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Home My WebLink AboutHH-36 ANNEXATION & ZONING - 34-98 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSATTACHMENT "D" COUNTY ROAD 36 ANNEXATION Statement of Principles and Policies The proposed County Road 36 Annexation and requested "L-M-N Low Density Mixed -Use Neighborhood' zoning district is consistent with the land use designation on the adopted Structure Plan and the Fossil Creek Reservoir Area Plan; consistent with the existing zoning and land uses planned in the adjacent area; and in compliance with the adopted Principles and Policies, including LU-1, LU-2, and LU-3. Future plans for the development of the subject property will be consistent with Principles applicable to neighborhoods, transportation, community appearance, housing, and others. 1. ATTACHMENT "C" ATTORNEY CERTIFICATION C-1 J J //%J an attomev licensed to nraclice 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 /71/1— 3 6 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 A mey Reg. No. ATTACHMENT "B" STATE OF COLORADO ) SS. COUNTY OF 0(�� ) 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 :�14`day or ,r— , 1998, by WITNESS my hand and official seal. Commission Expiration MARILYN R. BISHOP Notary Public State of Colorado Notary Public 13 ATTACHMENT "A" LEGAL DESCRIPTION OF THE H.H: 36 ANNEXATION A TRACT OF LAND SITUATED IN PORTIONS OF SECTIONS 4, 5, 8, AND 9, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6"{ P.M., COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 5, BEING MONUMENTED AT THE EAST END BY A 2-1/2" ALUMINUM CAP ON A NO.6 REBAR °LS 14823" AND AT THE WEST END BY A 2" ALUMINUM CAP ON A NO.6 REBAR "LS 5028" IS ASSUMED TO BEAR S89033'58"W. BEGINNING AT THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 5; THENCE N00°46'33"W ON THE WEST LINE OF SAID SOUTHEAST ONE -QUARTER OF SAID SECTION 5 A DISTANCE OF 1154.48 FEET TO THE CENTERLINE OF SPRING CANYON WASTE WATER DITCH; THENCE ALONG SAID CENTERLINE THE FOLLOWING TWELVE (12) COURSES: 1. S75011'42"E A DISTANCE OF 202.74 FEET; 2. S58023'27"E A DISTANCE OF 322.36 FEET; 3. N65009'43"E A DISTANCE OF 439.76 FEET, 4. S73038' 17"E A DISTANCE OF 289.66 FEET; 5. S65009'47"E A DISTANCE OF 119.57 FEET; 6. S22008'37"E A DISTANCE OF 71.12 FEET; 7. N88020'38"E A DISTANCE OF 128.89 FEET; 8. S66042' 12"E A DISTANCE OF 133.72 FEET; 9. S54053'37"E A DISTANCE OF 115.82 FEET; 10. S82005'57"E A DISTANCE OF 200.63 FEET; 11. N73039'53"E A DISTANCE OF 260.98 FEET; 12. S79041'32"E A DISTANCE OF 370.98 FEET TO THE WESTERLY LINE OF BOOK 1264 PAGE 300, LARIMER COUNTY RECORDS; THENCE ON THE WESTERLY AND SOUTHERLY LINE OF SAID BOOK 1264 PAGE 300 THE FOLLOWING THREE (3) COURSES: 1. S01024'57"E A DISTANCE OF 15.00 FEET; 2. S87049'27"E A DISTANCE OF 27.42 FEET; 3. S80057'57"E A DISTANCE OF 235.32 FEET TO THE EAST LINE OF SAID SOUTHEAST ONE - QUARTER; THENCE N88035'03"E A DISTANCE OF 30.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF LARIMER COUNTY ROAD NO. 9; THENCE SOI °24'S7"E ON SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 711.56 FEET AND S00020'32"W A DISTANCE OF 50.00 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY RIGHT OF WAY LINE OF LARIMER COUNTY ROAD NO. 36; THENCE S 89033'58"W ON SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 2736.04 FEET TO THE WEST LINE OF THE NORTHEAST ONE -QUARTER OF SECTION 8; THENCE N00047' 15"E A ON SAID WEST LINE A DISTANCE OF 50.01 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 2,636,555 SQUARE FEET (60.527 ACRES). -3- 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 L-M-N, Low Density Mixed -Use Neighborhood District 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 v'S day of September, 1998. H. H. Investment Company A Colorado General Partnership By: s/Owner's 3� _3 eq City State Zip -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 H.H.-36 Annexation to the City of Fort Collins. Said area, consisting of approximately 60.527 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 ordinances 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 the Article X, §20 of the Colorado Constitution. The petitioner specifically reserves the right to withdraw this petition at any time prior to the Second Reading of the Annexation Ordinance by the Council of the City of Fort Collins, Colorado. se PRESTON JR HI URESCHOOL HARMONYPARK 1 LIMI cr CD m E County Road 34 VICINITY MAP #34-98 HH-36 Annexation 09/15/98 .1 Innn, AW66 Meffefli Annexation and Zoning, #34-98 October 1, 1998 Page 4 3. On October 6, 1998, the City Council will consider a resolution determining that the proposed annexation process for this property by establishing the 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 November November 17, 1998. 4. The requested LMN, Low Density Mixed -Use Neighborhood zoning is consistent with the City Structure Plan and the City Plan Principles and Policies. 5. The requested LMN, Low Density Mixed -Use Neighborhood zoning is consistent with the Fossil Creek Reservoir Area Land Use Framework Plan. STAFF RECOMMENDATION: Staff recommends approval of the annexation and recommends that the property be placed in the LMN - Low Density Mixed Use Neighborhood Zoning District. Staff recommends that this property be included in the Residential Neighborhood Sign District. A map amendment will be necessary to place this property on the Residential Neighborhood Sign District Map. 44413L McFFeai Annexation and Zoning, #34-98 October 1, 1998 Page 3 E: FA-1 in Larimer County; existing agriculture S: FA-1 in Larimer County; existing large acreage residential W: RL; existing residential (Stetson Creek, Timber Creek) 2. Analysis: This is a voluntary annexation and zoning request for an area approximately 53.033 acres in size, located at the northwest corner of County Road 9 and County Road 36. The property is currently zoned FA-1, Farming in Larimer County. The proposed zoning for this annexation is the LMN, Low Density Mixed -Use Neighborhood District. This subject property is designated as LMN, Low Density Mixed Use Neighborhood on the City Structure Plan. Therefore the requested LMN zoning is consistent with the City Structure Plan. The purpose of the LMN, Low Density Mixed Use Neighborhood is: "..an addition to the community which provides a place for a predominance of low density housing, along with other secondary uses that serve the neighborhood and are in harmony with the residential character." The requested LMN zoning is also consistent with the Fossil Creek Reservoir Area Land Use Framework Plan. Staff recommends 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. FINDINGS OF FACT / CONCLUSION: 414-3 0 The McFFeni Annexation and Zoning, #34-98 is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area. Ai434 2. The Merroni Annexation and Zoning, #34-98 meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. HM WV Me""i Annexation and Zoning, #34-98 October 1, 1998 Page 2 The requested zoning is consistent with the City Structure Plan and the City Plan Principles and Policies for the Low Density Mixed -Use Neighborhoods. The requested zoning is consistent with the Fossil Creek Reservoir Area Land Use Framework Plan. COMMENTS: 1. Background: The applicant, James Construction Company, Inc., c/o Cityscape Urban Design, Inc, on behalf of the property owners, H. H. Investment Co., A Colorado General Partnership, has submitted a written petition requesting annexation of 60.527 acres located at the northwest corner of County Road 9 and County Road 36. The petitioners comprise more than 50% of the landowners in the area and own more than 50% of the area to be annexed, excluding public streets, alleys, and lands owned by Larimer County / City of Fort Collins. The property is located within the Fort Collins Urban Growth Area. 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 agree to consider annexation of all properties within the unincorporated area of the Fort Collins Urban Growth Area as soon as said property becomes contiguous to the City and therefore eligible for annexation and the owner either requests voluntary annexation into the City or is required to annex such property into the City by the County. The annexation impact report will be forwarded to the Board of County Commissioners on November 2, 1998. The City may annex property located within the Urban Growth Area Boundary provided that the property has 1/6th contiguity with the existing City boundary. The proposed Morronir NH-3(a Annexation complies with this requirement. The property has 2,656.23 feet (34.7%) of its total boundary length of 7,666.07 feet contiguous to existing City limits. This exceeds the minimum 1,277.68 feet required to achieve 1/6th contiguity. The contiguity to existing City limits is gained from the common boundary of Ruff Annexation to the north of the subject property. The surrounding zoning and land uses are as follows: N: RL; existing residential, schools (Wildwood Farms, Preston Junior High, 1999 Elementary) ITEM NO. 4 MEETING DATE 10/1/98 STAFF Mike Ludwig City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT v vi -340 PROJECT: Merroni Annexation and Zoning, #34-98 APPLICANT: James Construction Company, Inc. c/o Cityscape Urban Design, Inc. 3555 Stanford Road, Suite 105 APMOMD Fort Collins, CO. 80525 5-0 OWNER: H. H. Investment Co., A Colorado General Partnership c/o Thomas J. Morroni P.O. Box 16383 Denver, CO 80216 PROJECT DESCRIPTION: This is a voluntary request to annex and zone 60.527 acres located at the northwest corner of County Road 9 and County Road 36. The property is currently zoned FA-1 in Larimer County. The requested zoning in the City is LMN - Low Density Mixed Use Neighborhood. RECOMMENDATION: Staff recommends approval of the annexation and recommends that the property be placed in the LMN - Low Density Mixed Use Neighborhood Zoning District. Staff recommends that this property be included in the Residential Neighborhood Sign District. A map amendment will be necessary should the Planning and Zoning Board recommend that this property be placed on the Residential Neighborhood Sign District Map. EXECUTIVE SUMMARY: • 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. • The area meets all criteria included in State law to qualify for annexation by the City of Fort Collins. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT