HomeMy WebLinkAboutFOSSIL CREEK WEST FIRST ANNEXATION & ZONING - 61-88, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 11
PLANNING AND ZONING BOARD MEETING OF October 24, 1988
STAFF REPORT
PROJECT: Fossil Creek West First Annexation and Zoning - #61-88A
APPLICANT: J. Paul Heffron
P.O. Box 1345
Boulder, CO 80306
OWNERS: U.S. 287 Ltd. and
Foothills Office Park Ltd.
1624 Market Street, #204
Denver, CO 80202
PROJECT PLANNER: Linda Ripley
PROJECT DESCRIPTION: Request to annex and zone approximately 30.20 acres
located west of South College Avenue in the vicinity of Fossil Creek Parkway.
The requested zoning is the T Transition District.
RECOMMENDATION: Staff recommends approval of the annexation and zon-
ing request.
EXECUTIVE SUMMARY: This is a request to annex and zone approximately
30.20 acres located west of South College Avenue in the vicinity of Fossil
Creek Parkway. The property is presently undeveloped. This is a voluntary
annexation.
OFFICE OF DEVELOPMENT 300 LaPorte Ave. • P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221-6750
SERVICES, PLANNING DEPARTMENT
Fossil Creek West First Annex. and Zoning - #61-88A
P & Z Meeting - October 24, 1988
Page 2
Background:
The applicant, J. Paul Heffron, on behalf of the owners, U.S. 287 Ltd. and
Foothills Office Park Ltd. has submitted a written petition requesting annexa-
tion of 30.20 acres located west of South College Avenue in the vicinity of
Fossil Creek Parkway.
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 Mill First and Second Annexations to the north and
the Fossil Creek Third Annexation to the east.
The requested zoning for this annexation is the T Transition District. The T
Transition District designation is for properties which are in a transitional
stage with regard to ultimate development. The property is presently undevel-
oped. It is the petitioners' intent to rezone the property in the future when
development plans are more clearly defined.
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 October 4, 1988, the City Council approved a resolution which accepted
the annexation petition and determined that the petition is in compliance
with State law. The resolution also initiated 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 Novem-
ber 15, 1988.
4. The requested T Transition District is in conformance with the policies of
the City's Comprehensive Plan.
RECOMMENDATION:
Staff recommends approval of the annexation and requested zoning.
FOSSIL CREEK WEST ANNEXATIONS
ITEM AND ZONINGS - FIRST (1) and SECOND (2)
NUMBER 61-88A, 62-88A
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
Fossil Creek West First Annexation to the City of Fort Collins. Said area,
consisting of approximately 30.1974 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%) 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 placed in the T Transition Zoning District
pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins.
so
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.
Subscribed and sworn to before me this aj—day of
19-t!t, , by �� Ii�i•L. �� `�b� •
Witness my hand and official seal.
My Commission expires: q�
r—
KoPs
Public
LEGAL DESCRIPTION OF REAL PROPERTY
INCLUUED•IN THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado to -wit:
LEGAL DESCRIPTION
A tract of -land situate in the Southeast a of Section Z, Township 6 North,
Range 69 West -of -the Sixth P.M., Larimer County, Colorado, which
considering the East line of -the said Southeast I as bearing N 00' 47'
E and with all bearings contained herein relative thereto is.contained
within the boundary lines which begin at a point on the South line of
Cameron Park•Second Filing which bears S 88' 30' W 75.00 feet and again
N-000 49' 30" E 1221.50 feet and again N 22' 31' E 67.30 feet and again
N 000 51'. 10". E 471.89 feet and again N 886 45' W 289.00 feet from the
Southeast .corner of said Section 2 and run thenceN 880 45' W 628.40
feet to a point on•the East right-of-way of the Burlington Northern
Railroad; thence.'along said East right-of-way line N 000 58' E 786.32
feet; thence N •69° 45' E 154.88 .feet; thence S 870 45' E 189.79 feet;
thence S 27' 25' E 154.75 feet; thence S 88' 45' E 337.73 feet; thence
S 000 48' 20" E 119.93 feet. to the right-of-way line of Coronado Court;.
thence -along said right-of-way line N 890 11' 40" W 162.84 feet, and
again alongthe arc of a- 15.00 foot radius curve -to the right, a distance
of 19.11 feet, - the long chord of which bears N 52' 41' 33" W 17.85 feet;
and again along the arc of a 50.00 foot radius curve to the left, a
distance of 182.02 feet, the long chord of which bears S 590 31' 14"
W 96.91 feet; thence S 000 48' 20" W 172.02 feet to the right-of-way
line of Cameron'Drive; thence along said right-of-way.line, along the
arc of a•145.00 foot radius curve to the right, a distance of 174.21
feet; the long chord of which bears S 61' 40' 11" E 163.92 feet; thence
S 620 45' W 216.16 feet; thence S 36' 45' E 100.00 feet; thence S 46'
45' E 170.00 feet to the point of beginning, containing 10.1127 acres
__more or less. ___'?
n r s Signaturev Uwner s Signature
foothills Office PaW CU.
1624 Market Street No. 204
A ress Aac�ress
Denver CO 80202
City State Zip City State Zip
Dated Date
LEGAL DESCRIPTION OF REAL PROPERTY
INCLUDED -IN THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado to -wit:
LEGAL DESCRIPTION
A tract'of• land situate in the Southeast a of Section 2, Township 6 North,
Range 69 West of -the Sixth P.M., Larimer County, Colorado, which
considering the -East -line of -the said Southeast I as bearing N 00° 47'
E and with all bearings contained herein relative thereto is. contained
within the boundary lines which begin at a point on the West right-of-
way line of.U:S. Highway No. 287 which bears S'88° 30' W 75.00 feet and
again N 006 49' 30" E 813.32 feet from the Southeast corner of said
Section 2 and run thence S 88° 30' W 905.19 feet to a point on the East
right=of-way of the Burlington Northern Railroad; thence along said East
right-of-way line,'along the arc of a 2936.14 foot radius curve to the
left a distance :of 239.15 feet, the long chord of which bears N 03° 18'
E 239.06 'feet, 'and again N 00°. 58' E 747.30 feet; -thence S 88° 45' E
917.40 feet to the West right-of-way'line of U.S. Highway No. 287; thence
along said right-of-way line, S 00° 51' 10" W 471.89 feet, and again
S 22° 31' W 67.30 feet, and again-S 000 49' 30" W 408.18 feet to the
point of beginning, containing 20.0847 acres more or less.
mercer' s Si gnat
U.S. 287 Ltd.
1624 Market Street No. 204
Address
Denver CO 80202
City State. Zip
011,z3 fk'
Dat
Owner s S� gr ar ature
Address
City State Zip
Da to
ATTACHMENT "A"
LEGAL DESCRIPTION OF 111E ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado to-dit:
LEGAL DESCRIPTION
A tract of land situate in the Southeast oof Section 2, Township 6 North,
Range'69 West of the Sixth P.M., Larimer County, Colorado, which
considering the East line of the said Southeast 4 as bearing N 00' 47'
E and with all bearings contained herein relative thereto is contained
within the boundary lines which begin.at a point on the West right-of--
way line of U.S. Highway No. 287 which bears S 88' 30' W 75.00 feet and
again N 00' 49' 30" E 813.32 feet from the Southeast corner of said
Section 2 and run thence S 88' 30' W 905.19 feet to a point on the East
right-of-way of the Burlington Northern Railroad; thence along said East
right-of-way line, along the arc of a 2936.14 foot radius curve to the
left a distance.of 239.15 feet, the long chord of which bears N 03' 18'
E 239.06 feet, and again N 00' 58' E 1533.62 feet; thence N 69' 45' E
154.88 feet; thence S 87' 45' E 189.79 feet; thence S 27' 25' E 154.75
feet; thence S 88' 45' E 337.73 feet; thence S 00' 48'-20" E 119.93 feet
to the right-of-way line of Coronado Court; thence along said right-of-way
line N 89' 11' 40" W 162.84 feet, and again along the arc of a 15.00
foot radius curve to the right, a distance of 19.11 feet, the long chord
of which bears N 52' 41' 33" W 17.85 feet; and again along the arc of
a 50.00 foot radius curve to the left, a distance of 182.02 feet, the
long chord of which bears S 59' 31' 14" W 96.91 feet; thence S 00' 48'
20" W 172.02 feet to the right-of-way line of Cameron Drive; thence along
said right-of-way line, along the arc of a 145.00 foot radius curve to
the right, a distance of 174.21 feet; the long chord of which bears S
610 40' 11" E 163.92 feet; thence S 62' 45' W 216:16 feet; thence S 36'
45' E 100.00 feet; thence S 46' 45' E 170.00 feet; thence S 88' 45' E
289.00 feet to the West right-of-way line of U.S. Highway No. 287; thence
along said right-of-way line, S 00' 51' 10" W 471.89 feet, and again
S 22' 31' W 67.30 feet, and again S 00' 49' 30" W 408.18 feet to the
point of beginning, containing 30.1974 acres more or, less.
HUTCHINSON, BLACK, HILL & COOK
ATTORNEYS AT LAW
DUDLEY I. HUTCHINSON (1887-1967)
1215 SPRUCE STREET
BAINE P. KERR
DUDLEY I. HUTCHINSON, JR. (1916-1970)
BOULDER, COLORADO 80302
HEATHER RYAN
STANLEY A. BLACK
CLARK G. EDWARDS
DAVID G. HILL
TELEPHONE (303) 442-6514
DAVID M. PACKARD
FORREST E. COOK
TELECOPIER (303) 442-6593
RAYMA SKEEN
ROBERT G. MISTLER
JAMES ENGLAND
PETER M. VANZANTE
JOHN B. GREER
WILLIAM D. MEYER
U. S. MAILING ADDRESS
STEVE C. BRIGGS
T. HENRY HUTCHINSON
JAMES L. CARPENTER, JR.
P. O. BOX 1170
OF COUNSEL
BOULDER, COLORADO 80306
September 23, 1988
Ms. Linda Ripley
Senior Planner
City of Ft. Collins
P.O. Box 580
Ft. Collins, CO 80522
Re: Fossil Creek West - First Annexation
Attorney Certification
Dear Ms. Ripley:
I am an attorney licensed to practice law in the State of
Colorado. I have received from Transamerica Title Insurance
Company an examination of the records of the Clerk and Recorder
of Larimer County, Colorado. Based on that examination, I have
verified that U.S. 287 Associates, Ltd. and Foothills Office
Park, Ltd. are both owners of real property in the area proposed
for annexation, and that J. Paul Heffron is authorized to sign as
general partner on behalf of such owners. Furthermore, I certify
that U.S. 287 Associates, Ltd. and Foothills Office Park, Ltd.
are more than 50% 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.
�w � cj*�
awes L. Cap ter, Jr.
JLC:kjk
cc: J. Paul Heffron