HomeMy WebLinkAboutMILNE ANNEXATION & ZONING - 11-89, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM No 7
PLANNING AND ZONING BOARD MEETING OF March 27, 1989
STAFF REPORT
PROJECT: Milne Annexation and Zoning - # 11-89,A
APPLICANT: City of Fort Collins OWNER: City of Fort Collins
PROJECT PLANNER: Sherry Albertson -Clark
PROJECT DESCRIPTION: Request to annex and zone approximately 46 acres,
located north of Prospect, 1/2 mile east of Timberline Road. The requested
zoning is R-C, River Corridor.
RECOMMENDATION: Staff recommends approval of the annexation and
zoning request.
EXECUTIVE SUMMARY: This is a request to annex and zone approximately
46 acres, located north of Prospect, 1/2 mile east of Timberline Road. The
requested zoning is the R-C, River Corridor District. The site contains two
ponds created by gravel extraction and was donated to the City for open space.
This is a voluntary annexation.
DEVELOPMENT 300 LaPorte Ave. • P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221.6750
SERVICES, PLANNING DEPARTMENT
Milne Annexation and Zoning - #11-89,A
March 27, 1989 P&Z Meeting
Page 2
COMMENTS
Background:
The City of Fort Collins is requesting annexation of approximately 46 acres,
located north of Prospect, 1/2 mile east of Timberline. This property was
acquired by the City through an open space donation in 1988 and contains two
ponds that were created by previous gravel extraction. 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 annex 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 Riverbend Annexation to the north.
The requested zoning for this annexation is the R-C, River Corridor District.
The R-C District designation is for areas developing within the Downtown
River Corridor of the Cache La Poudre River. Since the property is located
within the Cache La Poudre River floodway, any development on the property
would be severely restricted. The property is best suited for open space or
recreational use. There are no development plans for the property.
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 March 21, 1989, the City Council will consider 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 May 2, 1989.
4. The requested R-C, River Corridor District is in conformance with the
policies of the City's Comprehensive Plan.
STAFF RECOMMENDATION:
Staff recommends approval of the annexation and requested zoning.
.1 2.
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PETITION FOR ANNEXATION
The undersigned hereby petition the Council of the Cite of Fort Collins.
Colorado, for the annexation of an area, to be referred to as ttie
MILNE Annexation to the City of Fort
Collins. Said- area, consisting of approximately 46-0644 acres, is more
particularfy described on Attachment "A", attached hereto.
The petitioners allegc:
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 (5011%) of
the area to be annexcd. 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 placed in the R—C Zoning District
pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins.
STATE OF COLORADO)
) ss.
COUNTY OF L.;RE"TER)
The undersigned being first dul%, s%vorn 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
19 by
Witness my hand and official seal.
My Commission expires:
Notary Public
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LEGAL DESCRIPTION OF REAL PROPERTY
INCLUDED IN THE ANNEXATION
tract of land situate in the County of Larinicr. State of Colorado to -\,,,it:
LEGAL DESCRIPTION
A TRACT -OF LAND SITUATE IN THE SOUTH ONE-HALF OF SECTION 17
AND THE NORTH ONE-HALF OF SECTION 20, TOWNSHIP 7 NORTH, RANGE
68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, WHICH
CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 17 AS BEARING S89 32' 55"E AND WITH ALL BEARINGS
CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE
BOUNDARY LINES WHICH BEGIN AT THE SOUTH ONE -QUARTER CORNER
OF SAID SECTION 17 AND RUN THENCE SB9 32' 55"E 642.32' ALONG
SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING; THENCE NOD
21' 15"E 185.00'; THENCE N00 21' 15"E 433.43'; THENCE NOS 35'
45"W 268.67' TO A POINT ON THE BOUNDARY OF RIVERBEP40 SECOND
ANNEXATION TO THE CITY OF FORT COLLINSt THENCE ALONG SAID
ANNEXATION N82 54' 20"E 971.46'; THENCE N01 49' 21"E 176.80';
THENCE N89 48' 28"E 1054.10'; THENCE LEAVING SAID ANNEXATION
AND ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER SOO II' 32"E
800.00'; THENCE N89 32' 55"W 504.40'; THENCE SOO It' 32"E 400.00'
TO THE SOUTH LINE OF SAID SECTION 17; THENCE SOO II' 32"E 30.00':
THENCE N89 32' 55"W 689.75'; THENCE SOO 28' 04"W 15.00'; THENCE
N89 32' 55"W 797.60'; THENCE NOO 21' 15"E 45.00' TO THE POINT
OF BEGINNING.
CONTAINING 46.0644 ACRES
Owner's Signature
Address
City State Zip
Date
Owner's Signature
Address
City State
Date
Zip
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ATTORNEY CERTIFICATION
an attorney liccnscd to
State of Colorado, nercuy certify that I have examined
Clerk and Recorder of Larimcr County, Colorado, and have
siRncrs of the attached annexation Petition arc owners of rr,i
area proposcd for annexation. 1=urtncrmorc, i certify that saiu
e more than 50% of the landowners in the area proposed for
own more than 50% of the land in said area, exclusive of
Signature
Date
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0
ATTACHMENT ":%"
'LEGAL DESCRIPTION OF THE .-ANNEXATION
A tract of land situate in the County of Larimcr. State of Colorado to -wit:
LEGAL DESCRIPTION
A TRACT OF LAND SITUATE IN THE SOUTH ONE-HALF of SECTION 17
AND THE NORTH ONE-HALF OF SECTION 20. TOWNSHIP 7 NORTH, RANGE
6B WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, WHICH
CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 17 AS BEARING S89 32' 55"E AND WITH ALL BEARINGS
CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE
BOUNDARY LINES WHICH BEGIN AT THE SOUTH ONE -QUARTER CORNER
OF SAID SECTION 17 AND RUN THENCE S89 32' 55"E 642.32' ALONG
SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING] THENCE NOD
21' 15"E 185.0011 THENCE NOD 21' 15"E 433.43'j THENCE N08 35'
45"W 268.67' TO A POINT ON THE BOUNDARY OF RIVERBEND SECOND
ANNEXATION TO THE CITY OF FORT COLLINS1 THENCE ALONG SAID
ANNEXATION N82 54' 20"E 971.46'j THENCE NOI 49' 21"E 176.80'j
THENCE N89 48' 28"E 1054.10'j THENCE LEAVING SAID ANNEXATION
AND ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER SOO II' 32"E
800.00'1 THENCE N89 32' 55"W 504.40'j THENCE SOO 11' 32"E 400.00'
TO THE SOUTH LINE OF SAID SECTION 171 THENCE SOO II' 32"E 30.00'j
THENCE N89 32' 55"W 689.75'1 THENCE SOO 28' 04"W 15.00'j THENCE
N89 32' 55"W 797.60'j THENCE NOO 21' 15"E 45.00' TO THE POINT
OF BEGINNING.
CONTAINING 46.0644 ACRES
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