HomeMy WebLinkAboutPINERIDGE 5TH ANNEXATION & ZONING - 41-98B - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of landsituate in the County of Larimer, State of Colorado, to -wit:
A TRACT OF LAND SITUATE IN THE SOUTHEAST 1/4 OF SECTION 20 AND THE
SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE
EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 20 AS BEARING N 00 12' 55" E WITH ALL
BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES
WHICH BEGIN AT THE SOUTH 1/16 CORNER OF SAID SECTIONS 20)AND 21, THE TRUE
POINT OF BEGINNING FOR THIS DESCRIPTION: THENCE S 891 47' 05" E 30.00 FEET ON
AND ALONG THE SOUTH 1/16 LINE OF SAID SOUTHWEST 1/4 OF SECTION 21, ALSO BEING
THE NORTHERLY LINE OF THE PINE RIDGE THIRD ANNEXATION TO THE CITY OF FORT
COLLINS, TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF
SOUTH OVERLAND TRAIL; THENCE, N 00° 12' 55" E 700.00 FEET ON AND.ALONG SAID
EAST RIGHT-OF-WAY LINE OF SOUTH OVERLAND TRAIL; THENCE, N 89 47' 05" W 30.00
TO A POINT OF INTERSECTION WITH THE WEST LINE OF SAID SOUTHWEST 1/4 OF
SECTION 21; THENCE, N 890 47' 03' W 30.00 FEET TO A POINT OF INTERSECTION WITH
THE WEST RIGHT-OF-WAY LINE OF SAID SOUTH OVERLAND TRAIL; THENCE, S 00 12'
55" W 456.76 FEET ON AND ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID
OVERLAND TRAIL TO A POINT OF INTERSECTION WITH THE NORTHERLY
RIGHT-OF-WAY LINE OF COUNTY ROAD 42C; THENCE, S 78° 24' 24" W 1114.50 FEET ON
AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 42C TO A
POINT OF INTERSECTION WITH SAID PINE RIDGE THIRD ANNEXATION; THENCE, S 11 °
35' 36" E 60.00 FEET ON AND ALONG THE EASTERLY LINE OF SAID PINE RIDGE THIRD
ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY
LINE OF SAID COUNTY ROAD 42C; ALSO BEING THE INTERSECTION WITH THE 1/16 LINE
OF SAID SOUTHEAST 1/4 OF SECTION 20; THENCE, N 870 57' 14" E 1109.50 FEET ON AND
ALONG SAID 1/16 LINE TO THE 1/16 CORNER OF SAID SOUTHEAST 1/4 OF SECTION
20,ALSO BEING THE NORTHERLY LINE OF SAID PINE RIDGE ANNEXATION TO THE TRUE
POINT OF BEGINNING FOR THIS DESCRIPTION;
CONTAINING 4.76 ACRES MORE OR LESS.
Statement of Principles and Policies and Consistency with the City Structure Plan
For the
Pineridge 5th Annexation and Zoning
June 4, 1999
The following principles and related policies, are extracted from "City Plan: Fort Collins, Colorado
Comprehensive Plan," and are reiterated to show the conformance of this petition for annexation with the
city's documented intentions.
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.
Policy NOL-2.1 Conservation Tools. The City will purchase open lands and/or development rights and
use conservation easements and other such tools, for the purpose of defusing community edges. Such open
lands include areas for passive or limited recreation for non -athletic purposes, agricultural land, and natural
areas.
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, W , PAuc. i9cocm itJ , 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 f /NEA106re- F-i FiK 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.
ATTACHMENT`V"
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 w ose name I purports to be.
Subscribed and sworn to before me this a`7 day, of tRIZ.14, 199 ' by
ou�9-nn
WITNESS my hand and official
z Expiration CEDRGIANAJ.
ti DEINES
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,
, 199�.
City of Fort Collins, Colorado
P.O. Box 580
Fort Collins, CO 80522-0580
I/we have executed this Petition for Annexation this day of
2
PETITION FOR ANNEXATION
b uxd
Q
�I lyn 1Q [. /
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 Pinerid eg Fifth Annexation
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:
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.
4��71
Y.
""_
I
yt vry '
I
s �p
j
F f
R�
r-
No Text
Pineridge 5th Annexation & Zoning, # 41-98B
October 18, 2001 P & Z Meeting
Page 3
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 Public Open Lands District (POL) is in conformance with the policies
of City Plan and is consistent with the Structure Plan.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Board forward a recommendation to the
City Council to approve the Pineridge 5th Annexation with a zoning designation of POL.
Pineridge 5th Annexation & Zoning, # 41-98B
October 18, 2001 P & Z Meeting
Page 2 -
The surrounding zoning and land uses are as follows:
N: FA-1 Farming District in Larimer County — County Road 42C, regional detention
pond, rodeo grounds, Hughes Stadium,
S: POL - existing Pineridge Natural Area,
E: FA-1 Farming District in Larimer County — existing drive-in movie theater,
MMN — existing multifamily housing,
W: FA-1 Farming District in Larimer County — County Road 42C, Dixon Reservoir,
Horsetooth Reservoir.
2. Zoning and Analysis:
This property is eligible for annexation according to CRS, requiring 1/6 contiguity to the
existing city limits. The Pineridge Natural Area Fifth Annexation and Zoning complies with
this standard since the property has 1229.5 feet of its total boundary of approximately
3531 feet contiguous to the existing City limits. This meets the minimum 588 feet required
to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the
Pineridge Natural Area Third Annexation (January 1999).
The property is currently zoned FA1-Farming District in Larimer County. The requested
zoning for this annexation is the Public Open Lands District (POL). The City's adopted
Structure Plan, a part of City Plan, designates the site Campus District. Colorado State
University does not own any of the land south of County Road 42C (but they do on the
north), so it appears that Campus District was inadvertently assigned to the property. The
Structure Plan designations provide some leeway in designating corresponding zoning
districts on a site specific basis. A zoning designation of POL is therefore consistent with
the Structure Plan designation.
3. City Council Hearings:
City Council hearings on this proposed annexation and zoning will be held on the following
dates:
Initiating Resolution
First Reading
Second Reading
October 2, 2001
November 6, 2001
November 20, 2001
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.
ITEM NO. 3
MEETING DATE 10/18/01
STAFF Trov Junes
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Pineridge 5th Annexation and Zoning, #41-98B
APPLICANT: City of Fort Collins
OWNERS: City of Fort Collins
PROJECT DESCRIPTION: Annexation and zoning of approximately 4.76 acres of publicly
owned property located south of County Road 42C and west of South Overland Trail. The
recommended zoning is Public Open Lands (POL), and it is adjacent to a larger piece of
Public Open Lands.
RECOMMENDATION: Staff recommends approval of the annexation and recommends
that the property be placed in the Public Open Lands District (POL).
EXECUTIVE SUMMARY: This is an annexation and zoning of approximately 4.76 acres in
size, located south of County Road 42C and west of South Overland Trail. The property is
undeveloped and is in the FA-1 Farming District in Larimer County. The recommended
zoning is Public Open Lands (POL). This is a 100% voluntary annexation.
COMMENTS:
1. Background:
When the Urban Growth Area boundary was originally established in this location, it was
intended to follow the alignment of County Road 42C so that all land just south of County
Road 42C and just west of Overland Trail were designated to be within the Urban Growth
Area (UGA). The UGA boundary, however, was inadvertently placed in such a manner
that a small triangular piece of ground immediately southwest of the intersection of
Overland Trail and County Road 42C was placed outside the UGA, therefore, this 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).
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box580 Fort Collins, CO80522-0580 (970)221-6750
PLANNING DEPARTMENT