The URL can be used to link to this page

Home My WebLink AboutLYAL NELSON ANNEXATION & ZONING - 9-89, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM N ,, 10 PLANNING AND ZONING BOARD MEETING OF February 27,, 1989 STAFF REPORT PROJECT: Lyal Nelson Annexation and Zoning - #9-89,A APPLICANT: Lyal Nelson OWNER: Lyal Nelson 6312 E. Harmony Road Fort Collins, CO 80525 PROJECT PLANNER: Sherry Albertson -Clark PROJECT DESCRIPTION: Request to annex and zone approximately 5.3 acres, located between the Southridge Greens development and the Union Pacific Railroad tracks. The requested zoning is R-L-P, Low Density Planned Residen- tial District. RECOMMENDATION: Staff recommends approval of the annexation and zon- ing. EXECUTIVE SUMMARY: This is a request to annex and zone approximately 5.3 acres, located between the Southridge Greens development and the Union Pacific Railroad tracks. The requested zoning is the R-L-P, Low Density Planned Residential District. The property is vacant and there are no immedi- ate plans for development. This is a voluntary annexation. OFFICE OF DEVELOPMENT 300 LaPorte Ave. • P 0. Box 580 • Fort Courns, Colorado 80522='- SERVICES, PLANNING DEPARTMENT Lyal Nelson Annex. and Zoning - #9-89,A P & Z Meeting - February 27, 1989 Page 2 COMMENTS Background: The applicant, Lyal Nelson, is requesting annexation of approximately 5.3 acres, located between the Southridge Greens development and the Union Pacific Railroad Tracks. The property is vacant and there are no immediate plans for development. 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 Fox Ridge Annexation to the west and the Keen - land Annexation to the north. The surrounding zoning and land uses are as follows: N: r-p; existing residences (Oak Ridge Village) S: FA-1; (in Larimer County) vacant E: FA-1; (in Larimer County) vacant W: r-1-p; Southridge Greens Golf Course The requested zoning for this annexation is the R-L-P, Low Density Planned Residential District. The R-L-P District designation is for areas planned as a unit to provide for use and building placement variation. Uses permitted in the R-L-P zone are limited to single family residential, churches and schools. Any other use would require approval of a PUD. The proposed zoning is con- sistent with the existing zoning in the area. There are no immediate develop- ment plans for the property. Findin,gs 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 INTER- GOVERNMENTAL 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 hold a public hearing to consider Ordinances annexing and zoning the property. 4. The requested R-L-P Low Density Planned Residential District is in confor- mance with the City's Comprehensive Plan and consistent with existing zoning in the immediate area. No Text ITEM LYAL NELSON ANNEXATION & ZONING NUMBER 9-899 A t PETITION FOR ANNEXATION The undersigned hereby petition the Council of the Citv of Fort Coilip.-. Colorado; for the ann^. ation of an area, to be referred to as ti;e ! ti^- �'a (4e-, Anncxa on to the City of Fort Collins. Said - area, consisting of approximately,-' pproximately (pae.^eS acres, is more particularly described on Attachment "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"0) of the landowners in the area and own more than fifty percent (501!�)) of the area to be annexed. excluding public streets, allcvs 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 ea. Furthermore, the petitioners request that said area be placed in the 19L1Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. STATE OF COLORADO) ) ss. COUNTY OF LARI`.IER) 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 t`e signature of the person whose name it purports to be. �.1.' 2�-,e e,� -W'- Circu tor's Signature Subscribed and sworn- to before me this — c>?�,j day of 19, by�p� i Witness my hand and official seal. My Commission expires: 02 lq'?o of y Public -2- LEGAL DESCRIPTION OF REAL PROPERTY IN THE, ANNEXATION' A tract of land situate in the County of' Larimer. State of Colorado to -wit: A tract of land situate in the southeast quarter of Section 6, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the west line of said southeast quarter of Section 6 as bearing N00 21' 27"W, and with all bearings contained herein relative thereto, is contained within the boundry lines which begin at the south quarter corner of said Section 6, the True Point of Beginning, and run thence N00 21' 27"W 1314.50 feet; thence N89 41' SVE 352.17 feet to a point on the west ROW line of the Union Pacific Railroad; thence S14 30' 38"W 1359.68 feet along the west line of said ROW to a point on the south line of said section 6; thence S89 35' 31"W 3.29 feet to the Point of Beginning. Containing 5.3633 acres. O is Signature 6 3� Address City State Zip ate Owner's Signature Address City State Zip Date -3- • FISCHER, BROWN, HUDDLESON 8 CUNN, P. C. WARD H. FISCHER ATTORNEYS AT LAW WILLIAM H. BROWN CHAS R. HUDDLESON TENTH FLOOR FIRST TOWER WILLIAM C•GUNN STEVBRAY. DAVID E. D AVID EDWYER 215 WEST OAK STREET JAMES E. RINGENBERG T. THOMAS McTIEo FORT COLLINS. COLORADO 80521 41_ '! M ft. Fi5ZHER LUKE R. SANTANGELO* STEPHEN J•JOUARD T RAN DM. WILLARD February 6, 1989 K.C AY LISA K. CLAY .PATENT AND TRADEMARK ATTORNEY Mr. Paul Eckman. _. Assistant City Attorney City of Fort Collins P.O. Box 590 Fort Collins, CO 80522 Dear Mr. Eckman: MAILING ADDRESS POST OFFICE DRAWER J FORT COLLINS, CO 80522 ELEPH 303/482 56 FAX 303/482-384.: I certify that it is my opinion that Lyal Nelson, also known as Lyal M. Nelson, is the owner of the following described land situate in the County of Larimer, State of Colorado to -wit: A tract of land situate in the southeast quarter of Section 6, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the west line of said southeast quarter of Section 6 as bearing N00 21' 27"W, and with all bearings contained herein, relative thereto, is contained within the boundary lines which begin at the south quarter corner_ of Said Section 6, the True Point of Beginning, and run thence N00 21' 27"W 1314.50 feet; thence N89 41' 50"E 352.17 feet to a point on the west ROW line of the Union Pacific Railroad; thence S14 30' 3811w 1359.68 feet along the west 1-ine of said ROW to a point on the south line of said Section 6; thence S89 35' 31"W 3.29 feet to the Point of Beginning. My opinion is based upon examination of abstracts of title, and supplemental title information furnished to me in abstract type form by Transamerica Title Insurance services. Yours truly, A Ward H. Fischer WHF:mm cc: Mr. Lyal Nelson whf 204 y 0 \TT:\CHME\T " \" • LEGAL DESC::II'Tit),; i)i� i'lIE ,1\\'I \.+T1k A tract of land situate in the County of Larimcr. State of Colorado to -wit: A tract of land situate in the southeast quarter of Section 6, ship 6 North, Range 63 :lest cf the 6th P. i. , Larimer County, Colorado, which considering the west line of said southeast quarter of Section 6 as bearing N00 21' 27"fit, and with all bearings contained herein relative thereto, is contained within the boundry lines which begin at the south quarter corner of said Section 6, the True Point of Beginnincq, . nd run thence N00 21' 27";-1 1314.50 feet; thence N89 41' 50"E 352.17 feet to a point on the west RON line of the Union Pacific Railroad; thence S14 30' 38"N 1359.68 feet along the west line of said ROW to a point on the south line of said section 6; thence S89 35' 31"N 3.29 feet to the Point of neginning. Containing 5.3633 acres. Sim