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Home My WebLink AboutSTREAMSIDE ANNEXATION & ZONING - 55-02A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS1 Statement of Principles and Policies and Consistency with the City Structure Plan For the Peterson & Streamside Annexations 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 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. • Properties with annexation agreements as conditions of approval. Developments approved by the County that have an annexation agreement as a condition of approval, or have an annexation agreement with the City as a result of receiving out - of -city utility service, will be considered for annexation when they meet all statutory requirements. Policy UGE-2.4 Urban Estate Development. Urban estate development will serve as lower density, transition areas. 0 ATTACHMENT "C" ATTORNEY CERTIFICATION I. -PeG iL el- an attorney licensed to practice in the State of Colorado, hereb certify that, as of the date Qf this certificate, the signers of this Annexation Petition for the area referred to as the Y�t�G _______________________ Annexation to the City of Fort Collins are the 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. -lz��Q----- -------� ----- -�� - Date Signature- Attorney Reg. No. 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. —---------- Circulator Signature Subscr' ed and sworn to before me this --01� - day of by--� 4---------------- WITNESS my hand and official seal. Commission xpiration ATTACHMENT"A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to -wit: STREAMSIDE ANNEXATION DESCRIPTION: CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN AS BEARING N 890 25, 59" W WITH ALL BEARINGS HEREIN RELATIVE THERETO. COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 10; THENCE N 000 31' 35" E 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT—OF—WAY LINE OF EAST VINE DRIVE AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTINUING, N 000 31' 35" E 20.00 FEET; THENCE, S 890 28' 25" E 1315.15 FEET ON AND ALONG SAID NORTH RIGHT—OF—WAY; THENCE, S 000 26' 06" W 50.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE, S 000 13' 29" E 50.00 FEET TO A POINT ON THE SOUTHERLY RIGHT— OF—WAY OF SAID EAST VINE DRIVE; CONTINUING, S 000 11' 33" E 2560.55 FEET TO THE NORTHERLY RIGHT—OF—WAY OF THE COLORADO RAILROAD COMPANY; THENCE. N 880 27' 36" W 918.76 FEET ALONG SAID RIGHT—OF—WAY TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE PETERSON ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 000 09' 15" W 80.01 FEET ON AND ALONG SAID EASTERLY LINE; CONTINUING, N 000 09' 15" W 1572.26 FEET; THENCE, N 890 28' 17" W 669.62 FEET; THENCE, S 01c 50' 54" E 149.20 FEET; THENCE, S 410 38, 36" W 270.16 FEET; THENCE, S 830 47' 02" W 269.62 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF SAID PETERSON ANNEXATION; THENCE FIVE COURSES ALONG SAID EASTERLY LINE: THENCE, N 870 43' 24" W 352.93 FEET; THENCE, N 000 31' 42" E 518.31 FEET; THENCE, S 890 28' 17" E 847.21 FEET; THENCE, N 020 55' 31" W 299.26 FEET; THENCE, S 890 30' 31" E.262.00 FEET; CONTINUING, S 890 30: 3L'.E 382.52 FEET; THENCE, N 000 31' 43" E 448.02 FEET TO A POINT ON THE SOUTHERLY R;6*j'--Q --WAY OF SAID EAST VINE DRIVE; THENCE, N 890 28' 25" W 421.48 FEET ON SOUTHERLY RIGHT—OF—WAY; THENCE, N 890 25' 59" W 157.46 FEET ON AND ALONG SA29,;$p 1s RIGHT—OF—WAY TO A POINT OF A INTERSECTION WITH THE NORTHERLY LINE OF SAID PET ANNEXATION; THENCE, N 890 25' 59" W 165.25 FEET ALONG SAID LINE; THENCE, N 010 50' 54" W 20.02 FEET CONTINUING ALONG SAID SOUTHERLY RIGHT—OF—WAY; THENCE, N 890 25' 59" W 755.31 FEET ON AND ALONG SAID SOUTHERLY RIGHT—OF—WAY TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE FRONT RANGE FARMS ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 00° 34' 01" E 30.00 FEET ALONG SAID EASTERLY LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE, N 470 45' 36" W 45.12 FEET ALONG SAID EASTERLY LINE TO A POINT OF INNTERSECTION WITH THE NORTHERLY RIGHT—OF-WAY LINE OF SAID EAST VINE DRIVE; THENCE, S 890 25' 59" E 1112.07 FEET ALONG SAID RIGHT—OF—WAY TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 73.674 ACRES MORE OR LESS. ,k (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. 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: INSTRUCTIONS: INSERT HERE the legal description of individual parcels, or if only ownership, type "See Legal Description on Attachment `A'." IN WITNESS WHEROF, I/we have executed this Petition for Annexation this _/day of i- ------- 2�� r Petitioner's/Owner's ignature Fet�n Nw�e✓ ----------- ------ash �C'�.�/�'�'------- Address Address <C t-at ------ '`� - City ty F �---4-tte ----------�PZip PETITION FOR ANNEXATION THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the Council of the City of Fprt Collins, Coloradafor the annexation of an area, to be referred to as the Collins, nnexation to the City of Fort Collins. Said area, consisting of approximately acres, 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 31-12-108, C.R.S., exist or have been met. 3. That not less than one -sixth (1/6) 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 that 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 obligations 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 thellC-U&_AA 9_tQone District pursuant to the Land Use Code of the City of Fort Collins. STREAMSIDE ANNEXATION TO m C1TY OF FORT Coum, COLD M A TR= Of UM WfUM W MM MM RU Of 6=f410i1 to AND M MM W IN MM S. %TWMP T NWM RAM 66 U f Of M 679 P.Y., WMff OF L®M RM OF CDLMM SECTION a MWT R/ rkR NI APT* ..0 Y. 1. r AT o.m' Imu _nY fr .___.....mv.n 1/nx mue.n.._........ ...aaanv 6 cn[wR scut YI)YMYN VISi1 Po .A I � � —I NNNV]Y 14 I ✓ � r.NG].LR 1 : I I \ � VICINITY MAP N.T.S. N fSCRIPL ONE K Y YN:N IM:[ p M MN[M1pl 011I.RIY > YRI0:1 10. IOYMLN1f I NORIIL IIYIOL Y NLf G M LIx MIIILIIY NLMONN Y f4LM0 x M w f]• V MM YL LLYIxO[ NLMIN LM1NL MIKIO. <CYSMCK AT M [CfIN (,,,IM GSM R YL1 fLL[ION m MICc N m W Y• c Am Im m . rowl a m xonlou .Vmsr-r.r LK ar an r1. oeNL I .m .e.. 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CIry G fm CIXIN6 M W WM. R.R OI CGm.m n YYYYLN[R1YiIlL a 1. cm cw c. w 1. co:lmi.lr Y .1 xM tlI M tIR'L¢I� AP DAD L TO RORu HO L 1. Ma N.1 mtt .w III.. . MY I..Yl ...I.rwl IX.M➢ fMli Q6IY MI] NO I[O.l OLICLIII1016 a. nIN M p[c. w TMf mL. AL . Pul pLIpN M C.I LOY Y M[N f.l[S 111RY M WHL.IICN 11111 f NNONx .a (bi 'Mlf YM. u �mmVYf. r dd LIL�r IfA] mLrA i I n UE N W Q of W I— Z �n N W Q f— of W H _I i i i i #55-02A Streamside Annexation and Zoning 4/20/06 N Type II (LUC) 1 inch : 600 feet Streamside Annexation and Zoning - #55-02A May 18, 2006 P & Z Meeting Page 3 be necessary to place this property on the Residential Neighborhood Sign District Map because the property is already outside of Areas Not In The Sign District. FINDINGS: The annexation of this area 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. 2. The area meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On May 2, 2006, the City Council approved a resolution that accepted the annexation petition and determined that the petition was in compliance with State law. The resolution also initiated the annexation process for the property by establishing the date, time and place when a public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. 4. The requested UE - Urban Estate Zoning District is in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends approval of the annexation and requested zoning of UE - Urban Estate. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map because the property is already outside of Areas Not In The Sign District. Streamside Annexation and Zoning - #55-02A May 18, 2006 P & Z Meeting Page 2 Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map. BACKGROUND: The applicant/circulator, Stephen Olt, City of Fort Collins Current Planning Department, on behalf of the property owner, Cedar Pointe Land & Livestock, L.L.C., c.o. Duane Lebsack, has submitted a written petition requesting annexation of 73.67 acres located on the south side of East Vine Drive between Interstate 25 and County Road 5. The property currently is undeveloped and in the FA1 - Farming District in Larimer County. The requested zoning for this annexation is UE - Urban Estate. This is a 100% voluntary annexation. 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 property in the UGA when the property is eligible for annexation according to State law. This property will gain the required 1 /6 contiguity to City limits from common boundaries with the Peterson Annexation (July, 2006) to the west. The surrounding zoning and land uses are as follows: N: FA-1 in Larimer County; existing residential acreages, agricultural E: FA-1 in Larimer County; undeveloped, agricultural S: R1, M in Larimer County; existing single-family residential, agricultural W: FA1 in Larimer County; undeveloped, agricultural ANALYSIS: The property will gain the necessary one -sixth (1/6) contiguity by the annexation of the Peterson property to the west, also owned by Cedar Pointe Land & Livestock (c/o Duane Lebsack). The requested zoning for this annexation is the UE - Urban Estate Zoning District. There are numerous uses permitted in this District, subject to either administrative review or review by the Planning and Zoning Board. The City's adopted Structure Plan and 1-25 Subarea Plan, both parts of the Comprehensive Plan, suggest that Urban Estate Neighborhood is appropriate in this location. There is a Streamside development project currently being evaluated by Larimer County. 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 that may be particularly affected by such signs because of their predominantly residential use and character. A map amendment will not ITEM NO. 4 MEETING DATE5/18/06 6a STAFF Steve ntt Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Streamside Annexation and Zoning - #55-02A APPLICANT: City of Fort Collins c/o Stephen Olt Current Planning P.O. Box 580 Fort Collins, CO. 80522-0580 OWNER: Cedar Pointe Land & Livestock LLC c/o Duane Lebsack, Manager 505 River Rock Circle Estes Park, CO. 80517 PROJECT DESCRIPTION: This is a request to annex and zone 73.67 acres located on the south side of East Vine Drive between Interstate 25 and County Road 5. Contiguity is gained along west property lines that abut the Peterson Annexation being evaluated concurrent to this request. The property is undeveloped and located in the FA1 - Farming District in Larimer County. The requested zoning for this annexation is UE - Urban Estate, which is consistent with the Structure Plan designation and is in conformance with the 1-25 Subarea Plan. RECOMMENDATION: Staff recommends approval of the annexation and recommends that the property be placed in the UE - Urban Estate Zoning District. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment would not be necessary should the Planning and Zoning Board recommend that this property be placed on the Residential Neighborhood Sign District Map because the property is already outside of Areas Not In The Sign District. EXECUTIVE SUMMARY: This is a voluntary annexation. The property satisfies the requirement that no less than one -sixth (1 /6) of the perimeter boundary be contiguous to the existing City boundary. This contiguity will be achieved upon annexation of the Peterson property to the west. The requested and recommended zoning of UE - Urban Estate is in compliance with the City's Structure Plan and the 1-25 Subarea Plan, Zoning Plan. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. PO. Box 580 Fort Collins, CO80522-0580 (970) 221-6750 PLANNING DEPARTMENT