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HomeMy WebLinkAboutHIGHWAY 14 EAST SECOND ANNEXATION & ZONING - 103-88, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM N(-) 9 PLANNING AND ZONING BOARD MEETING OF January 211989 STAFF REPORT PROJECT: Highway 14 East Second Annexation and Zoning - #103-88A APPLICANTS: State Department of Highways OWNERS: 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 3.4 acres of Highway 14 right of way, located southeast of the Wastewater Treatment Plant and southwest of the Poudre River. The requested zoning is the RC River Corridor District. RECOMMENDATION: Staff recommends approval of the annexation and zoning request. EXECUTIVE SUMMARY: This is a request to annex and zone approximately 3.4 acres of Highway 14 right of way located southeast of the Wastewater Treatment Plant and southwest of the Poudre River. The requested zoning is the RC River Corridor District. This is a voluntary annexation. OFFICE OF DEVELOPMENT 300 LaPorte Ave. • P O. Box 580 • Fort Collins. Colorado 30522 • 130-1 SERVICES. PLANNING DEPARTMENT Highway 14 East Second Annex. and Zoning - #103-88A P & Z Meeting - January 23, 1989 Page 2 Background: The State Department of Highways being the applicant and the owner, has submitted a written petition requesting annexation of approximately 3.4 acres of Highway 14 right of way located southeast of the Wastewater Treatment Plant and southwest of the Poudre River. 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 Wastewater Treatment Plant No. 1 Annexation to the west. 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 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 January 17, 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 February 21, 1989. 4. The requested RC 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. %le •NOW Iris OEM iums r 10 f c ■1 rrr n 1� ■IA f �� )GRE-11i'll A L U • 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 Hiehwav 14 East Second Annexation to the City of Fort Collins. Said area, consisting of approximately 3.3524 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 01' 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 (500%) 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 Cite of Fort Collins approve the annexation of said area. Furthermore, the petitioners request that said area be placed in the RC - River Corridor Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. • 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. C71rc'ulator'igrrSturc Subscribed and sworn to before me this ! i"' day of �4�ht}1C.)E1L 19 by ;1rIG�11`l Witness my hand and official seal. My Commission expires 111,-)r,C)A 1�) 101 71 C 1 tG 114-0 --/S t is tary Public E. 1�1Z)`1�n1�r�J 3C�a� -2- • • LEGAL DESCRIPTION OF REAL PROPERTY INCLUDED IN THE ANNE\.knoN A tract of land situate in the Count% of Larimer. Statc of Culorado to -wit: A TRACT OF LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION !2 AND THE NORTHEAST QUARTER OF SECTION 13. 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 12 AS BEARING N89 69' 00"W AND WITH .ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SOUTHEAST CORNER OF SECTION 12 AND RUN THENCE SOO 43' 00"W 175.0' ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION IS; THENCE N89 39' 00"W i29.15' TO THE TRUE POINT OF BEGINNING; THENCE N89 39' 00"W 625.75'; THENCE N21 51' 00"E 188.2' TO A POINT ON THE SOUTH LINE OF SECTION 12; THENCE N89 38' 00"W 20.01'; THENCE N22 30' 35"E 80.991; THENCE S89 38' 00"E 549.53'; THENCE S01 08' 19"W 250.13' TO THE POINT OF BEGINNING. CONTAINING 3.3524 ACRES. State Department of Highways Division of Highways State of Colorado By: Robert L. Clevenger Chief Engineer Owne 's Signatur 11 e)u� Address 0E,UVC r� CC3a a City State Zip H-Iri-`V Date Owncr's Signature Address Cite State Date �' ATTORNEY CERTIFICATION L an attorney Iiccn�cd to practica in the State of SWorado, iicuoy ccrtif y that I have examined the records of the CAN and Recorder of Larimcr Count;. Colorado, and have verified that the signers of the attached Anncxation Petition arc owners of real property in the area proposed for annexation. Furthermore. 1 certify that said owners constitute more than 50`6 of the landowners in the area proposed for annexation and own more than 50'h> of the land in said area, exclusive of streets and alleys. Signature Date -4- ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situatc in ,hc Count% of Larimcr. Statc of Colorado to-« it: A TRACT OF LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION '2 AND THE NORTHEAST QUARTER OF SECTION 13. 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 12 AS BEARING N89 39' 00"W AND WITH .ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SOUTHEAST CORNER OF SECTION 12 .AND RUN THENCE S00 43' 00"W 175.0' ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION IS; THENCE N89 39' 00"W i29.15' TO THE TRUE POINT OF BEGINNINGS THENCE N89 39' 00"W 625.75'; THENCE N21 51' 00"E 188.2' TO A POINT ON THE SOUTH LINE OF SECTION 12; THENCE N89 39' 00"W 20.01'; THENCE N22 30' 35"E 80.99'; THENCE S89 38' 00"E 549.53'S THENCE S01 08' 19"W 25C.13' TO THE POINT OF BEGINNING. CONTAINING 3.3524 ACRES. -5-