EAST 1/4 CORNER OF SAID SECTION 16 THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION: THENCE, S 89' 58' 37" W 2656.34 FEET ON AND ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 16, ALSO BEING THE SOUTH LINE OF THE COYOTE RIDGE SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00° 03' 12" W 258951 FEET ON AND ALONG THE CENTER 1/4 LINE TO THE SOUTH 1/4 CORNER OF SAID SECTION 16, THENCE, S 890 10' 15" E 2654.70 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 16, THENCE, N 880 54' 06" E 30.00 FEET ON AND ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 15 TO THE EAST RIGHT-OF-WAY LINE OF SOUTH TAFT HILL ROAD; THENCE, N 000 05' 40" E 2628.69 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE SOUTH WEST 1/4 OF SAID SECTION 15; THENCE, S 890 30' 10" W 30.00 FEET ON AND ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 15, ALSO BEING THE SOUTH LINE OF SAID COYOTE RIDGE SECOND ANNEXATION TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 157,721.40 SQUARE FEET, 3.62 ACRES MORE OR LESS. IN WITNESS WHEREOF, I/we have executed this Petition for Annexation this.2-66y of 20v//. Board of Commissioners of Larimer County Cheryl d1son, Chair Larimer County, Colorado P.O. Box 1190 Fort Collins, Colorado 80522-1190 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: A TRACT OF LAND SITUATE IN THE SOUTHEAST 1/4 OF SECTION 16 AND A PORTION OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6' P.M., COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 16 AS BEARING N 000 05' 40" E WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE EAST 1/4 CORNER OF SAID SECTION 16 THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION: THENCE, S 890 58' 37" W 2656.34 FEET ON AND ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 16, ALSO BEING THE SOUTH LINE OF THE COYOTE RIDGE SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00° 03' 12" W 2589.51 FEET ON AND ALONG THE CENTER 1/4 LINE TO THE SOUTH 1/4 CORNER OF SAID SECTION 16, THENCE, S 890 10' 15" E 2654.70 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 16, THENCE, N 880 54' 06" E 30.00 FEET ON AND ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 15 TO THE EAST RIGHT-OF-WAY LINE OF SOUTH TAFT HILL ROAD; THENCE, N 00° 05' 40" E 2628.69 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE SOUTH WEST 1/4 OF SAID SECTION 15; THENCE, S 890 30' 10" W 30.00 FEET ON AND ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 15, ALSO BEING THE SOUTH LINE OF SAID COYOTE RIDGE SECOND ANNEXATION TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; EXCEPTING THE EAST 60.00 FEET THEREOF CONTAINING 6,849,747.35 SQUARE FEET, 157.25 ACRES MORE OR LESS. IN WITNESS WHEREOF, Uwe have executed this Petition for Annexation this.Z:!�­day of _ 20,0/. City of Fort Collins, Colorado A Municipal Corporation By: John chbach, City Manager City of Fort Collins, Colorado P 0 Box 580 Fort Collins. CO 80522-0580 • Board of Commissi ners of rimer County _ l Cheryl Olson, 6hair Latimer County, Colorado P 0 Box 1190 Fort Collins, Colorado 80522-1190 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 Coyote Ridge Third Annexation to the City of Fort Collins. Said area, consisting of approximately one hundred sixty-one (161) acres, is more particularly described on Attachment "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. 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 POL - Public Open Lands Zone District pursuant to the Land Use Code of the City of Fort Collins. ❑ (Check box if applicable.) The Petitioners reserve the right to withdraw this petition and their signatures therefrom at any time prior to the commencement of the roll call of the City Council for the vote upon the second reading of the annexation ordinance. I m Coyote Ridge 2nd Annexation OUT Vicinity Map 08/26/98 N #43-98b Coyote Ridge 3rd Annexation and Zoning 1" = 1000' Coyote Ridge Td Annexation & Zoning, #43-986 April 5, 2001, P & Z Meeting Page 3 Stream Corridors. A zoning designation of POL is consistent with this Structure Plan designation. . 5. Creation of an Enclave: This annexation is one piece of a larger series of annexations. Together, the Cathy Fromme 1st and 2"d Annexations and the Coyote Ridge 1st, 2nd 3'd 4tn 5th, and 6tn Annexations will create an enclave approximately 1,781 acres in size. The majority of the enclave, approximately 1,621acres, will be within the UGA. A small portion of the enclave, approximately 160 acres, is located outside the UGA. The creation of this enclave will enable the City to have the authority to involuntarily annex this portion of urbanized county land once the enclave has existed for at least three years. Please refer to the attached map titled "Cathy Fromme & Coyote Ridge Annexations" for a diagram of all the annexations together, and the affected enclave area. 6. City Council Hearings: City Council hearings on this proposed annexation and zoning will be held on the following dates: Initiating Resolution March 6, 2001 First Reading April 17, 2001 Second Reading May 1, 2001 FINDINGS OF FACT/CONCLUSION: 1. The area meets all criteria included in Colorado Revised Statutes to qualify for a voluntary annexation to the City of Fort Collins. 2. 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. 3. The annexation request complies with all applicable Land Use Code criteria. 4. The requested Public Open Lands (POL) zone district is in conformance with the policies of City Plan and is consistent with the Structure Plan. RECOMMENDATION: Staff recommends approval of the annexation and recommends that the property be placed in the Public Open Lands (POL) zone district. Coyote Ridge P Annexation & Zoning, #43-98B April 5, 2001 P & Z Meeting Page 2 The property is located in the FA-1 Farming Zone District in Larimer County. It is not anticipated that any urban level services will need to be extended to the area being annexed other than Police Services to South Taft Hill Road. Because the City of Fort Collins already manages the Coyote Ridge Natural Area, law enforcement services are currently being provided by the Natural Areas and Trails Rangers of the Fort Collins Natural Resources Department. Once the property annexes, the Natural Areas and Trails Rangers will continue to provide law enforcement services for the area being annexed. 2. Colorado Revised Statutes: This property is eligible for annexation according to CRS, requiring 1/6 contiguity to the existing city limits. The Coyote Ridge Third Annexation and Zoning complies with this standard since the property has 2,686.34 feet of its total boundary of approximately 10,589.24 feet contiguous to City limits. This meets the minimum 1,764.87 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Coyote Ridge 2"d Annexation. 3. The Intergovernmental Agreement Between Fort Collins and Larimer County: The property is located just outside 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 (Last Amended November 2000), the City may annex property outside the UGA, provided the property is eligible for annexation according to Colorado Revised Statutes (CRS). In the IGA, the city agrees to annex all rights -of -way, easements, etc. adjacent to a voluntary annexation. The annexation includes all adjacent portions of the South Taft Hill Road right-of-way. 4. Land Use Code Criteria for Annexations: [Section 2.12] — The Planning and Zoning Board shall hold a hearing on the matter of annexations and report recommendations to City Council. Such Report shall include a recommendation on the proper zoning for the lands if the City Council annexes such lands into the city. The requested zoning for this annexation is the Public Open Lands (POL) zone district. [Section 2.9.4(H)] — Any amendment to the Zoning Map involving the zoning or rezoning of six -hundred forty (640) acres of land or less shall be recommended for approval by the City Council only if the proposed amendment is consistent with the City's Comprehensive Plan or warranted by changed conditions surrounding the subject property. The City's adopted Structure Plan, a part of City Plan, designates the site as Rural/Open Lands and ITEM NO. 9 MEETING DATE 4/5/01 STAFF Troy Jones City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Coyote Ridge 3.`d Annexation and Zoning, file # 43-98B APPLICANT: City of Fort Collins OWNERS: City of Fort Collins Larimer County PROJECT DESCRIPTION: This is a request for a 100% voluntary annexation. The site is approximately 161 acres of publicly owned property located south of Trilby Road, north of the Carpenter Road (County Road 32) alignment, west of and within the South Taft Hill Road right-of-way. The recommended zoning is Public Open Lands (POL), and it is adjacent to the Coyote Ridge 2"d 4thI and 6th Annexations which are also proposed to be Public Open Lands. EXECUTIVE SUMMARY: The Coyote Ridge.3`d Annexation and Zoning is in substantial compliance with the Colorado Revised Statutes, the Intergovernmental Agreement between Fort Collins and Larimer County, and the Fort Collins Land Use Code. RECOMMENDATION: Approval COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: N: FA 1 Farming (Larimer County Zoning) —Coyote Ridge Natural Area, Coyote Ridge 2"d Annexation (under review), 11 Industrial (Larimer County Zoning) - Larimer County Landfill, S: FA 1 Farming (Larimer County Zoning) — vacant land, E: FA 1 Farming (Larimer County Zoning) — Coyote Ridge Natural Area, Coyote Ridge 6th Annexation (under review), W: FA 1 Farming (Larimer County Zoning) — Coyote Ridge Natural Area, Coyote Ridge 4th Annexation (under review), COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT