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HomeMy WebLinkAboutHIGHWAY 14 EAST THIRD ANNEXATION & ZONING - 25-89, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM Nn 5 PLANNING AND ZONING BOARD MEETING OF ,Tune 26,, 1989 STAFF REPORT PROJECT: Highway 14 East Third Annexation and Zoning - #25-89A APPLICANT: State Department of Highways OWNER: Same Division of Highways State of Colorado By: Robert L. Clevenger Chief Engineer PROJECT PLANNER: Linda Ripley PROJECT DESCRIPTION: Request to annex and zone approximately 2.6 acres of Highway 14 right of way located east of the Wastewater Treatment Plant. The requested zoning is the RC River Corridor District. RECOMMENDATION: Staff recommends approval of the annexation and zon- ing request. EXECUTIVE SUMMARY: This is a request to annex and zone approximately 2.6 acres of Highway 14 right of way located east of the Wastewater Treatment Plant. The requested zoning is the RC River Corridor District. This is a voluntary annexation. DEVELOPMENT 300 LaPorte Ave. • P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221-6750 SERVICES, PLANNING DEPARTMENT Highway 14 East Third 7ffinex. and Zoning - #25-89A P & Z Meeting - June 26, 1989 Page 2 COMMENTS Background: The State Department of Highways being the applicant and the owner, has submitted a written petition requesting annexation of approximately 2.6 acres of Highway 14 right of way located east of the Wastewater Treatment Plant. 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 annexing 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 First Fisher-Lemay Annexation to the east. The requested zoning for this annexation is the RC River Corridor District. The RC District designation is for areas developing in the Downtown River Corridor of the Cache La Poudre River. The property is the existing Highway 14 roadway and associated right of way on both sides. State law requires that when property is annexed it is given a zoning designation. The RC River Corridor District designation is consistent with adjacent properties. 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 all criteria included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On July 18, 1989, the City Council will hear 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 RC River Corridor District is in conformance with the poli- cies of the City's Comprehensive Plan. STAFF RECOMMENDATION Staff recommends approval of the annexation and requested zoning. • :1 2 : a • • PETITION 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 Hiehway 14 East Third Annexation to the City of Fort Collins. Said area, consisting of approximately 2.6348 acres, is more particularly described on Exhibit "A", attached hereto. The petitioners allege: 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. 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. 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 place in the RC River Corridor Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. 12 APR 1oa M IiLJ;7 J i C, . N elc` 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' nature Subscribed and sworn to before me this fn day of 19 b Y Witness my hand and official seal. My Commission expires: l ot*ublic -2- 0 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 SITUATE IN SECTIONS 7 AND 18, TOWNSHIP 7 NORTH RANGE 68 WEST, AND IN SECTIONS 12 AND 13, TOWNSHIP 7 NORTH RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, WHICH CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12 AS BEARING N89 56' 40"W AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SOUTHEAST CORNER OF SAID SECTION 12 AND RUN THENCE S00 24' 20"W 175.00' TO THE TRUE POINT OF BEGINNING, THENCE N89 56' 40"W 129.15', THENCE N00 49' 39"E 250.13', THENCE S89 56' 40"E 127.13' TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12, THENCE S89 55' 02"E 327.58', THENCE SOI 08' 08"E 250.00', THENCE N89 56' 41"W 334.13' TO THE POINT OF BEGINNING. CONTAINING 2.6348 ACRES Own is Signature By: Robert L. Clevenger --Chief Engineer State Department of Highways Division of Highways State of Colorado 4201 East Arkansas Denver, Colorado 80222 21�7120 Date -3- Y 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 SITUATE IN SECTIONS 7 AND 18, TOWNSHIP 7 NORTH RANGE 68 WEST, AND IN SECTIONS 12 AND 13, TOWNSHIP 7 NORTH RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, WHICH CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12 AS BEARING N89 56' 40"W AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SOUTHEAST CORNER OF SAID SECTION 12 AND RUN THENCE S00 24' 20"W 175.00' TO THE TRUE POINT OF BEGINNING, THENCE N89 56' 40"W 129.15', THENCE N00 49' 39"E 250.13', THENCE S89 56' 40"E 127.13' TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12, THENCE S89 55' 02"E 327.58', THENCE SO1 08' 08"E 250.00', THENCE N89 56' 41"W 334.13' TO THE POINT OF BEGINNING. CONTAINING 2.6348 ACRES. -5-