HomeMy WebLinkAboutNEWTON FIRST & SECOND ANNEXATION PETITION - ANX170001 - SUBMITTAL DOCUMENTS - ROUND 4 - MEMO / A & Z PUBLIC HEARINGSPlanning, Development, and
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281 North College Ave.
PO Box 580
Fort Collins, CO 80522
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MEMORANDUM
TO: Carrie Daggett, City Attorney
Brad Yatabe. City Attorney
Wanda Winkelmann, City Clerk
Sara Gonzales, City Clerk
FROM: Ted Shepard, Chief Planner
Kai Kleer, Associate Planner
DATE: June 6, 2017
SUBJECT: Scheduling of Public Hearings before the City Council – Newton First and
Newton Second Annexation
Listed below are the key public hearing dates and other pertinent information for the
specifically described project.
A. Project Name: Newton First and Newton Second
B. Project Number: ANX170001
C. Request: Annexation and Initial Zoning to the Urban Estate (UE), zone district.
D. Type of Annexation: Landowner Petition
E. Petition and Legal Description Attached: Yes
F. Planning and Zoning Board Hearing Date: July 20, 2017
Recommendation:
_______ Approval by a Vote of _______
_______ Conditional Approval by a Vote of _______
_______ Denial by a Vote of _______
G. Public Hearing Dates before the City Council
a. Resolution Finding Significant Compliance: July 18, 2017
b. Public Hearing and First Ordinance Readings: September 5, 2017
c. Public Hearing and Second Ordinance Readings: September 19, 2017
d. Effective Date of Annexation (10 days after Second Reading): September
19, 2017
H. Districts providing service in the area to be annexed which
must be notified by the City Clerk by certified mail of the annexation request no
later than 25 days before the Public Hearing on the annexation:
a. _x_ Poudre R-1 School District
b. ___ Thompson R2-J School District
c. _x_ Poudre Fire Authority
d. _x_ Health District of Northern Larimer County
e. _x_ Larimer County Pest Control District
f. _x_ City of Fort Collins Water Utility
g. _x_ City of Fort Collins Wastewater Utility
h. ___ Boxelder Sanitation District
i. ___ Cherry Hills Sanitation District
j. ___ Mountain View Sanitation District
k. ___ South Fort Collins Sanitation District
l. ___ East Larimer Water District
m. ___ Fort Collins-Loveland Water District
n. _x_ Northern Colorado Water Conservancy District
o. _x_ Poudre River Public Library District
p. _x_ Northern Colorado Water Association (P.O. Box 415, Wellington, CO.
80549)
q. ___ West Fort Collins Water District
r. _x_ Public Service Company/Xcel Energy
s. _x__ Poudre Valley REA, Inc.
I. Project Address Area to be annexed in located within the Growth Management
Area (GMA)
_x_ Yes ___ No
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
Newton First and Newton Second Annexation to the City of Fort
Collins. Said area, consisting of approximately 63 000 SF (1.446) 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.
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(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 day of
2.
Petitioner's/Owner's Signature Petitioner's/Owner's Signature
1516W. Vine Drive
1516W. Vine Drive
Address
Address
Fort Collins Colorado
80524 Fort Collins
Colorado 80524
City State
Zip City State
Zip
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ATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
revised 3/31/08
J R ENGINEERING
:.trfl Company
NEWTON FIRST ANNEXATION
PROPERTY DESCRIPTION
A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER,
STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 7
NORTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, ASSUMED TO BEAR S89 00248'E.
COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE
69 WEST OF THE 6TH P.M..
THENCE ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3, S89°0248"E A
DISTANCE OF 264.53 FEET:
THENCE DEPARTING SAID SECTION LINE, N0O°5712E A DISTANCE OF 30.00 FEET, TO A POINT ON
THE NORTHERLY RIGHT-OF-WAY LINE OF VINE DRIVE AND THE NORTHERLY LINE OF THE LINCOLN
JUNIOR HIGH SCHOOL SECOND ANNEXATION, SAID POINT BEING THE POINT OF BEGINNING:
THENCE N12°2925'E A DISTANCE OF 125.00 FEET:
THENCE S10°3502"E A DISTANCE OF 125.00 FEET, TO A POINT ON SAID NORTHERLY LINE:
THENCE ON SAID NORTHERLY LINE, N89 002'48WA DISTANCE OF 50.00 FEET, TO THE POINT OF
BEGINNING.
CONTAINING A CALCULATED AREA OF 3,062 SQUARE FEET OR 0.0703 ACRE.
PROPERTY DESCRIPTION STATEMENT
I, JARROD ADAMS. A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO. DO HEREBY
STATE THAT THE MAP HEREIN IS A CORRECT DELINEATION OF THE DESCRIBED PARCEL OF LAND
AND THAT IT IS CONTIGUOUS TO THE CITY OF FORT COLLINS, COLORADO AND MEETS THE
REQUIREMENTS SET FORTH IN COLORADO REVISED STATUTES 1973, 31-12-104-(1) (a) THAT ONE-
SIXTH (1/6) OR MORE OF THE PERIMETER TO BE ANNEXED IS CONTIGUOUS WITH THE ANNEXING
MUNICIPALITY.
CONTIGUITY STATEMENT
• TOTAL PERIMETER OF AREA CONSIDERED FOR ANNEXATION = 300.00 FEET.
• ONE-SIXTH OF TOTAL PERIMETER OF AREA = 50.00 FEET.
• PERIMETER OF THE AREA CONTIGUOUS WITH EXISTING TOWN LIMITS = 50.00 FEET.
THE TOTAL CONTIGUOUS PERIMETER IS 16.67%, WHICH MEETS THE ONE-SIXTH (1/6) AREA
REQUIRED.
JARROD ADAMS, PROFESSIONAL LAND SURVEYOR
COLORADO NO. 38252
FOR AND ON BEHALF OF JR ENGINEERING, LLC
J R ENGINEERING
NEWTON SECOND ANNEXATION
PROPERTY DESCRIPTION
A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER,
STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 7
NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, ASSUMED TO BEAR S89 00248"E.
COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE
69 WEST OF THE 6TH P.M.,
THENCE ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3, S89°0248E A
DISTANCE OF 264.53 FEET;
THENCE DEPARTING SAID SECTION LINE, N00°5712"E A DISTANCE OF 30.00 FEET, TO A POINT ON
THE NORTHERLY RIGHT-OF-WAY LINE OF VINE DRIVE, THE NORTHERLY LINE OF THE LINCOLN
JUNIOR HIGH SCHOOL SECOND ANNEXATION. AND THE WESTERLY LINE OF NEWTON FIRST
ANNEXATION, SAID POINT BEING THE POINT OF BEGINNING;
THENCE DEPARTING SAID LINES THE FOLLOWING FIVE (5) COURSES:
1. N00°4922E A DISTANCE OF 60.00 FEET:
2. N89 0 0248'WA DISTANCE OF 150.00 FEET:
3. N00 049'22'E A DISTANCE OF 300.00 FEET;
4. S89°0248'E A DISTANCE OF 200.00 FEET;
5. S00 04922W A DISTANCE OF 360.00 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY
LINE OF VINE DRIVE, THE NORTHERLY LINE OF THE LINCOLN JUNIOR HIGH SCHOOL SECOND
ANNEXATION, AND THE EASTERLY LINE OF NEWTON FIRST ANNEXATION;
THENCE ON SAID EASTERLY LINE, N10°35'02'WA DISTANCE OF 125.00 FEET;
THENCE ON THE WESTERLY LINE OF SAID NEWTON FIRST ANNEXATION, S12°2925W A DISTANCE
OF 125.00 FEET, TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 59,938 SQUARE FEET OR 1.3760 ACRES.
CONTIGUOUS TO THE CITY OF FORT COLLINS, COLORADO AND MEETS THE REQUIREMENTS SET
FORTH IN COLORADO REVISED STATUTES 1973. 31-12-104-(1) (a) THAT ONE-SIXTH (1/6) OR MORE
OF THE PERIMETER TO BE ANNEXED IS CONTIGUOUS WITH THE ANNEXING MUNICIPALITY.
CONTIGUITY STATEMENT:
TOTAL PERIMETER OF AREA CONSIDERED FOR ANNEXATION = 1,320.00 FEET.
ONE-SIXTH OF TOTAL PERIMETER OF AREA = 220.00 FEET.
PERIMETER OF THE AREA CONTIGUOUS WITH EXISTING TOWN LIMITS = 250.00 FEET.
THE TOTAL CONTIGUOUS PERIMETER IS 18.94%, WHICH EXCEEDS THE ONE-SIXTH (1/6) AREA
REQUIRED.
JARROD ADAMS, PROFESSIONAL LAND SURVEYOR
COLORADO NO. 38252
FOR AND ON BEHALF OF JR ENGINEERING. LLC
7200 S. ALTON WAY SUITE C400
CENTENNIAL CO. 80112
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's Signature
Subscribed and sworn to before me this - day of 261l
by 4 AJ)1b1V
WITNESS my hand and official seal.
03/hf 2q21
Commission Expiration
EMILY M THIELKE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174011556
MY COMMISSION EXPIRES 03/17/2021
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ATTACHMENT "C"
ATTORNEY CERTIFICATION
4. , an attorney licensed to practice in the State of
Colorado, hereby certify that, as of the date of this certificate. the signers of this Annexation Petition for
the area referred to as the Newton First & Newton Second 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.
7 z 7
Date / Signature Attorney Reg. No.
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