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HomeMy WebLinkAboutWEBSTER SECOND ANNEXATION AND ZONING APRIL 27, 1992 P AND Z BOARD HEARING - 21 92, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 1 8 MEETING DATE 4 Z 2 7/ A 2 STAFF -Steve Olt City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Webster Second Annexation and Zoning - #21-92,A APPLICANT: The Kaplan Company 1060 Sailors Reef Fort Collins, CO. 80525 PROJECT DESCRIPTION: Request to annex and zone 91.0353 acres located at the northwest corner of County Road No. 9 and East Horsetooth Road (County Road No. 40). The requested zoning is the rlp, Low Density Planned Residential District, with a Planned Unit Development condition. RECOMMENDATION: Staff recommends approval of the annexation and zoning request. EXECUTIVE SUMMARY: This is a request to annex and zone 91.0353 acres located at the northwest corner of County Road No. 9 and East Horsetooth Road (County Road No. 40). The requested zoning is the rlp, Low Density Planned Residential District, with a P.U.D. condition attached. The property is undeveloped and is currently zoned FA-1, Farming in Larimer County. This is a 100% voluntary annexation. DEVELOPMENT SERVICES 300 LaPorte Ave. P.O. Boa 580 Fort Collins. CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT Webster Annexation and Zoning, #21-92A April 27, 1992 P & Z Meeting Page 2 Backaround: The applicant Lester Kaplan, on behalf of the property owner Harold Webster, has submitted a written petition requesting annexation of 91.0353 acres located at the northwest corner of County Road No. 9 and East Horsetooth Road (County Road No. 40). The requested zoning is the rlp, Low Density Planned Residential District, with a Planned Unit Development condition. The property is currently zoned FA-1, Farming in Larimer County. This is a 100% voluntary annexation. The applicant proposes development of single family lots and patio homes on this property. 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 agree to consider annexation of property in the UGA when the property is eligible for annexation according to State law. This property gains the required 1/6 contiguity to existing City limits from a common boundary with the Spring Creek Farms Third Annexation to the south, Timberline-Horsetooth Second Annexation to the west, and Blue Spruce Farm & Rigdon Farm Annexations to the north. The surrounding zoning and existing land uses are as follows: N: RP and T-Transition, undeveloped (proposed Pinecone P.U.D., Overall Development Plan) S: RLP, planned single family residential (English Ranch Subdivision) E: FA-1, undeveloped Larimer County W: RP, undeveloped (proposed Pinecone P.U.D., Overall Development Plan) The requested zoning for this annexation is the rlp, Low Density Planned Residential Zoning District, with a P.U.D. condition attached. The rlp District is for areas planned as a unit to provide variation in use, density and building placement. The property is currently undeveloped and the applicant is planning to develop single family lots and patio homes on the property. 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. Webster Annexation April 27, 1992 P & Page 3 and Zoning, #21-92A Z Meeting 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 21, 1992, the City Council will consider a resolution determining that the proposed annexation 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 first reading of the Ordinances annexing and zoning the property will be considered by the City Council on June 2, 1992. 4. The requested RLP, Low Density 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. ITEM: Webster 2nd Annexation NUMBER: 21-92 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 (4J*2 /-�,ltfl FL^s /,Panel CX4 Ltb jj: Annexation to the City of Fort Collins. Said area, consisting of approximately �?R + 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 _gyp Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. I 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. Q/J_/( Aires Circulator's Signature Subscribed and sworn to before me this �_ day of -tL CJ 19, by tCSh►" lYl . t G�Iczn Witness my hand and official seal. My Commission expires: My Commission Expires November 19, 199b AL--�-a lxN ub o Notary ublic -1- LEGAL DESCRIPTION OF REAL PROPERTY INCLUDED IN THE ANNEXATION A tract of land situate in the County of Larimcr, State of Colorado to -wit: A tract of land located In the S 1/2 of Section 29, T a. R629. of the 6th P.M.. of Lariarr County, Colorado, being core particularly described as follows: Considering the South Line of the SE 1/4 of the said Section 29 as bearing :t C9' 32' 2S' W and with all bearings contained herein relative thereto: Commencing at the SE corner of :qe said Section 29. said point being the True Point of Beginning. Thence along the said South Line.*R 89' 32' 25" W. 2646.79 feet to the S 1/4 corner of the said Section 29; thence, along the South line of the SW 1/e of the said Section 29. It 89. 32' 37" W. 381.00 feet; thence leaving the said South line, 0 00' 13' 23' E. 1329.61 feet to a point on the north line of the South 1/2 of the said SW 1/e• trrence. along the said North Line, S 89' 28' SB" E. 372.92 feet to a point on the north -South centerline of the -.Ad St:tian 29; :Mona, along the North Line of the South 1/2 of the SE 1/4 of the said Section 29, S 89. 28' S2' E. 264:.S3 feet to a paint on the East line of the said SE 1/4; thence, along the said East Line. S 00. 10' 52' L. 1325.55 feet to the SE corner of tee said Section 290 and the True Point of Beginning. :rre above described tract contains 92.097 acres and is subject to all easements and rights -of -way now on record tr irdica:ed on the at:.:na.: plat. � R W.J.- d- Owner's Signature Address Pot City State Zip Owner's Signature Address City State Zip Date Date ar-,a:.sasc AND avroiw i To & O M ME THOB r BEEAL if ^ .OMIA1aeKONEWIF" MDTMq' my Commiss'anFxpires Novernber 1931b ATTORNEY CERTIFICATION I, yiN a i�'. �154/1e= R fan attorney licensed to practice in the State of Colorado, hereby certify that I have examined the recorus 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. ,Y/9 /g Date -4- ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: A tract of land located in the S 1/2 of Section 29. T73. R62W, of the 6th P.N.. of Larimer County, Colorado, being more particularly described as follows: Considering the South Line of the SE 1/4 of the said Section 29 as bearing 11 89. 32' 25" W and with all bearings contained herein relative thereto: Conmencing at the SE corner of the said Section 29, said point being the True Point of Beginning. Thence along the said South Line. .11 89' 32' 25" W. 2646.79 feet to the S 1/4 corner of the said Section 29; thence. along the South Line of the SW 1/4 of the said Section 29. 11 89' 32' 37" W. 381.00 feet; thence leaving the said South Line. 11 00. 13' 23" E. 1329.61 feet to a point on the North Line of the South 1/2 of the said SW 1/4; thence. along the said North Line, S 89' 28' 58" E. 372.92 feet to a point on the North -South centerline of the :9d St:;ian 29; ;hence, along the North Line of the South 1/2 of the SE 1/4 of the said Section 29, S 89. 28' 52' :. 264:.c.3 fee; to a point on the East Line of the said SE 1/4; thence, along the said East Line, S 00' 10' 52' i.. 1375.55 feet to the SE corner of the said Section 290 and the True Point of Beginning. :ne above described tract contains 92.097 acres and is subject to all easements and rights -of -way now od record ar indicated on the attd:ni., plat. -5-