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HomeMy WebLinkAboutFOX HILLS ANNEXATION AND ZONING - 36 93A AND B - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSATTACHMENT "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 Southwest Quarter of Section 33, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, Colorado, considering the North line of the Southeast Quarter of said Section 33 as bearing N89058'12"W is contained within the boundary lines which begin at a point which bears N89058'12"W 2656.37 feet, and again S00°56'00"W 522.51 feet from the East Quarter Corner of said Section 33, and run thence along the East line of said Southwest Quarter, S00056'00"W 2128.05 feet to the South Quarter Corner of said Section 33, thence along the South line of said Section 33, N89°40'39"W 607.46 feet; thence N00011'08"E 2566.99 feet along the East line of a roadway as described in Book 1899 at Page 636 to a point on the Southerly line of County Road 38-E; thence along said Southerly line, N85 000'00"E 272.87 feet; thence SOUTH 466.41 feet; thence EAST 361.97 feet to the point of beginning, containing 33.1707 acres, more or less. -5- ATTORNEY CERTIFICATION I, L)Auin q, -jaan attorney licensed to practice 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 the attached Annexation Petition 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 and own more than 50% of the land in said area, exclusive of streets and alleys. Signature /� f /7) ate -4- LEGAL DESCRIPTION OF REAL PROPERTY INCLUDED IN THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: A tract of land located in the Southwest Quarter of Section 33, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, Colorado, considering the North line of the Southeast Quarter of said Section 33 as bearing N89058'12"W is contained within the boundary lines which begin at a point which bears N89058'12"W 2656.37 feet, and again S00056'00"W 522.51 feet from the East Quarter Corner of said Section 33, and run thence along the East line of said Southwest Quarter, S00°56'00"W 2128.05 feet to the South Quarter Corner of said Section 33, thence along the South line of said Section 33, N89140'39"W 607.46 feet; thence N001 1 1'08"E 2566.99 feet along the East line of a roadway as described in Book 1899 at Page 636 to a point on the Southerly line of County Road 38-E; thence along said Southerly line, N85000'00"E 272.87 feet; thence SOUTH 466.41 feet; thence EAST 361.97 feet to the point of beginning, containing 33.1707 acres, more or less. � '�� ,e5�7L2a, Owner's S' nature Address City State Zip /o , /5� 17 3 Date -3- __4o -74Z Owner's Signature f 9 ca o C C-1 v 1.2d 3 g Address ' City State Zip Date 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's Tignature Subscribed and sworn to before me this day of JeCerrm be4Z, 199�,by L.S�e-pD en SiVs�n Witness my hand and official seal. My Commission expires: 9 r7 e--7L Notar Pu is -2- Pt tITION FOR ANNEXATION The undersigned hereby petition the Council of the City of Fort Collins, Colorado, for the annexation of an area, to be referred to as the Fox Hills Annexation to the City of Fort Collins. Said area, consisting of approximately 33.17+/- 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 31-12-104and 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, the petitioners consent pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of such property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. The petitioner and the City agree that Second Reading of the Annexation by City Council will not be scheduled until after Planning and Zoning Board review of a preliminary development plan for at least a portion of the area. The petitioner specifically reserves the right to withdraw this petition at any time prior to the Second Reading of the Annexation 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 said area. Furthermore, the petitioners request that said area be placed in the RF - Foothills Residential Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. No Text Fox Hills Annexation and Zoning - #36-93 A,B January 24, 1994 P & Z Meeting Page 3 (3) to five (5) units per acre. The remainder of the property must be permanently preserved as open space in a manner acceptable to the City. According to policies and agreements between the City of Fort Collins and Larimer County contained in the UGA Agreement, the foothills area, due to the environmental uniqueness of the area, is not appropriate for urban densities (three or more units per acre). The City's R-F Zone was specifically designed to be applied to properties near the foothills when they annexed into the City. Development in the R-F Zone is limited to single-family residential uses, schools, churches, and group quarters. Findings 1. 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 all criteria included in'State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On January 4, 1994, 1994, the City Council approved a resolution which accepts the annexation petition and determines that the petition is in compliance with State law. The resolution also initiates the 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 February 15, 1994. 4. The requested R-F, Foothills Residential District is in conformance with the policies of the City's Comprehensive Plan. STAFF Staff recommends approval of the annexation and requested zoning. Fox Hills Annexation and Zoning'- #36-93 A,B January 24, 1994 P & Z Meeting Page 2 Backaround: The applicant and owner, the Springfield Subdivision Sixth Filing, Joint Venture, has submitted a written petition requesting annexation of approximately 37.17 acres located west of Taft Hill Road and south of County Road 38E. The requested zoning is the R- F, Foothills Residential, District. The property is presently undeveloped. The property is currently zoned FA-1 in the County. This is a voluntary annexation. Although undeveloped, two subdivisions have been approved on the property by Larimer County. These subdivisions are the Fox Hills PUD First Filing and the Fox Acres PUD. The City Council approved off -site street waivers for these developments. A third development proposal is planned for the portion of the property which is unplatted and contiguous to the city limits. 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 County will not accept a development proposal for a property which is eligible for annexation according to State law. The property -owners were obligated to request annexation of the entire property since their previous development approvals contained an approval condition requiring annexation when eligible. 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 UGA Agreement, the City will consider the annexation of property in the UGA when the property is eligible for annexation according to State law. The property gains the required 1/6 contiguity to existing city limits from a common boundaries with the Taft Canyon Second Annexation to the east. The surrounding zoning and existing land uses are as follows: N: R, Residential, Springfield Subdivision E: R, Residential, Taft Canyon Subdivision S: FA-1, Westridge Estates Subdivision- W: FA-1, various exemptions and Minor Residential Developments (MRDs) The requested zoning for this annexation is the R-F, Foothills Residential District. The R-F District designation is for low density residential areas located near the foothills. As indicated above, portions of the property have been approved for single- family residential development by Larimer County. The balance of the property will probably develop under the Cluster Development option contained in the R-F Zone. The Cluster Development option allows a gross density of one (1) unit per acre with the units clustered together on portion of the property at a density of three ITEM NO. 11 MEETING DATE 1-24-94 STAFF Ken Waido City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Fox Hills Annexation and Zoning - #36-931 A and B APPLICANT: Springfield Subdivision Sixth Filing, Joint Venture c/o Cityscape Urban Design, Inc. 3555 Stanford Road, Suite 105 Ft. Collins, CO 80525 OWNER: Springfield Subdivision Sixth Filing, Joint Venture 213 Smokey Street Ft. Collins, CO 80526 PROJECT DESCRIPTION: Request to annex and zone approximately 37.17 acres located west of Taft Hill Road and south of County Road 38E. The requested zoning is the R-F, Foothills Residential, District. Staff recommends approval of the annexation and zoning request. EXECUTIVE SUMMARY: This is a request to annex and zone approximately 37.17 acres located west of Taft Hill Road and south of County Road 38E. The requested zoning is the R-F, Foothills Residential, District. The property is presently undeveloped. The property is currently zoned R, Residential in the County. This is a voluntary annexation. Although undeveloped, two subdivisions have been approved on the property by Larimer County. These subdivisions are the Fox Hills PUD First Filing and the Fox Acres PUD. A third development proposal is planned for the portion of the property which is contiguous to the city limits. The property - owners have decided to request annexation of the entire property, including the previously approved subdivisions. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT