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HomeMy WebLinkAboutCOLORADO NATURE CENTER FOURTH - ANNEXATION & ZONING - 29-89, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSSTAFF REPORT PROJECT: Colorado Nature Center Fourth Annexation and Zoning - #29-89, A APPLICANTS: State Board of Agriculture OWNERS: Same Room 202 Administration Bldg. Colorado State University Fort Collins, CO 80523 PROJECT DESCRIPTION: Request to annex and zone approximately 9.4 acres located east of County Road 9 and south of East Drake Road (extended). The requested zoning is the T-Transition District. RECOMMENDATION: Staff recommends approval of the annexation and zoning request. EXECUTIVE SUMMARY: This is a request to annex and zone approximately 9.4 acres located east of County Road 9 and south of East Drake Road (extended). The requested zoning is the T-Transition District. The property is presently undeveloped. The property is currently zoned FA-1, Farming District in the County. This is a voluntary annexation. DEVELOPMENT SERVICES 300 LaPorte Ave. P.O. Box 580 Fort Colfins, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT Colorado Nature Center Fourth Annexation & Zoning - #29-89,A August 28, 1989 P & Z Meeting Page 1 Background: The applicant and owner, Colorado State University, has submitted a written petition requesting annexation of approximately 9.4 acres located east of County Road 9 and south of East Drake Road (extended). The requested zoning is the T-Transition District. The property is presently undeveloped. The property is currently zoned FA-1, Farming District in the County. This is a 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 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 boundary with the Colorado Nature Center Second Annexation to the north. The surrounding zoning and existing land uses are as follows: N: T-Transitional; nature center natural area. E: FA-1, Farming; undeveloped. S: FA-1 Farming; gravel pit. W: T-Transition; undeveloped. The requested zoning for this annexation is the T-Transition District. The Transition District designation is for properties in transition as to their ultimate use. The property will probably not develop in the foreseeable future. It will remain a part of the Norther Colorado Nature Center natural area. As with other Colorado State University properties annexed into the City, the petitioner specifies as a condition of the proposed annexation that the proposed annexation in no sense shall be interpreted as: 1. Conveying to said City any right, title, or interest in the property so annexed. 2. Conveying any right to establish new streets or extend existing streets upon or across said property; or to construct utility lines of any kind upon or across said property. 3. Granting any right to apply the provisions of any municipal ordinance, and specifically any building code, zoning code, or licensing ordinance, upon the property so long as title thereof shall remain in the State Board of Agriculture and the property continues to be used for educational, research, extension and related support services. Colorado Nature Center Fourth Annexation & Zoning - #29-89,A August 28, 1989 P & Z Meeting Page 2 Provided, however, that the jurisdiction of the City of Fort Collins shall extend over the property annexed in so far as it relates to the application of: a. City traffic ordinances; b. City ordinances relating to police enforcement of the traffic code, City ordinances relating to offenses against the person, offenses against public peace, offenses relating to morals, offenses relating to public health, and safety. 4. The jurisdiction of the Municipal court is extended to include violations of ordinances included in the foregoing items 1 and 2 of this paragraph occurring on the lands so annexed; providing, however, that nothing contained in the annexation ordinances shall be construed to limit the authority of the University officials, to exercise the authority provided in C.R.S. 23-5-106 and C.R.S. 23-5-107. 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 June 20, 1989, 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 September 5, 1989. 4. The requested T-Transition District is in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends approval of the annexation and requested zoning. ITEM COLORADO NATURE CENTER 4th - Annexation &Zoning NUMBER 29-89 29-89A 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 Colorado Nature Center Fourth Annexation to the City of Fort Collins. Said area, consisting of a total of approximately 9.43 acres is more particularly described on Exhibit "A" attached hereto. 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. 1973, 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 proposed to be annexed is integrated with or capable of being integrated with the City of Fort Collins. 6. 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. Petitioner specifies as a condition of the proposed annexation that the proposed annexation in no sense shall be interpreted as: 1. Conveying to said City any right, title, or interest in the property so annexed. 2. Conveying any right to establish new streets or extend existing streets upon or across said property; or to construct utility lines of any kind upon or across said property. 3. Granting any right to apply the provisions of any municipal ordinance, and specifically any building code, zoning code, or licensing ordinance, upon the above described property so long as title thereof shall remain in the State Board of Agriculture and the property continues to be used for educational, research, extension and related support services. Provided, however, that the jurisdiction of the City of Fort Collins shall extend over the property annexed in so far as it relates to the application of: a. City traffic ordinances; b. City ordinances relating to police enforcement of the traffic code, City ordinances relating to offenses against the person, offenses against public peace, offenses relating to morals, offenses relating to public health, and safety. 4. The jurisdiction of the Municipal court is extended to include violations of ordinances included in the foregoing items 1 and 2 of this paragraph occurring on the lands so annexed; providing, however, that nothing contained in the annexing ordinances shall be construed to limit the authority of the University officials, to exercise the authority provided in C.R.S. 23- 5-106 and C.R.S. 23-5-107. This petition may be signed in counterparts by each petitioner hereto and all such counterparts shall constitute one agreement. OWNER: Je./ /-0 Date STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) STATE BOARD OF AGRICULTURE Richard L. Robinson, President Room 202 Administration Building Colorado State University Fort Collins, Colorado 80523 Subscr'bed and sworn to before me this 1-7— day of , 1989 by �dr oY �i-loc.....,•� My commission expires: /-2/n/9/ Notary Ptolic ATTORNEY CERTIFICATION I, �'��• an attornev license(! zy to practice in the tc of Colorado, iicrcbv certify that I have exanilncd the records of the Clerk and Recorder of Larimer County, Colorado, and have verified that the signers of the attached Annexation Petition arc owners of real property in the area proposed for annexation. --urthcrmorc, I certify that said owners constitute more than 50910 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. ignat c Dat ' -4- � w® r ijte��l�ii�� d6 g r. smmH r���Crs. `M VICINITY MAP LEGAL DESCRIPTION A TRACT OF LAND SITUATE IN THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, WHICH CONSIDERING THE NORTH LIN OF THE NORTHWEST QUARTER OF SAID SECTION 28 AS BEARING S89 00' 38"E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE NORTHWEST CORNER OF SAID SECTION 28 THENCE RUN S89 00' 38"E 740.00' ALONG SAID NORTH LINES THENCE S89 00' 38"E 1370.0 THENCE SOO 59' 22"W 300.00'j THENCE N89 00' 38"W 1370.00'j THENCE NOO 59' 22"E 300.00' TO THE TRUE POINT OF BEGINNING. CONAT.INING 9.4353 ACRES.