HomeMy WebLinkAboutMAJESTIC ESTATES ANNEXATION & ZONING - ANX160003 - REPORTS - INITIATING RESOLUTIONATTACHMENT "C"
ATTORNEY CERTIFICATION
I, WG 114 ct P • 1-C IsIC d , an attorney licensed to practice in the State of
Colorado. hereby certify that, as of the date of icertificate, the signers of this Annexation Petition for
the area referred to as the Pjr jg S',b'a aCC Annexation to the City of
Fort Collins are the owners of real Ooperty 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.
April 2,014 � arc � �� 1126 7
Date gignature Attorney Reg. No.
STATE OF COLORADO
)ss.
COUNTY OF LARIMER
ATTACHMENT "B"
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
by
WITNESS my hand and official seal.
Commission Expiration
Circulator's Signature
day of
Notary Public
2
revised 3131108
ATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado, to -wit:
A PARCEL OF LAND BEING ALL OF LOT 3, THE AMENDED PLAT OF LOTS 1-4 OF THE LEISTIKOW M.R.D.
S-21-92 RECORDED UNDER RECEPTION NUMBER 20110055177 IN THE RECORDS OF THE LARIMER
COUNTY CLERK AND RECORDER, BEING FURTHER DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE SOUTH LINE OF THE NORTHWEST /. OF THE NORTHWEST '4 OF SECTION 17,
TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, ASSUMED TO BEAR S890
54'32"W A DISTANCE OF 1,325.03 FEET, AS SHOWN ON SAID AMENDED PLAT;
BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST X OF THE NORTHWEST X OF SECTION
17, SAID POINT BEING THE NORTHEASTERLY CORNER OF SAID LOT 3;
THENCE ON THE EASTERLY AND SOUTHERLY LINES OF SAID NORTHWEST X OF THE NORTHWEST X OF
SECTION 17 THE FOLLOWING TWO (2) COURSES:
1) S00°00'44 "E A DISTANCE OF 1323.93 FEET;
2) S89 "54'32"W A DISTANCE OF 865.03 FEET,•
THENCE N00009'18"E A DISTANCE OF 275.00 FEET;
THENCE S8905432"W A DISTANCE OF 52.21 FEET TO THE EASTERLY LINE OF THE LEISTIKOW
ANNEXATION TO THE CITY OF FORT COLLINS,
THENCE ON SAID EASTERLY LINE THE FOLLOWING FIVE (5) COURSES
1) N07"2224 "W A DISTANCE OF 175.33 FEET,
2)ON THE ARC OF A NON -TANGENT CURVE TO THE LEFT WHOSE CENTER BEARS N06°56'31 "W, HAVING
A RADIUS OF 528.00 FEET, A CENTRAL ANGLE OF 98002'18" AND AN ARC LENGTH OF 903.46 FEET,
3) N14 °58'49"W A DISTANCE OF 95.52 FEET;
4) N75 °01'11 "E A DISTANCE OF 126.44 FEET;
5)N00°04'00"E A DISTANCE OF 91.40 FEET TO THE SOUTHERLY LINE OF THE WESTCHASE ANNEXATION
NUMBER 2 TO THE CITY OF FORT COLLINS,
THENCE ON SAID SOUTHERLY LINE, 589"56'00"E A DISTANCE OF 394.92 FEET TO THE POINT OF
BEGINNING;
CONTAINING A CA494"WjEp AREA OF 868,230 SQUARE FEET OR 19.9318 ACRES.
Ck by JIB 18 April 201
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revised 3131106
(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'."
See Legal Description on Attachment 'A'
IN WITNESS WHEROF, I/we have executed this Petition for Annexation this _�nday of
` . 2"_(A_.
2"�
Petitio is/Own is Signatur
19 S'atln !' i A 51 JwVe, 500
Address
Petitioner's/Owner's Signature
Address
54�t I St C h.y(T Ss-4i l I _
CityState Zip City
State
Zip
ATTACHMENT 4
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
Majestic Place Annexation to the City of Fort
Collins. Said area, consisting of approximately nineteen & ninety-three hundredths ( 19,93) 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 (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 the UE Zone District pursuant to the Land Use Code of the City of Fort Collins.
,rvc:ed a�31108
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ATTACHMENT 1
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Majestic Place Annexationand Zoning
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Agenda Item 13
This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to
annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins
Intergovernmental Agreements.
CITY FINANCIAL IMPACTS
There are no City financial impacts associated with this request.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its
regular monthly meeting on June 9, 2016, and will make its recommendation at that time. The Board's
recommendation will be forwarded to the City Council in time for First Reading of the annexation and zoning
ordinances on July 19, 2016.
PUBLIC OUTREACH
There was no public outreach for this Initiating Resolution as this Resolution simply accepts the Annexation
Petition and provides a schedule for upcoming Council hearings with a schedule and notification requirements
that comply with state statutes.
ATTACHMENTS
1. Vicinity map(PDF)
2. Structure Plan map (PDF)
3. Zoning map(PDF)
4. Annexation petition (PDF)
Item # 13 Page 2
Agenda Item 13
STAFF
Seth Lorson, City Planner
SUBJECT
Resolution 2016-046 Finding Substantial Compliance and Initiating Annexation Proceedings for the Majestic
Place Annexation,
EXECUTIVE SUMMARY
The purpose of this item is initiate annexation proceedings for the Majestic Place property. The applicant,
Suburban Land Reserve Inc. c/o Mr.Kenneth Merritt, has submitted a written petition requesting annexation of
19.93 acres located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road) which is
presently vacant. The requested zoning for this annexation is Urban Estate, U-E. In accordance with the
Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer County, the City of
Fort Collins agrees to annex land that meets the minimum contiguity requirement, and based on a voluntary
petition to annex for the purpose of redeveloping the subject parcel.
This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to
annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins
Intergovernmental Agreements.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The proposed Resolution makes a finding that the petition substantially complies with the Municipal
Annexation Act, determines that a hearing should be established regarding the annexation, and directs that
notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and
zoning ordinances. Not less than thirty days of prior notice is required by state law.
The property is located within the Fort Collins Growth Management Area. According to policies and
agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental
Agreement for the Fort Collins Growth Management Area, the City will agree to consider annexation of
property in the GMA when the property is eligible for annexation according to State law.
The subject property gains the required one -sixth (16.66%) contiguity to existing City limits from two sides. As
a result, there is 41.5% of the total perimeter contiguous to the existing municipal boundary which exceeds the
required minimum.
Contiguity is gained in the following manner:
• North: Westchase Annexation No. 2, 157.9 acres, (2001), now known as the Westchase PUD.
• West: Leistikow Annexation, 15.7 acres, (2011), now part of the Fort Collins Colorado Temple (The
Church of Jesus Christ of Latter-day Saints).
Item # 13 Page 1
EXHIBIT A
NOTICE
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted
Resolution 2016-046 initiating annexation proceedings for the Majestic Place Annexation,
consisting of approximately 20 acres and generally located at 2150 Rock Castle Lane, Fort
Collins, Colorado, said Annexation being more particularly described in Resolution 2016-046.
That, on July 19, 2016, at the hour of 6:00 p.m., or as soon thereafter as the matter may
come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort
Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation
petition and zoning request for the purpose of finding and determining whether the property
proposed to be annexed meets the applicable requirements of Colorado law and is considered
eligible for annexation and for the purpose of determining the appropriate zoning for the property
included in the Annexation. At such hearing, any persons may appear and present such evidence
as they may desire.
The Petitioner has requested that the Property included in the Annexation be placed in the
Urban Estate (" U-E') Zone District.
The City of Fort Collins will make reasonable accommodations for access to City
services, programs and activities and will make special communication arrangements for persons
with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Dated this 7th day of June, A.D. 2016.
City Clerk
(1) A written legal description of the boundaries of the area proposed to be annexed;
(2) A map showing the boundary of the area proposed to be annexed;
(3) Within the annexation boundary map, a showing of the location of each ownership
tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat
numbers of plots or of lots and blocks;
(4) Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the annexing municipality and the contiguous boundary of any
other municipality abutting the area proposed to be annexed.
Section 5. That the Notice attached hereto as Exhibit "A" is hereby adopted as a part
of this Resolution. Said Notice establishes the date, time and place when a public hearing will be
held regarding the passage of annexation and zoning ordinances pertaining to the above
described property. The City Clerk is directed to publish a copy of this Resolution and said
Notice as provided in the Municipal Annexation Act.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of June, A.D. 2016.
ATTEST:
City Clerk
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Mayor Pro Tem
1) N07°22'24"W a distance of 175.33 feet;
2) on the arc of a non -tangent curve to the left whose center bears
N06°56'31"W, having a radius of 528.00 feet, a central angle of 98°02'18" and an
arc length of 903.46 feet;
3) N14°58'49"W a distance of 95.52 feet;
4) N7500I' 11 "E a distance of 126.44 feet;
5) N00004'00"E a distance of 91.40 feet to the southerly line of the Westchase
Annexation Number 2 to the City of Fort Collins;
Thence on said southerly line, S89°56'00"E a distance of 394.92 feet to the point of
beginning;
Containing a calculated area of 868,230 square feet or 19.9318 acres.
Section 3. That the City Council hereby finds and determines that the annexation
petition for the Majestic Place Annexation is in substantial compliance with the Municipal
Annexation Act in that the annexation petition contains the following:
(1) An allegation that it is desirable and necessary that such area be annexed to the
municipality;
(2) An allegation that the requirements of Colorado Revised Statutes sections 31-12-
104 and 31-12-105 exist or have been met;
(3) An allegation that the signers of the petition comprise more than fifty percent of
the landowners in the area and own more than fifty percent of the area proposed to be
annexed, excluding public streets and alleys and any land owned by the annexing
municipality;
(4) The signatures of such landowners;
(5) A request that the annexing municipality approve the annexation of the area proposed
to be annexed;
(6) The mailing address of each such signer;
(7) The legal description of the land owned by such signer;
(8) The date of signing of each signature; and
(9) The affidavit of the circulator of such petition that each signature therein is the
signature of the person whose name it purports to be.
Section 4. That the City Council hereby finds and determines that the annexation
map, four copies total, accompanying the annexation petition for the Majestic Place Annexation
is in substantial compliance with the Municipal Annexation Act in that the map contains the
following:
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RESOLUTION 2016-046
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND INITIATING
ANNEXATION PROCEEDINGS FOR THE MAJESTIC PLACE ANNEXATION
WHEREAS, a written petition, together with four (4) prints of an annexation map, has
been filed with the City Clerk requesting the annexation of certain property to be known as the
Majestic Place Annexation, as more particularly described below; and
WHEREAS, the City Council desires to initiate annexation proceedings for the Majestic
Place Annexation in accordance with the Municipal Annexation Act, Section 31-12-101, et seq.,
Colorado Revised Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby accepts the annexation petition for the
Majestic Place Annexation, more particularly described as situate in the County of Larimer, State
of Colorado, to wit:
A tract of land situate in the County of Larimer, State of Colorado, to -wit:
A parcel of land being all of lot 3, the amended plat of lots 1-4 of the Leistikow
M.R.D. S-21-92 recorded under reception number 20110065177 in the records of the
Larimer County Clerk and Recorder, being further described as follows:
Basis of bearings: the south line of the northwest 1 / 4 of the northwest 1/4 of
Section 17, Township 6 North, Range 68 west of the 6th Principal Meridian,
assumed to bear S89° 54'32"w, a distance of 1,325.03 feet, as shown on said
amended plat;
Beginning at the Northeast comer of said Northwest 1 /4 of the Northwest 1 /4
of Section 17, said point being the northeasterly corner of said Lot 3;
Thence on the easterly and southerly lines of said Northwest 1 /4 of the Northwest
1 /4 of Section 17 the following two (2) courses:
1) S00°00'44"E a distance of 1323.93 feet;
2) S89154'32"W a distance of 865.03 feet;
Thence N00°09' 18"E a distance of 275.00 feet;
Thence S89°54'32"W a distance of 52.21 feet to the easterly line of the Leistikow
Annexation to the City of Fort Collins;
Thence on said easterly line the following five (5) courses
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