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HomeMy WebLinkAboutHEARTHFIRE PUD, 2ND FILING - FINAL ..... ROUND OF REVIEW 8 - 31-95E - LEGAL DOCS - LEGAL COMMUNICATIONV - . January 21, 1997 WHEREFORE, said petitioner requests that the Council of the City of Fort Collins approve the annexation of said area. Furthermore, the petitioner requests that said area be placed in an appropriate zoning district, to be determined by the Council of the City of Fort Collins, pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. ,COLORADO By: Yard of County Commis io ers arimer County Courthouse 200 West Oak Street Fort Collins, CO. 80524 Da (SEAL) ATTEST: Sherry E. G v , Deputy County Clerk PETITION FOR ANNEXATION The undersigned hereby petitions the Council of the City of Fort Collins, Colorado for the annexation of an area to be referred to as the North County Road 13 Annexation to the City of Fort Collins. Said area, consisting of approximately 0.83 acres, is more particularly described and shown on Exhibit "A" attached hereto and incorporated herein by reference. The petitioner alleges: 1. 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. • Paul Eckman, Esq. December 31, 1996 Page 2 Please let me know if you have any questions. Otherwise, I will proceed as indicated in this and my earlier letter to you. Sincerely, MARCH 6 MYATT, P.C. By: Lu7a A. Li ey LAL/glr cc: Bill Yunker Craig Hash Tom Dugan Brian Shear Kerrie Ashbeck AATML'A C. MARCI . JR AAMSCT G. MYATT 006CAT W.•RANOCS. JR. AICMAAO S. GAST LUC:IA A. LILCY J. BAAOICAO MARCH LIMO^ S- MILLCR JC/IACY J. JOI-•NSON MATTMCW J OOUGLAS MARCH Sc _XY_XTT, P.C. ATTORNEYS AN!3 _OUN�GLCR$ AT LAW 410 CAST OAK STRCCT PORT COLLLNS. COLORADO 80524 2880 (2701 482_4322 Paul Eckman, Esq. City Attorneys Office City of Fort Collins 300 Laporte Avenue Fort Collins, Colorado TCLCCOAICA 1970) 482-3038 December 31, 1996 RE: Hearthfire PUD Road Annexations Dear Paul: As a follow-up to my earlier letter to you County Road 13 and Hearthfire Way, I have since conversations with County staff about these need to relate to you. ARTI.UR C .1 AACM �909-•90• MAILING AOOACSS. 00 SOX A89 TORT COLLINS. CO 80522-OA89 VIA HAND DELIVERY concerning annexing had some additional annexations which I Rex Burns has asked me to prepare an annexation petiticn for County Road 13 for signature by the Board of County Commissioners. He will obtain that signature, and I will submit the signed petition to the City Planning Department to hold until after final approval as we discussed. In connection. with ,the .annexation of Hearthfire Way, Rob Helmick (a County Planner who had not been Involved with my earlier discussions with Rex and Jeannine Haag) would like the developer to submit an amended exemption -application -to take care of any potential subdivision issue since Hearthfire Way bisects a 37-acre tract of land. FAs a condition of the exemption request, he wants a commitment from the developer that the 37-acre bisected parcel will be developed for no more than one principal use. This has already been agreed to between the developer and the neighborhood, so this request is not a change. I will prepare the exemption request, have it signed by the developer along with the annexation documents for Hearthfire Way and submit all of the signed documents to the City Planning Department to be handled as discussed in my earlier letter. Paul Eckman Esq. December 19, 1996 Page 2 with a letter accompanying the petition stating that the City has permission to date the petition after final approval and closing on the property. I will also prepare a dedication deed for this off - site property, conveying it to the City for use as a public street. I will use the same procedure for this document as that for the annexation petition. If you have any questions or wish to add anything to the above -described process, please let me know as soon as possible. Thanks for your help. Sincerely, By LAL/glr cc: Bill Yunker Craig Hash Tom Dugan Brian Shear MARCH & MYATT, P.C. A ATM U R C. MARC., J R RAMSCY D. MYATT ROIIICRT W. 80" OCS. JR. IRICMARD S. OAST LUCIA A. LILCY J. •NAOFORO MARCH LINO^ S. MILLER JEFFREY J. JOMNSON MATTMCW J. DOUGLAS -I ABCE1 & `tYATT. P.C. ATTORNEYS AND COUNSELORS AT LAW 110 CAST OAK STREET FORT COLLSVS. COLORADO 80924-2880 (970) A62--322 TCLCCO/ICR 19701 482-3039 December 19, 1996 Paul Eckman, Esq. City Attorney's office City of Fort Collins 300 Laporte Avenue Fort Collins, Colorado RE: Hearthfire PUD Road Annexations Dear Paul: A R T w U R C. "AMC. ISOO-19e1 MAILING ADORCSS: 0 0. SOIL 469 FORT COLLINS. CO 15OS22-OA69 VIA HAND DELIVERY The final documents for Hearthfire PUD have now been filed with the City, and this matter is tentatively scheduled for the January Planning and Zoning Board meeting. This letter is to confirm our earlier discussion regarding the procedure for annexation of Hearthfire Way and a portion of County Road 13. As you may recall, Hearthfire PUD is adjacent to a portion of County Road 13, which is a Larimer County public road. Hearthfire Way is currently undeveloped property located in the County which will be improved by the developer as a public street, providing access from Hearthfire PUD to Douglas Road. We agreed to attempt to get an annexation petition signed by Larimer County for the annexation of that portion of County Road 13 adjacent to Hearthfire PUD. I have spoken with Rex Burns in County Engineering, and he has confirmed that the County is in favor of this annexation. I am preparing the petition and map which Rex will review and then forward to the Board of County Commissioners for execution. We will submit the signed petition to the Planning Department, and the City is then free to annex it whenever it chooses. As agreed, I am also preparing an annexation petition and map for Hearthfire Way which will need to be annexed in concurrent segments because of the one -sixth contiguity requirement. It makes no sense to annex this property for a future local street to service the development unless Hearthfire PUD is given final approval by the Planning and Zoning Board. Since this property is under an option contract and will not be purchased by the developer until after Planning and Zoning Board final approval, the developer will sign, but not date, the petition. I will provide your office MARCH, LILEY & OLIVE, P.C. ARTHUR E. MARCH, JR. ATTORNEYS. AND COUNSELORS AT LAW LUCIA A. LILEY 110 E. OAK STREET J. BRADFORD MARCH FORT COLLINS, COLORADO 80524-2880 STEWART W. OLIVE (970) 482-4322 Fax (9701482-5719 September 28, 2001 Steve Olt, Project Planner Current Planning Department City of Fort Collins 281 N. College Avenue Fort Collins, CO 80521 Re: Hearthfire PUD, 2"d Filing, #31-95E, North County Road 13 Annexation Dear Steve: ARTHUR E. MARCH 190&1981 On page 1 of the Staff Project Review provided to PineCrest Planning & Design, LLC on July 3, 2001, you inquire about the "North County Road 13 Annexation." The Hearthfire PUD 2nd Filing (the "Second Filing") is adjacent to a portion of North County Road 13 ("NCR 13"). As you stated, the east half of NCR 13 was annexed into the City with the Country Club North Second Annexation. The west half remains in Larimer County ("County"). Following approval of the Hearthfire PUD preliminary plans in September of 1996 and numerous discussions with the engineering departments and legal counsel for both the City and the County, the Developer of the Hearthfire PUD "agreed to attempt to get an annexation petition signed by Larimer County for annexation of that portion of County Road 13 adjacent to Hearthfire PUD" for the City's processing "whenever it chooses." Please see copies of my letters to Paul Eckman dated December 19 and December 31, 1996. We prepared an annexation petition which was signed by Jim Disney, as Chair of the Board of County Commissioners, on January 23, 1997, and submitted to Michael Coley of the City's Engineering Department. Please see a copy of the original petition signed by Jim Disney. Because Mr. Disney's signature on the annexation petition is now too old to comply with the annexation statute, we are attempting to obtain the signature of Kathay Rennels, the current Chair of the Board of County Commissioners. Since, however, the submission of an annexation petition for NCR 13 was not a condition of the preliminary approval, we request that the comment regarding the NCR 13 annexation be deleted from the staff comments so as not to prevent the Second Filing from being scheduled for hearing. LAL/nth enclosures cc: Thomas J Sincerely, Dugan, PineCrest Planning & Design, LLC