HomeMy WebLinkAboutNORTHERN COLORADO NATURE CENTER 3RD ANNEXATION & ZONING - 33-88, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 15
PLANNING AND ZONING BOARD MEETING OF April 25, 1988
STAFF REPORT
PROJECT: Northern Colorado Nature Center Third Annexation and Zoning
- #33-88, A
APPLICANT: State Board of Agriculture OWNER: Same
Room 202
Administration Building
Colorado State University
Fort Collins,. CO 80523
PROJECT PLANNER: Ken Waido
PROJECT DESCRIPTION: Request to annex and zone approximately 13.1861
acres located north of East Drake Road (extended) and east of the Poudre
River. The requested zoning is the T-Transitional District.
RECOMMENDATION: Staff recommends approval of the annexation and zon-
ing request.
EXECUTIVE SUMMARY: This is a request to annex and zone approximately
13.1861 acres located north of East Drake Road (extended) and east of the
Poudre River. The requested zoning is the T-Transitional District. The
property is presently undeveloped and is part of a natural open space area.
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
Northern Colorado I�7-ature Center Third Annex and Zoning"W33-88, A
P & Z Meeting - April 25, 1988
Page 2
Background:
The applicant and owner, the State Board of Agriculture, has submitted a
written petition requesting annexation of approximately 13.1861 acres located
north of East Drake Road (extended) and east of the Poudre River. The
requested zoning is the T-Transitional District. The property is presently
undeveloped and is part of a natural open space area. 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 Flatiron East . Prospect Road First Annexation to
the west.
The requested zoning for this annexation is the T-Transitional District. The T
District designation is for properties in transition from a rural to an urban
use. The property is presently undeveloped and is part of a natural open
space area, a use which will probably not change in the near future. As with
other state owned properties recently annexed into the City of Fort Collins the
State Board of Agriculture has requested the following be added as conditions
of the annexation:
"Petitioner specifies as a condition of the proposed annexation that the
proposed annexation in no sense shall be interpreted as:
1. Conveying to said City any right, title, or interest in the property so
annexed;
2. Conveying any right to establish new streets or extend existing streets upon
or across said property; or to construct utility lines of any kind upon or across
said property;
3. Granting any right to apply the provision of any municipal ordinance, and
specifically any building code, zoning code, or licensing ordinance, upon the
above described property so long as title thereof shall remain in the State
Board of Agriculture and the property continues to be used for educational,
research, extension and related support services.
Provided, however, that the jurisdiction of the City of Fort Collins shall
extend over the property annexed in so far as it relates to the application of:
a. City traffic ordinances;
b. City ordinances relating to police enforcement of the traffic code,
City ordinances relating to offenses against the person, offenses
Northern Colorado 17,44ure Center Third Annex and ZoningW33-88, A
P & Z Meeting - April 25, 1988
Page 3
against public peace, offenses relating to morals, offenses relating
to public health, and safety;
4. The jurisdiction of the Municipal court is extended to include violations of
ordinances included in the foregoing items 1 and 2 of this paragraph occurring
on the lands so annexed; providing, however, that nothing contained in the
annexation ordinances shall be construed to limit the authority of the Univer-
sity officials, to exercise the authority provided in C.R.S. 23-5-106 and C.R.S.
23-5-107."
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 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 April 19, 1988, 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 second reading of the Ordinances annexing and zoning the prop-
erty will be considered by the City Council on June 7, 1988.
4. The requested T-Transitional District is in conformance with the policies of
the City's Comprehensive Plan.
STAFF RECOMMENDATION:
Staff recommends approval of the annexation and requested zoning.
ITEM NORTHERN COLORADO
NATURE CENTER 3rd
Annexation &Zoning
NUMBER 33-88, a
PETITIOCI FOR ANNEXATIUT
The undersigned hereby petition the Council of the City of Fort Col -
lips, Colorado, for the annexation of an area, to be referred to as the
NORTHERN COLORADO NATURE CENTER 3rd Annexation to the City of Fort Col-
lins. Said area, consisting of approximately 13.1861 acres is more par-
ticularly 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 31-1.2-104 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.
WHEREFORE, said petitioners request that the Council of the City of
Fort Collins approve the annexation of said area. Furthermore, the peti-
tioners 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.
LEGAL DESCRIPTION OF REAL PRCPFRTY
INCLUDED IN THE ANNE?CATION
A tract of land situate in the County of Larimer, State of Colorado to -wit:
A TRACT OF LAND SITUATE IN THE SOUTH HALF OF SECTION 21 AND
THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 7 NORTH, RANGE
WHICHDO
ST OF THE CONNSIDERINGHTHEMSOUTTHNTY OF LINE OFATHE�SOUTHWESTp STATE OQUARTEERAOF
SAID SECTION 21 IS3CONTADINEDTH ALL WITHINBINGS
THE
BOUNDARY LINES WHICH BEGIN AT THE SOUTH QUARTER CORNER OF
SAID SECTION 21 AND RUN THENCE SOO II' 10"W 79.12'; THENCE
S84 44' 03"W 242.49' TO THE TRUE POINT OF BEGINNING; THENCE
N01 10' 00"E 100.00's THENCE N67 12' 45"W 261.63'; THENCE
N88 35' 16"W 135.18'; THENCE N43 15' 00"W 285.33'; THENCE
NO3 40' 45"E 420.13, THENCE S60 46' 09"E 1326.28'; THENCE
S01 10, 00"W 446.09'; THENCE N88 09' 08"W 103.97'; THENCE
N69 49' 10"W 43.63'; THENCE N62 08' 03"W 521.00' TO THE TRUE
POINT OF BEGINNING.
Owner's Signature
Address
City State Zip
Date
Owner's Signature
Address
City State Zip
Date
l
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 ' day of
19 , by:
Witness my hand and official seal.
My Commission expires:
Notary Public
r'
y
ATTACHMEN7 "A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the County of Larimer, State or Colorado to -wit:
A TRACT OF LAND SITUATE IN THE SOUTH HALF OF SECTION 21 AND
THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 7 NORTH, RANGE
68 WEST OF THE 6TH P.M. COUNTY OF LARIMER, STATE OF COLORADO
WHICH CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 21 AS BEARING See 36' 03"E AND WITH ALL BEARINGS
CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE
BOUNDARY LINES WHICH BEGIN AT THE SOUTH QUARTER CORNER OF
SAID SECTION 21 AND RUN THENCE Soo II' 10"W 79.12's THENCE
S84 44' 03"W 242.49, TO THE TRUE POINT OF BEGINNINGS THENCE
N01 10' 00"E 100.00's THENCE N67 12' 45"W 261.63's THENCE
N88 35' 16"W 135.18'j THENCE N43 15' 00"W 285.33'3 THENCE
NO3 40' 45"E 420.13't THENCE S60 46' 09"E 1326.28'j THENCE
S01 10' 00"W 446.09', THENCE Nee 09' OS"W 103.97', THENCE
N69 49' 10"W 43.63'i THENCE N62 08' 03"W 521.00' TO THE TRUE
POINT OF BEGINNING.
I
•t
E
0
y
IFICyTIC ON
I, , an attorney licensed to
practice in the State of Colorado, hereby certify that I have examined the
Title to the Property proposed for annexation herein, a description of
which is attached hereto as "Exhibit A", and have verified that the signers
of the attached Annexation Petition are owners of real property in the area
proposed for annexation. Furthermore, I certify that said owners constitute
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, alleys and
lands owned by the City of Fort Collins.
Signature
Date