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HomeMy WebLinkAboutPICKETT THIRD ANNEXATION AND ZONING 1.27.92 P AND Z BOARD HEARING - 56 91B, C - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 16 MEETING DATE 1/27/92 STAFF Ken Waido City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Pickett Third Annexation and Zoning - #56-91, B, C APPLICANT: Gary Nordic OWNER: Eric Peterson 809 W. Harmony Road 1919 Westview Road Ft. Collins, Co 80525 Ft. Collins, CO 80521 PROJECT DESCRIPTION: Request to annex and zone approximately 10,605 square feet located just south of the terminus of Westview Road, south of Country Club Road. The requested zoning is the R-P, Planned Residential, District. RECOMMENDATION: Staff recommends approval of the annexation and zoning request. EXECUTIVE SUMMARY: This is a request to annex and zone approximately 10,605 square feet located just south of the terminus of Westview Road, south of Country Club Road. The requested zoning is the R-P, Planned Residential, District. The property is presently developed as a part of Lot #5 of the Terry Ridge Subdivision. The area to be annexed will be used as street right-of-way to provide access to the Pheasant Ridge Estates Subdivision, a proposed residential development within the city limits. The property is currently zoned FA Farming in the County. This is a voluntary annexation. DEVELOPMENT SERVICES 300 LaPorte Ave_ P.O. Box 580 Fort Collins. CU 80522-0580 (303) 221-6750 PLANNING DEPARTMENT Pickett Third Annexation and Zoning, #56-91B,C January 27, 1992 P & Z Meeting Page 2 Backaround: The applicant, Gary Nordic, on behalf of the owner, Eric Peterson, has submitted a written petition requesting annexation of approximately 10,605 square feet located just south of the terminus of Westview Road, south of Country Club Road. The requested zoning is the R-P, Planned Residential, District. The property is presently developed as a part of Lot #5 of the Terry Ridge Subdivision. The area to be annexed will be used as street right-of-way to provide access to the Pheasant Ridge Estates Subdivision, a proposed residential development within the city limits. The property is currently zoned FA Farming in the County. 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 consider the annexation of 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 Pickett Annexation to the south. The surrounding zoning and existing land uses are as follows: N: FA, Farming, Terry Ridge Subdivision E: FA, Farming, Terry Ridge and Puebla Vista Estates Subdivisions S: R-P, Planned Residential, undeveloped W: FA, Farming, non -subdivision development The requested zoning for this annexation is the R-P, Planned Residential District. The R-P District designation is for areas planned as a unit to provide a variation in use and building placement. The area to be annexed will provide street right-of-way access to property which will eventually develop as the Pheasant Ridge Estates Subdivision located within the city limits. On July 22, 1991, the Planning and Zoning Board reviewed a preliminary plan for the Pheasant Ridge Estates Subdivision, a request for 25 single-family lots located on 19.23 acres. The Board voted 6-0 to approve the preliminary plan with the following four conditions: A 46 foot wide dedicated right-of-way (ROW) be secured by the developer/owner of Pheasant Ridge Estates from the owners of Lot #5 prior to final approval. This access easement must be accepted by the County and recorded with the Larimer County Clerk and Recorder's office prior to recording of Pheasant Ridge Estates subdivision plat. Pickett Third Annexation and Zoning, #56-91B,C January 27, 1992 P & Z Meeting Page 3 2. The determination of responsibility for perpetual maintenance of the two detention ponds be made by the City Stormwater Utility prior to final approval. 3. A landscape plan for the on -site detention ponds be submitted to the City for final review. 4. Access from Spaulding Lane be reviewed by the Board with recommendations from staff at the time of final. This annexation will assist the developer of the Pheasant Ridge Estates subdivision in fulfilling condition #1 above. Staff expects opposition from the residents of the Terry Ridge Subdivision to this annexation because the annexation will facilitate the connection of an access point from the Pheasant Ridge Estates subdivision to Westview Road. From staff's perspective concerning the connection to Westview Road, it is clear the Larimer County Board of Commissioners intended to provide access to properties south of Terry Ridge Subdivision via an extension of Westview Road when the Commissioners required a 60' wide reservation for future road R.O.W. as a part of both Lot #5 and Lot #6 of the Terry Ridge Subdivision. Technically, the annexation of this area for street R.O.W. will do no more than officially "bend" the existing road R.O.W. reservation to the southwest, rather than going straight south as was previously anticipated. Findings 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 January 7, 1992, 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 first reading of the Ordinances annexing and zoning the property will be considered by the City Council on February 18, 1992. 4. The requested R-P, 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. rA" it DR, 5 L � 3 LD P jD ELLYIO°D1 16 6 / P IY W A L P O L A fs„ 7 S n A b I G to s T W ly IL N is b a S 4 5 13 $ FA 1 cR 4G U 0 Y T O 8 6 uj uj I 2 � � a p v�i L J a 4 3 8 9 TERRY RIDGE lD J 2nd 5 F- 3rd,� 4 LIL DI i � 9 ■ !�i i5 9 � g / maims ■�17 o ■ . P U ? Z W j RP zo .1 ■ RLP s Hg s6 Nun - FLIV50I Kthl V T5 V MDANGC �� by O 0 i ITEM: PICI -ETT SECOND & THIRD Annexation & Zoning NUMBER: 56-91, A 56-91B, C 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 %/�/•P� 4Ll2z�Pzz Annexation to the City of Fort Collins. Said area, consisting of approximately 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. & 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 /P/5' Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. f Q 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 26th 19 91 f by Witness my hand and official seal. My Commission expires: 11 /8/95 Jack Blake day of November -2- 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 part of Lot 5, Terry Ridge, situate in the North i of the Southeast a of Section 36, Township 8 North, Range 69 West of the Sixth P.M., Larimer County, Colorado, which considering the North line of the said Southeast I as bearing East and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Southeast corner of said Lot 5 and run thence along the South line of said Lot 5, S 89' 57' 40" W 112.15 feet; thence along the arc of a non —tangent 543.45 foot radius curve to the left a distance of 172.42 feet, the long chord of which bears N 24' W -42" E 171.70 feet to a point on the Easterly line of said Lot 5; thence along said Easterly line along the arc of a non —tangent 50.00 foot radius curve to the left a distance of 49.46 feet, the long chord of which bears S 61° 39' 47" E 47.47 feet; thence continuing along said Easterly line, South 134.01 feet to the point of beginning, containing 10,605 square feet more or less. CAL Owner's Signature 1-15'e-11 5T Address City State Zip Date Owner's Signature Addt ss City State Zip 12- > -9/ Date -3- ATTORNEY CERTIFICATION an attorney licensed to practice in the State of Colorad hereby certify that I have examined the records of the Clerk and Reco der 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. GE ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: A part of Lot 5, Terry Ridge, situate in the North 2 of the Southeast a of Section 36, Township 8 North, Range 69 West of the Sixth P.M., Larimer County, Colorado, which considering the North line of the said Southeast a as bearing East and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Southeast corner of said Lot 5 and run thence along the South line of said Lot 5, S 89' 57' 40" W 112.15 feet; thence along the arc of a non —tangent 543.45 foot radius curve to the left a distance of 172.42 feet, the long chord of which bears N 24' IL' 4 2" E 171.70 feet to a point on the Easterly line of said Lot 5; thence along said Easterly line along the arc of a non —tangent 50.00 foot radius curve to the left a distance of 49.46 feet, the long chord of which bears S 61° 39' 47" E 47.47 feet; thence continuing along said Easterly line, South 134.01 feet to the point of beginning, containing•10,605 square feet more or less.