HomeMy WebLinkAboutPINERIDGE 3RD ANNEXATION & ZONING - 41-98 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSPRINCIPLES AND POLICIES FOR PINERIDGE THIRD ANNEXATION
Principle NOL-1 Preserve and protect natural areas within Fort Collins and the Community
Growth Management Area to provide habitat essential to the conservation of plants,
animals, and their associated ecosystems and to enrich the lives of citizens by providing
opportunities for education, scientific research, nature, interpretation, art, fishing, wildlife
observation, hiking, and other activities.
Policy NOL-1.1 Natural Areas System. The City will establish a system of publicly -owned
natural areas to protect the integrity of wildlife habitat and conservation sites, protect corridors
between natural areas, preserve outstanding examples of Fort Collins' diverse natural heritage,
and provide a broad range of opportunities for educational, interpretive, and recreational
programs to meet community needs.
Policy NOL-1.8 Ecosystems Management. The City will manage, maintain, and enhance public
natural areas to ensure the ongoing conservation of desirable plants and animals and their
associated ecosystems; control the invasion and spread of undesirable non-native plants and
animals; improve aesthetics; and provide opportunities for public use.
Principle NOL-2 Open lands are important in providing the city with a well-defined edge,
establishing community separators, directing growth, and preserving rural character.
Principle NOL-3 The City's parks and recreation system will include parks, trails, open
lands, natural areas and urban streetscapes. These "green spaces" will balance active and
passive recreation opportunities in an interconnected framework that is distributed
throughout the urban area.
Principle GM-2 The City will consider the annexation of new territory into the City limits
when the annexation of such property conforms to the vision, goals, and policies of City
Plan.
Policy GM-2.1 Annexation Policies. The City Council will weigh the following factors when
considering the annexation of new land into the incorporated limits:
• Statutory requirements. The property must meet all statutory requirements for
annexation according to the laws of the State of Colorado.
• Property to be annexed located within the Community Growth Management Area.
The property must be currently located within the Community Growth Management Area
boundary, or the boundary must be amended by actions of the City (and County, if
necessary) before the City approves the proposed annexation.
ATTACHMENT "C"
ATTORNEY CERTIFICATION
I, , 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 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 described on Attachment "A" of said
Annexation Petition, and own more than 50% of the land in said area, exclusive of streets
and alleys.
Date
Signature Attorney Reg. No.
9
ATTACHMENT `B"
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 person whose name
it purports to be.
Subscribed and sworn to before me this day of
199 , by
WITNESS my hand and official seal.
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 tract of land situate in the southeast 1/4 of Section 20, the southwest 1/ of Section 21,
and the northeast 1/4 of Section 29, Township 7 North, Range 69 West of the OhP.M.,
County of Larimer, State of Colorado; considering the east line of the northeast 1/4 of
Section 29 as bearing N00°39'38"E with all bearins herein relative thereto is contained
within the boundary lines which begins at the northeast comer of Section 29, the true
point of beginning for this description; thence, S00°39'38"W 1003.68 feet on and along
the east line of the northeast 1/4 of said Section 29, also being the west line of the Dixon
Creek Annexation to the City of Fort Collins; thence, S77°23'47"W 139.84 feet on and
along the northerly line of the Burns Second Annexation to the City of Fort Collins to the
point of a curve concave to the left with an arc of 151.82 feet, a radius of 267.00 feet,
with a chord which bears thence, S61°06'26"W 149.78 feet, on and along the northerly
line of said Burns Second Annexation; thence, S88°27' 14"W 898.32 feet on and along
the north line of the Burns Annexation to the City of Fort Collins; thence, S87°16'51"W
280.09 feet on and along the northerly line of said Burns Annexation; thence,
N12032'24"W 599.81 feet; thence, N14°32'24"W 540.50 feet; thence, N06°27'38"E
205.25 feet; thence, N05°26'00"E 70.00 feet; thence N27°26'00"W 208.22 feet; thence,
N5605'00"W 298.86 feet; thence, N00°38'00"E 574.90 feet to a point on the southerly
right-of-way line of County Road 42C; thence, N11°35'00"W 60.00 feet to the northerly
right-of-way line of said County Road 42C; thence, N78°25'00"E 522.79 feet on and
along said northerly right-of-way of County Road 42C; thence, N78°24'24"E 426.12 feet
on and along said northerly right-of-way line of County Road 42C; thence, S11°35'36"E
60.00 feet to a point on the southerly right-of-way line of said County Road 42C; thence,
N87057' 14"E 1109.50 feet to the east 1/16 corner of Section 20; thence, S89047'05"E
50.00 feet to a point of intersection with the east right-of-way line of South Overland
Trail; thence, S00° 12' 55"W 1254.57 feet on and along the east right-of-way line of said
Overland Trail to the point of a curve concave to the left with an arc of 133.01 feet, a
radius of 83.30 feet, with a chord which bears thence, S45°31'28"E 119.32 feet to a point
of intersection with north right-of-way line of West Drake Road; thence, N88044'09"E
520.01 feet on and along said north right-of-way line of West Drake Road, thence,
S00° 13' 57"W 50.00 feet to a point of intersection with the south line of the southwest 1/4
of Section 21, also being the west line of the Herring Annexation to the City of Fort
Collins thence, S88°44'09"W 655.51 feet to the northeast 1/4 of said Section 29, also
being the north line of said Dixon Creek Annexation, to the true point of beginning for
this description; containing 4,451,716 square feet, 102.197 acres more or less.
7
Parcel Two:
A tract of land located in the Southeast Quarter of the Southeast Quarter
of Section 20 and in the Northeast Quarter of the Northeast Quarter of
Section 29, both in Township 7 North, Range 69 West of the 6th Principal
Meridian, Larimer County, Colorado being more particularly described as
follows:
Considering the East line of said Section 20 and 29 as bearing North 00
degrees 14 minutes 00 seconds East, as surveyed by the U. S. Bureau of
Land Management on April 14, 1954 and with all bearings herein relative
thereto:
Commencing at the Southeast Corner of said Section 20;
thence, South 88 degrees 50 minutes 00 seconds West, 30.00 feet to the
West right-of-way line of Overland Trail;
thence, North 00 degrees 14 minutes 00 seconds East, 329.00 feet to the
POINT OF BEGINNING, said point being the Northeast corner of Dixon Creek
Substation parcel;
thence along the North line of said Substation parcel, South 88 degrees
50 minutes 00 seconds West, 360.00 feet;
thence, North 00 degrees 14 minutes 00 seconds East, 40.01 feet;
thence, North 88 degrees 50 minutes 00 seconds East, 360.00 feet to a
point on said West right-of-way line of Overland Trail;
thence along said West right-of-way line, South 00 degrees 14 minutes 00
seconds West, 40.01 feet to the Point of Beginning.
ALSO; COMMENCING at the Northeast corner of said Section 29;
thence, South 88 degrees 50 minutes 00 seconds West, 30.00 feet to the
West right-of-way line of Overland Trail;
thence, South 00 degrees 14 minutes 00 seconds West, 301.00 feet to the
POINT OF BEGINNING, said point being the Southeast Corner of Dixon Creek
Substation parcel;
thence along the South line of said Substation parcel, South 88 degrees
50 minutes 00 seconds West, 360.00 feet;
thence, South 00 degrees 14 minutes 00 seconds West, 40.01 feet;
thence, North 88 degrees 50 minutes 00 seconds East, 360.00 feet to a
point on said West right-of-way line of Overland Trail;
thence along said West right-of-way line, North 00 degrees 14 minutes 00
seconds East, 40.01 feet to the Point of Beginning.
The above -described tract of land contains .66 acres, more or less
IN WITNESS WHEREOF, Uwe have executed this Petition for Annexation this
day of , 199
Platte River Power Authority
A Political Subdivision of the State of Colorado
By:
Thaine J. Michie, General Manager
Platte River Power Authority
2000 East Horsetooth Road
Fort Collins, CO 80525-5721
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:
Parcel One:
A tract or parcel of land, situate in the Southeast One -Quarter of
the Southeast One -Quarter (SE1/4SE1/4) of Section 20 and in the North-
east One -Quarter of the Northeast One -Quarter (NE1/4NE1/4) of Section
29, both in Township 7 North, Range 69 West of the Sixth Principal
Meridian, Larimer County, Colorado, being more particularly described
as follows:
Considering the East line of said Sections 20 and 29 as bearing
N. 000 14' E., as surveyed by the U.S. Bureau of Land Management on
April 14, 1954, and with all bearings herein relative thereto: and
beginning at a point on the West right-of-way line County Road 21
(Overland Trail) whence the Southeast Corner of said Section 20
bears N. 880 50' E. a distance of 30.00 feet; thence on courses and
distances as follows:
1. N. 000 14' E. along said West right-of-way line a distance of
39.00 feet to a point;
2. S. 880 50' W., parallel to the South line of said Section 20 and
along the South line of that certain tract of land conveyed to
the City of Ft. Collins by deed recorded at Book 1360 and Page
452 of the Larimer County Records, a distance of 77.00 feet to
a point;
3. N. 000 14' E., a distance of 45.00 feet;
4. N. 880 50' E. a distance of 77 feet to a point in the West right-of-
way line of said County Road 21 (Overland Trail);
5.
N. 000 14'
E.
along said right-of-way line a
distance of
245.00
feet to a
point;
6.
S. 880 50'
W.,
parallel to said South line of
Section 20
a distance
of 465.00
feet
to a point;
7.
S. 000 14'
W.,
parallel to the East line of
said Sections
20 and 29
a distance
of
630.00 feet to a point;
8.
N. 880 50'
E.,
a distance of 465.00 feet to
a point;
9.
N. 000 14'
E.,
parallel to the East line of
said Sections
20 and 29
a distance
of
301.00 feet to the True Point
of Beginning.
The
above -described
tract of land contains 6.645
acres, more
or less..
W
Parcel Two:
A tract of land located in the Southeast Quarter of the Southeast Quarter
of Section 20 and in the Northeast Quarter of the Northeast Quarter of
Section 29, both in Township 7 North, Range 69 West of the 6th Principal
Meridian, Larimer County, Colorado being more particularly described as
follows:
Considering the East line of said Section 20 and 29 as bearing North 00
degrees 14 minutes 00 seconds East, as surveyed by the U. S. Bureau of
Land Management on April 14, 1954 and with all bearings herein relative
thereto:
Commencing at the Southeast Corner of said Section 20;
thence, South 88 degrees 50 minutes 00 seconds West, 30.00 feet to the
West right-of-way line of overland Trail;
thence, North 00 degrees 14 minutes 00 seconds East, 329.00 feet to the
POINT OF BEGINNING, said point being the Northeast corner of Dixon Creek
Substation parcel;
thence along the North line of said Substation parcel, South 88 degrees
50 minutes 00 seconds West, 360.00 feet;
thence, North 00 degrees 14 minutes 00 seconds East, 40.01 feet;
thence, North 88 degrees 50 minutes 00 seconds East, 360.00 feet to a
point on said West right-of-way line of Overland Trail;
thence along said West right -of -wax line, South 00 degrees 14 minutes 00
seconds West, 40.01 feet to the Point of Beginning.
ALSO; COMMENCING at the Northeast corner of said Section 29;
thence, South 88 degrees 50 minutes 00 seconds West, 30.00 feet to the
West right-of-way line of Overland Trail;
thence, South 00 degrees 14 minutes 00 seconds West, 301.00 feet to the
POINT OF BEGINNING, said point being the Southeast Corner of Dixon Creek
Substation parcel;
thence along the South line of said Substation parcel, South 88 degrees
50 minutes 00 seconds West, 360.00 feet;
thence, South 00 degrees 14 minutes 00 seconds West, 40.01 feet;
thence, North 88 degrees 50 minutes 00 seconds East, 360.00 feet to a
point on said West right-of-way line of Overland Trail;
thence along said West right -of -wax line, North 00 degrees 14 minutes 00
seconds East, 40.01 feet to the Point of Beginning.
The above -described tract of land contains .66 acres, more or less
IN WITNESS WHEREOF, I/we have executed this Petition for Annexation this
day of , 199
City of Fort Collins, Colorado
A Municipal Corporation
By: _
John
F. Fischbach, City Manager
City of Fort Collins, Colorado
P.O. Box 580
Fort Collins, CO 80522-0580
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:
All lands as are described on Attachment "A", excepting therefrom the following two (2)
parcels:
Parcel One:
A tract or parcel of land, situate in the Southeast One -Quarter of
the Southeast One -Quarter (SE1/4SE1/4) of Section 20 and in the North-
east One -Quarter of the Northeast One -Quarter (NE1/4NE1/4) of Section
29, both in Township 7 North, Range 69 West of the Sixth Principal
Meridian, Larimer County, Colorado, being more particularly described
as follows:
Considering the East line of said Sections 20 and 29 as bearing
N. 000 14' E., as surveyed by the U.S. Bureau of Land Management on
April 14, 1954, and with all bearings herein relative thereto: and
beginning at a point on the West right-of-way line County Road 21
(Overland Trail) whence the Southeast Corner of said Section 20
bears N. 880 50' E. a distance of 30.00 feet; thence on courses and
distances as follows:
1. N. 000 14' E. along said West right-of-way line a distance of
39.00 feet to a point;
2. S. 880 50' W., parallel to the South line of said Section 20 and
along the South line of that certain tract of land conveyed to
the City of Ft. Collins by deed recorded at Book 1360 and Page
452 of the Larimer County Records, a distance of 77.00 feet to
a point;
3. N. 000 14' E., a distance of 45.00 feet;
4. N. 080 50' E. a distance of 77 feet to a point in the West right-of-
way line of said County Road 21 (Overland Trail);
5. N. 000 14' E. along said right-of-way line a distance of 245.00
feet to a point;
6. S. 880 50' W., parallel to said South line of Section 20 a distance
of 465.00 feet to a point;
7. S. 000 14' W., parallel to the East line of said Sections 20 and 29
a distance of 630.00 feet to a point;
8. N. 880 50' E., a distance of 465.00 feet to a point;
9. N. 000 14' E., parallel to the East line of said Sections 20 and 29
a distance of 301.00 feet to the True Point of Beginning.
The above -described tract of land contains 6.645 acres, more or less..
c
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.
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 Pineridge Third Annexation to the City of Fort Collins. Said area,
consisting of approximately one hundred two (j_Q2) 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
PINE RIDGE THIRD ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
A TRACT OF LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION 20, THE SOUTHWEST 1/4 OF SECTION 21,
AND THE NORTHEAST 1/4 OF SECTION 29,
TOWNSHIP 7 NORTH, RANGE 69 HEST OF THE BTH P.H.,
COUNTY OF LARIMER, STATE OF COLORADO
rmY w,[,`�:nT na,cv
Z Zor,wer_nnx
,OTY .pIM1b�..w,0.V
F� A
*� •a`.b
.cmxm
m .w en10ww,vr� ,ts; m�i,rr�i.w�i[a�� w n,a�o
R tawp 4 ..00 YO WiR1 a Iwo <C� .f
• da.lY ,Qrw, V M tT O,.d 0, ,Vf MLM m1NN+
.mwMwr> .iwa
CRAPM SCAR
rws r T mrx xm +mxscw . nne ,ur c.
CITY OF FORT COLLINS, COLORADO xw I ,pw wcu PINE RIDGE THIRD !
ENGINEERING DMSION_—ANNEXATION I °
No Text
Pineridge 3rd Annexation and Zoning, #41-98
September 17, 1998 P & Z Meeting
Page 3
2. Zonina:
This property is currently zoned FA-1, Farming in Larimer County. The proposed
zoning for this annexation is the POL, Public Open Lands Zoning District. The POL,
Public Open Lands District is for large, publicly owned -parks and open lands which
have a community -wide emphasis or other characteristics which warrant inclusion
under this separate designation rather than inclusion in an adjoining neighborhood or
other District designation. The purpose of the POL zone district is:
"...to accommodate land use functions such as stormwater management, native
wildlife habitat and sand and gravel operations, all of which depend primarily on
the continued functioning of natural river systems or are incompatible with
significant urban land development."
The City Structure Plan designation for the area is Rural/Open Lands and Stream
Corridors, and the proposed zoning is consistent with the City Structure Plan.
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 State law to qualify for annexation by the
City of Fort Collins.
3. The requested POL, Public Open Lands District is in conformance with the
policies of the City's Comprehensive Plan, and is consistent with the City
Structure Plan.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Board forward a recommendation to
the City Council to approve the Pineridge 3rd Annexation and Zoning, #41-98 with a
zoning of POL, Public Open Lands.
Pineridge 3rd Annexation and Zoning, #41-98
September 17, 1998 P & Z Meeting
Page 2
COMMENTS:
1. Background:
The Pineridge 3rd Annexation and Zoning is approximately 102 acres in size, located
on the west side of South Overland Trail and south of County Road 42C. The City of
Fort Collins acquired the Pine Ridge Natural Area in 1996, as part of its natural area
land acquisition program. The purpose of the natural area is to provide a scenic
backdrop for the City and preserve native landscape and wildlife habitat close to the
urban core.
The property is located 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,
the City may annex property outside the UGA provided that notification along with an
annexation impact report is sent to the Board of County Commissioners by certified mail
35 days prior to the public hearing. Section 1.7 of the IGA states:
"That the policy of the City is not to annex property outside the Fort Collins Urban
Growth Area without first amending the Fort Collins Urban Growth Area
boundary through the established amendment procedure or the agreed upon
annexation procedure which allows the City to annex outside the Fort Collins
Urban Growth Area boundary after giving notice to the Board of County
Commissioners as required pursuant to Section 2.10(D) of this Agreement."
The annexation impact report will be forwarded to the Board of County Commissioners
on October 30, 1998. The annexation of the property will amend the UGA boundary.
As a voluntary annexation, the City may annex property provided that it has 1/6th
contiguity with the existing City boundary. The proposed Pineridge 3rd Annexation and
Zoning complies with this requirement. The property has 3,179.26 feet of its total
boundary length of 9,810.45 feet (32%) contiguous to existing City limits. This exceeds
the minimum 1,635.07 feet required to achieve 1/6th contiguity.
The surrounding zoning and land uses are as follows:
N: FA-1 (county zoning); vacant
E. RL and FA-1 (county zoning); single family residential and drive-in movie theater
S: RF; vacant
W: FA-1 (county zoning); vacant
ITEM NO. 5
MEETING DATE 9/17/98
STAFF Leanne Harter
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Pineridge 3rd Annexation and Zoning, #41-98
APPLICANT: City of Fort Collins
OWNERS: City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522-0580
Platte River Power Authority
2000 East Horsetooth Road
Fort Collins, Colorado 80525-5721
PROJECT DESCRIPTION: Annexation and zoning of approximately 102 acres,
located on the west side of South Overland Trail and south of County Road 42C. The
recommended zoning is POL, Public Open Lands.
RECOMMENDATION: Staff recommends approval of the annexation and zoning as
POL, Public Open Lands.
EXECUTIVE SUMMARY: This is an annexation and zoning of approximately 102 acres
in size, located on the west side of South Overland Trail and south of County Road
42C. The recommended zoning is POL, Public Open Lands.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT