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HomeMy WebLinkAboutRUFF ANNEXATION - 25-98 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSATTACHMENT "D" RUFF ANNEXATION Statement of Principles and Policies The proposed Ruff 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; consistent with the existing zoning and land uses 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. 0 ATTACHMENT "C" ATTORNEY CERTIFICATION GENE E.. F{SCKR I P. Q, BOX 506 , an attorney licensed to practice in the State of Colorado, hereb ave 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 Ruff 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. I�- 19 Date -5- /67" Attorney Reg. ATTACHMENT "B" (THE COMPLETED FORM HAS BEEN SUBMITTED DIRECTLY TO PAUL ECKMAN) STATE OF COLORADO ) ) SS. COUNTY OF LARIMER ) by 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 , 1998, WITNESS my hand and official seal. Commission Expiration ME 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 located in the East Half of Section 5 and the West Half of Section 4, Township 6 North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado, being more particularly described as follows: Considering the West line of the Southeast Quarter of said Section 5 as bearing North 00 46' 33" West with all bearings contained herein relative thereto: BEGINNING at the Center Quarter corner of said Section 5; thence along the West line of the Northeast Quarter of said Section, North 00 46'58" West, 198.30 feet; thence, South 89 44' 14" East, 2705.21 feet to a point on the East Right-of-way line of County Road No. 9; thence along said East Right-of-way line, South 01 27'42" East, 197.11 feet; thence continuing along said East Right-of-way line, South 01 24'57" East, 627.62 feet; thence, North 88 12'51" West, 388.58 feet; thence, South 00 08'21" West, 519.34 feet; thence, South 89 54'57" East, 113.20 feet to the Northwest corner of that parcel described in Book 1264 at Page 300; thence along the West line thereof, South 01 24'57" East, 654.53 feet to a point on the North line of that parcel described in Book 2212 at Page 0600; thence along the Northerly line thereof by the following Twelve (12) courses and distances, North 79 41'32" West, 370.98 feet; thence, South 73 39'53" West, 260.98 feet; thence, North 82 05'57" West, 200.63 feet; thence, North 54 53'37" West, 115.82 feet; thence, North 66 42' 12" West, 133.72 feet; thence, South 88 20'38" West, 128.89 feet; thence, North 22 08'37" West, 71.12 feet; thence, North 65 09'47" West, 119.57 feet; thence, North 73 38' 17" West, 289.66 feet;- thence, South 65 09'43" West, 439.76 feet; thence, North 58 23'27" West, 322.36 feet; thence, North 75 11'42" West, 202.65 feet to a point on the West line of said Southeast Quarter; thence along said West line, said line also being the East line of Stetson Creek P.U.D., Third Filing, North 00 46'33" West, 1430.43 feet to the POINT OF BEGINNING. The above described tract of land contains a net area of 106.157 acres more or less and is subject to all easements and rights -of -way now on record or existing. -3- 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, I/we have executed this Petition for Annexation this 1 / day of ,1998. Petitioner's/Owner's Sikdhture Address F -0- City State Zip -2- Petitioner's/O�wner's Sig e , Rdq Address F. l��ll�s d City State Zip 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 Ruff Annexation to the City of Fort Collins. Said area, consisting of approximately one hundred six and sixteen one -hundredths (106.16+/-) 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. 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 de RUFF ANNEXATION POUDFiM A T T To im a" w Pare Gw T — wc"w 6 Aw A SCHOOL OP 4 �4. ROM In TM PlwIaPAL MEN �T W LVEM OTA79 (W c •)VT -------------------------------------- .L7dtr .......... rpaOF ANu. YeGFLMOY OAR T KP� I MfOr 1, ZZPA 4 Vl. YES ItI #HE AR_Bp .oWt4 R R, OUP ------------ ---------- .;r32 ------ � PI .WIi W(V( S PA ;Ion No Text G Ruff Annexation and Zoning, #25-98 July 16, 1998 P & Z Meeting Page 3 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 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: 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 July 21, 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 18, 1997. 4. The LMN - Low Density Mixed Use Neighborhood Zoning District is appropriate for this site based on adjacent zoning, existing land uses, and the location fronting on South College Avenue. 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 is recommending 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. Ruff Annexation and Zoning, #25-98 July 16, 1998 P & Z Meeting Page 2 The property is partially developed as a homestead (plus large fields of crops) and is in the FA-1 Farming Zoning District in Larimer County. The requested zoning in the City is LMN - Low Density Mixed Use Neighborhood. The property is developed and it is in the FA-1 Farming Zoning District in Larimer County. This is a 100% voluntary annexation. Staff is recommending that the property be placed in the LMN - Low Density Mixed Use Neighborhood Zoning District. Background: The applicant, WoodCraft Homes, Inc., c/o Cityscape Urban Design, Inc, on behalf of the property owners, Ron and Paula Ruff, has submitted a written petition requesting annexation of 106.16 acres located on the west side of County Road 9, south of East Harmony Road, north of County Road 36, and east of Timberline Road. The property is currently functioning as a homestead and farmland. 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 complies with State regulations by meeting the requirement for 1/6 contiguity to existing City limits. This occurs through common boundaries with the South Harmony Annexation (February, 1986) to the north and west. The surrounding zoning and land uses are as follows: N: RL; existing residential, schools (Wildwood Farms, Preston Junior High, 1999 Elementary) 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) Analysis: The requested zoning for this annexation is the LMN - Low Density Mixed Use Neighborhood 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, a part of the Comprehensive Plan, suggests that a Low Density Mixed Use Residential Neighborhood is appropriate in this location. ITEM NO. 12 MEETING DATE 7-16-98 STAFF Steve Olt PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Ruff Annexation and Zoning - #25-98 APPLICANT: WoodCraft Homes, Inc. c/o Cityscape Urban Design, Inc. 3555 Stanford Road, Suite 105 Fort Collins, CO. 80525 OWNER: Ron Ruff 5117 South County Road 9 Fort Collins, CO. 80525 PROJECT DESCRIPTION: This is a request to annex and zone 106.16 acres located on the west side of County Road 9, south of East Harmony Road, north of County Road 36, and east of Timberline Road. Preston Junior High School and Harmony Park are adjacent along the north property line, and the Stetson Creek residential development is adjacent along the west property line. The property is partially developed as a homestead (plus large fields of crops) and is in the FA-1 Farming Zoning District 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 is recommending 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: This is a request to annex and zone 106.16 acres located on the west side of County Road 9, south of East Harmony Road, north of County Road 36, and east of Timberline Road. Preston Junior High School and Harmony Park are adjacent along the north property line, and the Stetson Creek residential development is adjacent along the west property line. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT