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HomeMy WebLinkAboutNOEL ANNEXATION & ZONING - 58-87, A - CORRESPONDENCE - PETITIONs 4. September 1, 1987 Mr. Ken Waido City of Fort Collins Planning & Development P.O. Box 580 Fort Collins, CO 80522 RE: NOEL ANNEXATION FORT COLLINS, COLORADO Dear Ken: GEFROH HATTMAN INC. ARCH ITECTSIPLANNERS CONSTRUCTION MANAGEMENT 135 West Swallow Road Fort Collins, CO 80525 (303) 223-7335 The enclosed petition for annexation is submitted on behalf of Mr. Wallace Noel, owner of the 283± acres. Included as a part of the annexation is a smaller portion of property owned by the City of Fort Collins. It is the intention of the owner to request annexation based on an agree- ment between the City of Fort Collins and Mr. Noel. This agreement would identify certain use expectations and densities by right for the property; define a parcel of land that would be dedicated to the City of Fort Collins upon annexation and define a parcel of land that would deed over to Mr. Noel from the City. The entire property lies East of Overland Trail with its Southeast corner at the intersection of Overland and Prospect. The property was approved in Master Plan form in the County in 1984 prior to the inclusion of this property in the Urban Growth Area. Since the property is in the Urban Growth Area and is contiguous to City limits, development must occur with the City. The essence of the annexation is to allow for a portion of the property to be donated to the City as open space along the foothills. The dona- tion would take place at time of annexation approval. The area proposed to be donated to the City is basically the area which lies directly above the 5200 foot elevation. This area is of importance to the City as open space and is specifically identified in the newly created Park and Recre- ation Master Plan as desired open space. The proposed annexation would bring this approximately 136 acre parcel into the City limits and under the ownership of the City of Fort Collins without any cash purchase on the City's behalf. The property which Mr. Noel would receive is the approx- imate 2-acre site at the Southwest corner of Overland and Prospect formally used as a substation. This property is currently in the County and could be annexed along with Mr. Noel's property. Mr. Ken Waido September 1, 1987 Page 2 Mr. Noel's property development under the RF Zone would allow on a clus- tered basis one unit per acre. This would total 283± units on the overall property. Under the agreement to annex which provides for the donation and exchange of the above -mentioned parcels the densities and use considerations would be guaranteed. We request that the lower property, which is generally that below 5200 feet in elevation, be developed to a greater density than allowed in the RF Zone. We propose that a maximum of 500 living units be granted by right under the RLP Zone. In addition an approximate 20-acre site would be set aside and zoned by for a future neighborhood shopping center. The annexation map shows this area to be along Overland Trail and at the Northeast corner of Overland and Prospect. It is the feeling of the owner that these densities and uses are appropriate given City land use policies and ultimate City goals and objectives. The donation of this property to the City is specifically contingent on the uses and densities requested for annexation. Upon approval by the City Council, the property would be deeded over to the City of Fort Collins and the smaller City site would be deeded over to Mr. Noel. It is our recommendation that a final annexation and signed by all appropriate parties during the The owner will draft the agreement for review by based upon input by City staff. Respectfully, GEFROH HATTMAN INC. Ja es A. Gefro resident kam enc. agreement be written petition processing. the City legal staff ICY• 0 .! 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 oel Annexation to the City of Fort Collins. Said area, consisting of approximately 287.5525 acres is.more particularly described on Attachment "A", attached heretd. 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 50% of the landowners in the area owning more than 50% of the land in the area, exclusive of streets and alleys, has been complied with. WHEREFORE, said petitioners request that the Council of the. City of Fort Collins approve the annexation of said area. Futhermore, the petitioners request that said area be placed in the R.L.P. and B.P. Zoning District pursuant to Chapter 118 (Zoning) of the Code of the City of Fort Collins. ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -.pit: A tract of land situate in the South 1/2 of Section 17, Township 7, North, Range 69 West of the Sixth P.M., Larimer County, Colorado which considering the East line of the South 1/2 of said Section 17 as bearing S 00' 31' W and with all bearings contained herein, relative thereto is contained within the.boundary lines which begin at the Southeast corner of said Section 17 and run thence S 850 30' W 2652.08 feet to the South 1/4 corner of said Section 17; thence S 840 59' W 2740.32 feet to the Southwest corner of said Section 17; thence N 000 38' E 2647.39 feet to the West'l/4 corner of said Section 17; thence N 85" 20.' 55" E 2733.98 feet to the Center 1/4.corner of said Section 17; thence along the East line of the Southwest 1/4 of said Section 17, S 00' 31' 55" W 597.50 feet; thence N 85' 20' 55" E 2501.96 feet; thence S 00' 31' W 50.00 feet; thence N 85' 20' 55" E 120.20 feet; thence N 00' 31' E 236.10 feet; thence N 850 20' 55" E 30.00 feet to the East line of the said South 1/2; thence along said East line, S 00' 31' W 2225.00 feet to the point of beginning, EXCEPT the following described tract; Begin at the Southeast corner of said Section 17 and run thence N 000 31' E 1149.03 feet; thence S 85'.14' 18" W 3795.61 feet; thence N 280 25' 23" W 385.10 feet; thence S 85' 14' 18" W 330.00 feet; thence N 280 25' 23" W 14.00 feet to the true point of beginning; thence S 61' 34' 37" W 100.00 feet; thence N 28' 25' 23" W 200.00 feet; thence N 61' 34' 37" E 200.00 feet; thence S 28' 25' 23" E 200.00 feet; thence S 61' 34' 37" W 100.00 feet to the true point of beginning. The above described tract contains 287.5525 acres more or less. r LEGAL DESCRIPTION OF REAL PROPERTY INCLUDED IN THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: A tract of land situate in the South 1/2 of Section 17, Township 7 North, Range 69 West of the Sixth P.M., which considering the East line of the South 1/2 of said Section 17 as bearing S O' 31'.W and with all bearings contained herein. relative thereto is contained within the boundary lines which begin at the Southeast corner of said Section 17 and run thence S 85' 30' W 2652.08 feet to the South 1/4 corner of said Section 17; thence S 84' 59' W 1181.25 feet along the South line of the Southwest 1/4 of said Section 17; thence N 00' 35' E 475.00 feet; thence S 840 59' W 425.00 feet; thence S 000 35' W 475.00 feet to a point on the South line of the said Southwest 1/4; thence S 840 59' W 1134.07 feet to the Southwest corner of. said Section 17; thence N 00' 38' E 2647.39 feet to the West 1/4 corner of said Section 17; thence N 85' 20' 55" E 2733.98 feet to the Center 1/4 corner of said Section 17; thence along the East line of. the Southwest 1/4 of said Section 17, S 000 31' 55" W 597.50 feet; thence N 85' 20' 55" E 2501.96 feet; thence S 00' 31' W 50.00 feet; thence N 85' 20' 55" E 150.20 feet to a point on the East line.of the said South 1/2; thence along said East line, S 00' 31' W 1988.90 feet to the point of beginning, EXCEPT the following described tract: Begin at the' Southeast corner of said Section 17 and run thence N 00' 31' E 1149.03 feet; thence S 850 14' 18" W 3795.51 feet; thence N 28' 25' 23" W 385.10 feet; thence S 85' 14' 18" W 330.00 feet; thence N 28' 25' 23" W 14.00 feet to the true point of beginning; thence S 61' 34' 37" W 100.00 feet; thence N 28' 25' 23" W 200.00 feet; thence N 61' 34' 371 E 200.00 feet; thence S 28' 25'.23" E 200.00 feet; thence S 610 34' 37" W 100.00 feet to the true point of beginning. The above described parcel exclusive of the exception contains 282.7783 acres more or less. Owner's Signature Wallace R. Noel Address City . State. Owner's Signature Address City State Zip Date 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: A tract of land.situate in the Southwest 1/4 of Section 17, Township 7 North, Range 69 West of. the Sixth P.M., which.considering the South line of the said Southwest 1/4 as bearing S 84' 59' W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the South line of the said Southwest 1/4 which bears S•84° 59' W 1181.25 feet from the*South 1/4 corner of said Section 17 and run thence S 84° 59' W 425.00 feet along the said South line;.thence N 00' 35' E 475.00 feet; thence N 84' 59' E 425.00 feet; thence S 00' 35' W 475.00 feet to the.point of beginning, containing 4.6123 acres more or less. Owner's Signature City of Fort'Collins Address City . State Zip Date owner's Signature Address City State Zip Date ATTORNEY CERTIFICATION I, an attgrney 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 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. Signature Date •Nd 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 TRACT TO BE ZONED R. L.P. A tract of land situate in the South 1/2 of Section 17, Township 7 North, Range 69 West of the Sixth P.M., Larimer County, Colorado, which considering the East line of the South 1/2 of said Section 1.7 as bearing S 00' 31' W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the South line of the Southeast 1/4 of said Section 17 which bears S 85' 30' W 750.00 feet from the Southeast corner of said Section 17 and run thence S 85' 30' W 1902.08 feet to the South 1/4 corner of said Section 17; thence S 84' 59' W 2740.32 feet to the Southwest corner of said Section 17; thence N 00' 38' E 2647.39 feet to the West 1/4 corner of said Section 17; thence N 850 20' 55" E 2733.98 feet to the Center 1/4 corner of said Section 17; thence along the East line of the Southwest 1/4 of said Section 17, S 00' 31' 55" W 597.50 feet; thence N 85' 20' 55" E 2501.96 feet; thence S 00' 31' W 50.00 feet; thence N 850 20' 55" E 120.20 feet; thence N 00' 31' E 236.10 feet; thence N 85' 20' 55" E 30.00 feet to the East line of the said South 1/2; thence along said East line S 000 31' W 1065.93 feet; thence S 85' 14' 18" W 750.31 feet; thence S 00' 31' W 1155.63 feet to the point of beginning, EXCEPT the following described tract: Begin at the Southeast corner of said Section 17 and run thence N 00' 31' E 1149.03 feet; thence S 85' 14' 18" W 3795.61 feet; thence N 28' 25' 23" W 385.10 feet; thence S 85' 14' 18" W 330.00 feet; thence N 28' 25' 23" W 14.00 feet to the true point of beginning; thence S 61' 34' 37" W 100.00 feet; thence N 28' 25' 23" W 200.00 feet; thence N 61' 34' 37" E 200.00 feet; thence S 28' 25' 23" E 200.00 feet; thence S 61' 34' 37" W 100.00 feet to the true point of beginning. The above described tract exclusive of the exception contains 267.7020 acres more or less. TRACT TO BE ZONED B.P. A tract of land situate in the Southeast 1/4 of Section 17, Township 7 North, Range 69 West of the Sixth P.M., Larimer County, Colorado, which considering the East line of the said Southeast 1/4 as bearing S 00' 31' W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Southeast corner of said Section 17 and run thence S 85' 30' W 750.00 feet along the South line of the said Southeast 1/4; thence N 00' 31' E 1155.63 feet; thence N 85°-14' 18" E 750.31 feet to a point on the East line of the said Southeast 1/4; thence S 00' 31' W 1159.07 feet to the point of beginning, containing 19.8505 acres more or less.