HomeMy WebLinkAboutFLATIRON EAST PROSPECT ROAD FIRST ANNEXATION & ZONING - 28-88, A - CORRESPONDENCE - RESPONSE TO APPLICANTt • •
CITY OF FORT COLLINS
OFFICE OF DEVELOPMENT SERVICES, PLANNING DEPARTMENT
January 29, 1988
Mr. Mike Hart, Vice President
Flatiron Sand and Gravel Company
P.O. Box 229
Boulder, CO 80306
Dear Mike,
Wow, how
time flies when you're
having fun!
I apologize for the length
of time it has
taken me to respond to
your last letter
concerning the Flatiron
East Prospect Road First Annexation.
The delay
was not due to any major
problems with
the material which you
submitted.
In fact, the City will be
requesting only
minor changes in that
material.
I, however, have been busy
on other items
trying to resolve issues between the
City and County.
I have returned a copy of the Annexation Petition and Annexation
Agreement with our suggested changes indicated in red. I will attempt to
describe the reasons for these suggested changes within this letter. I have
also included a copy of the Annexation Plat for you review. This plat has
been corrected based on comments we received for your engineer.
PETITION FOR ANNEXATION
1. The title of the annexation should be the "Flatiron East Prospect Road
First Annexation".
In the WHEREFORE paragraph on the bottom of the page, in sentence
(1) after "Annexation Agreement," add "Attachment "B", attached hereto,". Also,
the statement indicating Flatiron may withdraw its Petition for Annexation
should be moved from Attachment "B" page 3 section #5 to this portion of
the Petition for Annexation.
2. No changes need to be made to page 2.
3. In Attachment "A", the title of the annexation should be the "Flatiron East
Prospect Road First Annexation".
OFFICE OF DEVELOPMENT
SERVICES, PLANNING
300 LaPorte Ave. • P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221-6750
Attachment "A" should only contain the legal description of the boundary
of the area to be annexed, ie. the same legal as appears on the Annexation
Plat. The reference to, "See Exhibits "C", "D", "E", "F", "G", "H", and "I" to
Annexation Agreement" should be deleted and the legal description from the
Annexation Plat added.
4. The next several pages of the Annexation Petition should be what we refer
to as the "owner's pages" titled, LEGAL DESCRIPTION OF REAL PROPERTY
INCLUDED IN THE ANNEXATION. There should be one of these pages for
each separate parcel included in the annexation. Each page should include
the legal description of the particular parcel and must be signed by the
owners of that parcel.
5. No changes need to be made to the ATTORNEY CERTIFICATION page.
ATTACHMENT "B"
1. In Attachment "B", the title of the annexation should be the "Flatiron East
Prospect Road First Annexation".
2. The date of the agreement should be changed from "October ,
1987," to 1988,".
3. In paragraph A. of the RECITALS section, the size of the annexation
should be changed from "100" acres to "144" acres to be consistent with the
size indicated in the Annexation Petition.
4. In the AGREEMENT section, section #1 needs to be changed. According to
the City Attorney, annexation is a legislative action by the City Council. As
a legislative action wording cannot be included which binds the City Council
to a specific action. Therefore, section #1 should be changed to, "If the City
approves the annexation and zoning of the property, then such annexation and
zoning shall be subject to the provisions of this agreement."
5. As indicated earlier, section #5 on page 3 should be moved to be a part of
the Annexation Petition.
6. Sections #6 and #7 should be renumbered to #5 and #6 respectively.
If you have further comments and/or questions, please feel free to
contact me. I look forward to hearing from you soon with a completed
annexation package.
Sincerely,
,��K
Kenneth G. Waido
Chief Planner
•
•
PETITION FOR ANNEXATION
EAST PROSPECT ROAD _, =
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 Flatiron East Prospect Road First Annexation
to the City of Fort Collins. Said area, consisting of
approximately 144 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. 1973, 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 amendment to Article II of the Constitution of
the State of Colorado, passed on November 4, 1980, establishing
the requirement that an annexing municipality receive a petition
for annexation signed by more than 500 of the landowners in the
area owning more than 50a of the land in the area, exclusive of
streets and alleys, has been complied with.
8-.. That this petition is signed by 100 0 of the owners of the
area to be annexed, exclusive of streets and alleys.
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 I-G, General Industrial Zoning District with two conditions,
(1) limiting the use of the Property to the Existing Use, as
defined in the Annexation Agreement, and (2) any proposed
redevelopment of the Property from the Existing Use shall be
submitted and reviewed for approval as a Planned Unit
Development." _ , ,„ /_ r
' �ii�ii-G�ii1 :4(GK td,� � C.�: T t�KKL✓L
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STATE OF COLORADO)
) ss.
COUNTY OF LARIMER)
The undersigned, Michael J. Hart, 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.
Michael J. Hart
Subscribed and sworn to before me this day of
December, 1987.
Witness my hand and official seal.
My commission expires:
-2-
Notary Public
•
•
ATTACHMENT "A"
TO
PETITION FOR ANNEXATION
EAST PROSPECT ROAD
LEGAL DESCRIPTION OF REAL PROPERTY
INCLUDED IN THE ANNEXATION
A tract of land situate in the County of Larimer, State of
Colorado, to -wit:
e"t C,
See Exhibits "C", "D", "E", "F", "G", "H" and "I" to
Annexation Agreement. j
LEGAL DESCRIPTION
A TRACT OF LAND SITUATE IN SECTION 21, THE SW 1/4 OF SECTION
16, AND THE NE 1/4 OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 68
WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, WHICH CONSIDER-
ING THE WEST SINE OF THE NORTHWEST QUARTER OF SAID SECTION 21
AS BEARING NOO 17' 23"E AND WITH ALL BEARINGS CONTAINED
HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY
LINES WHICH BEGIN AT THE WEST QUARTER CORNER OF SAID SECTION
21 AND RUN THENCE NOO 17' 23"E 2655.47' TO THE NORTHWEST
CORNER OF SAID SECTION 21; THENCE N00 13' 43"E 30.01' TO THE
NORTH ROW LINE OF EAST PROSPECT ROAD, THENCE S88 14' 33"E
2485.94' ALONG THE NORTH ROW LINE; THENCE SOO 23' 55"W 30.01'
TO A POINT ON THE NORTH LINE OF SECTION 21; ;
THENCE SOO 23' 55"W 574.50'; THENCE S88 14' 33"E 160.00';
THENCE SOO 23' .55"W 612.55'; THENCE S57 23' 22"W 930.13';
THENCE SOO 23' 55"W 730.90'; THENCE N99 46' 32"E 416.84';
THENCE SOI 10' 00"W 2111.041; THENCE S60 46' 09"E 96.74';
THENCE S03 40' 45"W 420,13'; THENCE S43 15' 00"E 285.33';
THENCE S88 35' 16"E 135.18'; THENCE S67 12' 45"E 261.63;
THENCE SOI 10' 0011W 100.00'; THENCE N84 44' 03"W 242.49'
THENCE NOO 11' 10"E 79.12' TO THE SOUTH QUARTER CORNER OF
SAID SECTION 21, THENCE ALONG THE SOUTH LINE OF THE SW 1/4
OF SAID SECTION 21 N98 36' 03"W 4437.56; THENCE NOI 21' 57"E
613.42'; THENCE N22 06' 17"W 168.06'; THENCE NO[ 10' 00"E
1491.85'; THENCE N30 53' 36"W 475.46'; THENCE N88 26' 30"W
1922.03' TO THE POINT OF BEGINNING, LESS A PARCEL DESCRIBED
AS BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 21,
AND THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 21 S88 14' 33"E 2485.65'; THENCE S00 23' 55"W 574.50';
THENCE S89 16' 57"W 311.07' TO THE TRUE POINT OF BEGINNING;
THENCE N88 14' 33"W 466.69'; THENCE NO3 54' 33"W 560.5l';
THENCE S88 14' 33"E 466.69'; THENCE S03 54' 33"E 560.51'
TO THE POINT OF BEGINNING.
CONTAINING 144.49E ACRES
LEGAL DESCRIPTICN OF REAL, _ :ZOPE°T'Y
INCLUDED IN THE AI\TNE:L.TICN
A tract of land situate in the County of Larirer, State of Colorado to -wit:
Owner's Signature
Address
City State
Date
Zip
tamer's Signature
Address
City State Zip
Date
ATTORNEY CERTIFICATION
I, am attorney licensed to
practice in the State of Colorado, hereby certify that I have
examined the records of the Clerk and Recorder of Larimer County,
Colorado, 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 500 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.
Signature
Date
E
•
ATTACHMENT B
TO PETITION FOR
EAST PROSPECT ROAD
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT (the "Agreement") dated as of
;October 1987, is between FLATIRON COMPANIES, a Colorado
general partnership, P.O. Box 229, Boulder, Colorado 80306
("Flatiron"), and the CITY OF FORT COLLINS, a Colorado municipal
corporation (the "City").
RECITALS
A. Flatiron owns approximately 1-00 acres of land along East
Prospect Road on the southern boundary adjacent to the City whic
land is more particularly described on Exhibit A hereto (the
"Property"). An affiliate of Flatiron, Flatiron Paving Company,
excavates, imports and processes sand and gravel and conducts
manufacturing and sales operations on the Property (the "Existing
Use"). The Existing Use is more particularly described
hereafter.
B. The City desires to annex the Property and Flatiron
desires the Property to be annexed. Both the City and Flatiron
desire that the Existing Use of the Property be continued,
without imposition of any requirement for approval of a Planned
Unit Development.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises
herein contained, the parties agree as follows:
10 V `� 1. Upon the filing of a valid Petition for
City agrees to annex the Property by passage of
ordinance (the "Annexation Ordinance") and all
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Annexation, the �J
an appropriate
other necessary/
2. A zoning ordinance adopted contemporaneously with the
Annexation Ordinance shall include provisions zoning the Property
as an I-G, General Industrial, Zoning District with the following
two conditions, (1) limiting the use of the Property to the
Existing Use, as defined below, and (2) any proposed
redevelopment of the Property from the Existing Use shall be
submitted and reviewed for approval as a Planned Unit
Development.
3. The Zoning shall allow expansion, modernization,
additions, updating, increased capacity and the like, of the
Existing Use, without imposition of any requirement for approval
of a Planned Unit Development.
•
4. The Existing Use includes, but is not limited to, the
following:
4.1 The excavation, delivery and sale of sand,
gravel and earth, the manufacturing and sale of
construction aggregates and the use of all equipment
directly associated with or incidental to such
excavation, importation, manufacturing, and delivery.
4.2 The manufacturing, delivery and sale of
asphaltic concrete and the use of all equipment
directly associated with or incidental to the
manufacturing of asphaltic concrete and its delivery
and placement.
4.3 The manufacturing, delivery, placement and
sale of ready -mixed concrete and the use of all
equipment directly associated with or incidental to the
manufacturing of ready -mixed concrete, including, but
not limited to, concrete mixer trucks and placement
equipment.
4.4 Importation of sand, gravel, crushed stone,
asphalt oil, additives to asphalt concrete and ready -
mixed concrete, cement, used concrete, used asphalt and
all other raw -materials directly associated with or
incidental to the operations identified herein.
4.5 Stockpiling of sand, gravel, crushed stone,
used concrete, used asphalt and all other materials
directly associated with or incidental to the
operations identified herein, both as raw material
(unprocessed) and as finished product (processed)
material.
4.6 The recycling of sand, gravel, crushed stone,
used concrete, used asphalt and all other materials
directly associated with or incidental to the
operations identified herein.
4.7 The maintenance,'repair, storage, parking and
occasional sale of all equipment either directly
associated with or incidental to the operations
described herein, or directly associated with or
incidental to the construction of roads, bridges, curbs
and gutters, and concrete structures.
4.8 The maintenance, repair, replacement,
upgrading and modernization of any and all buildings,
plants and equipment directly associated with or
incidental to the operations described herein.
-2-
4.9 Office and scale facilities, along with sales,
service, estimating and all other activities directly
associated with or incidental to the operations
described herein.
4.10 Fuel storage incidental to the operations
described herein, including but not limited to,
gasoline, diesel, natural gas, propane, compressed
natural gas and coal.
4.11 All activities directly and indirectly
related to the operations described herein.
4.12 The Existing Use is agreed to be a presently
existing legal use, as of date of annexation.
5. Cottonwood may, in its sole discretion, withdraw its
Petition for Annexation at any time prior to the Second Reading
of the Annexation Ordinance if it disagrees in any way with the
wording of the Annexation Ordinance, or the zoning ordinance or
if, for any reason, it decides that it prefers not to have the
Property annexed to the City.
'--Fr. This Agreement may be recorded in order to put interested
parties on notice of the terms hereof.
,t T. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties hereto have signed this
Agreement as of the date first set forth above.
Attest:
City Clerk
ME
CITY OF FORT COLLINS, COLORADO
By:
Steven C. Burkett
City Manager
FLATIRON COMPANIES, by its
General Partner
By:
Edwin C. McDowell, Jr.
General Partner
STATE OF COLORADO)
) ss.
COUNTY OF BOULDER)
The foregoing instrument was acknowleda_ed before me
this day of , 1987, by Edwin C. McDowell,
Jr., as General Partner of Flatiron Companies, a Colorado
partnership.
Witness my hand and official seal.
My commission expires:
-4-
Notary Public