HomeMy WebLinkAboutANTON ANNEXATION & ZONING - 95-88, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 9
PLANNING AND ZONING BOARD MEETING OF December 19,�1988
STAFF REPORT
PROJECT: Anton Annexation and Zoning - #95-88, A
APPLICANTS: Carl and Jean Anton OWNERS: Same
2707 South Taft Hill Road
Fort Collins, CO 80526
PROJECT PLANNER: Ken Waido
PROJECT DESCRIPTION: Request to annex and zone approximately 2.00
acres, Lots 4, 5, 6, and 7 of Heinemann's Spring Creek Subdivision, located
south of West Drake Road and west of Taft Hill Road. The requested zoning
is the R-P, Planned Residential Zoning District.
RECOMMENDATION: Staff recommends approval of the annexation and zon-
ing request.
EXECUTIVE SUMMARY: This is a request to annex and zone approximately
2.00 acres, Lots 4, 5, 6, and 7 of Heinemann's Spring Creek Subdivision, located
south of West Drake Road and west of Taft Hill Road. The requested zoning
is the R-P, Planned Residential Zoning District. Of the four lots, one contains
a single-family home while the other three are undeveloped. This is a volun-
tary annexation.
OFFICE OF DEVELOPMENT 300 LaPorte Ave. • P O. Box 580 • Fort Collins. Colorado 80522 • 1303) «'
SERVICES, PLANNING DEPARTMENT
Anton Annexation and Zoning - #95-88,A
December 19, 1988 P & Z Meeting
Page 2
Background:
The applicants and owners, Carl and Jean Anton, have submitted a written
petition requesting annexation of approximately 2.00 acres, Lots 4, 5, 6, and 7
of Heinemann's Spring Creek Subdivision, located south of West Drake Road
and west of Taft Hill Road. The requested zoning is the R-P, Planned Residen-
tial Zoning District. Of the four lots, one contains a single-family home while
the other three are undeveloped. 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 Springbrook 1st Annexation to the east.
The requested zoning for this annexation is the R-P Planned Residential
Zoning District. The R-P District designation is for areas planned as a unit to
provide a variation in use and building placement. Properties to the east and
west are zoned in the R-P District. The property presently contains four lots
of the Heinemann's Spring Creek Subdivision. One of the lots contains a
single-family home while the other three are undeveloped. The R-P zone would
allow single-family homes to be developed on the three vacant lots. Since these
lots all have frontage on Taft Hill Road, an arterial street, the likelihood of
single-family development is not very high. Other types of residential or
non-residential uses could be proposed on the property through the LAND
DEVELOPMENT GUIDANCE SYSTEM planned unit development ordinance.
Proposed uses, other than single-family uses, would have to favorably address
the criteria of the LDGS in order to be approved. There are no immediate
development plans for the property.
The applicants and owners have requested annexation due to the failure of
their septic system. County Health Department regulations require connection
to a public sewer upon failure of a septic system if a public sewer is available
within 500 feet of the property. The City's Spring Creek Trunk Sewer Main is
within this minimum distance. After discussing alternatives with City staff,
the applicants and owners decided to request annexation rather than seek an
Out of City Utility Request.
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.
Anton Annexation and Zoning - #95-88,A
December 19, 1988 P & Z Meeting
Page 3
3. On December 20, 1988, 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 second reading of the
Ordinances annexing and zoning the property will be considered by the
City Council on February 7, 1989.
4. The requested R-P Planned Residential District is in conformance with the
policies of the City's Comprehensive Plan.
STAFF RECOMMENDATION:
Staff recommends approval of the annexation and requested zoning.
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INS
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PETITION FOR ANNEXATION
The undersigned hereby petition the Council of the City of Fort Collins,
Colorado or the annexation of an area, to be referred to as the
ANTON Annexation to the City of Fort
Collins. Said area, consisting of approximately -2- 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 reouirements 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
n electric service fines, streets t any other services or utilities
mains, o'
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 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.
Circu or's Signature JEAN H. ANTON
Subscribed and sworn to before me this 31st day of October
October 19 88 , by aN, VO e lmtor�
Witness my hand and official seal.
My Commission expires:, l "a a
F. LeAnn�.
J
Payton Notary Public "\
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-%TT-\CHNtE`:T "A"
LEGAL DE5CF21PTi0.N OF THE A ,NNEN.-k,r,0N
A tract of land situate in the County of Larimer. State of Colorado to -wit:
Lots 4, 5, 6 and 7
in HEINEMANN'S SPRING CREEK SUBDIVISION,
located in the East 1/2 of Northeast 1/4
Section 28, Township 7 North, Range 69 West
of the 6th P.M.,
County of Larimer, State of Colorado.
511
ATTORNEY CERTIFICATION
i, kME an attorney licensed to
practice in
thcJ State
of Colorado. hcrcuy cercit \' that I
hay c examined
the
records of
the Clerk
and Recorder of iarimcr County, Colorado, and
have
verified that the signers of the attached Annexation Petition
are owners of
real
property in
the area
proposed for anncxati;on. FUrthcrmorc,
1 ecrtiCy that
said
owners constitute more
than 50q'0 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.
Sian rc
NDKIM% r 2I . 19 n
Date
R ..
LEGAL DESCRIPTION OF REAL PROPrLRTY
INCLUDED IN THE .a\\E\.a"PION
A tract of land situate in the Count%, of Larimcr. Statc of Colorado to -wit:
Lots, 4, 5, 6 and 7,
in HEINEMANN'S SPRING CREEK SUBDIVISION,
located in the East 1/2 of Northeast 1/4
Section 28, Township 7 North, Range 69 West
of the 6th P.M.,
County of Larimer, State of Colorado.
O ner's Signature JEAN H. ANTON
2707 South Taft Hill Road
Address
Fort Collins, Colorado 80526
City State Zip
October 31, 1988
Date
Owncr's Signature
-54144
Address
City State Zip
Saar
Date
-3-