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Home My WebLink AboutHUBER ANNEXATION AND ZONING - 21 91, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 10 ova MEETING DATE 5/20/91 STAFF Ken Waldo City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Huber Annexation and Zoning - #21-91, A APPLICANT: Christine Huber c/o Raymond S. Hale 425 W. Mulberry Street Suite 112 Ft. Collins, CO 80521 PROJECT DESCRIPTION: Request to annex and zone approximately 1.05 acres located west of Taft Hill Road and south of Drake 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 1.05 acres located west of Taft Hill Road and south of Drake Road. The requested zoning is the R-P, Planned Residential District. The property is presently developed and the property - owner operates a group home as a home occupation. The property is currently zoned FA-1 in the County. This is a voluntary annexa- tion. DEVELOPMENT SERVICES 300 LaPorte Ave. P.O. Bo: 580 Fort Collins. CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT Huber Annexation and Zoning, Case #21-91,A May 20, 1991 P & Z Meeting Page 2 Background: The applicant, and owner, Christine Huber, has submitted a written petition requesting annexation of approximately 1.05 acres located west of Taft Hill Road and south of Drake Road. The requested zoning is the R-P, Planned Residential District. The property is presently developed and the property -owner operates a group home as a home occupation. The property is currently zoned FA-1 in the County. This is a voluntary annexation. Any existing commercial signs on the property will have to conform to the City's Sign Code at the conclusion of a five year amortization period. 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 Anton Annexation to the north, the Springbrook 1st Annexation to the east, and the West Drake Annexation to the west. The surrounding zoning and existing land uses are as follows: N: R-P, Planned residential, single-family residential E: B-P, Planned Business, undeveloped S: FA-1, Farming, single-family residential W: R-P, Planned Residential, undeveloped 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 property is currently developed and the property - owner operates a group home as a home occupation. The property is located within the Spring Creek floodplain and will be purchased by the City in 1996 as part of the Storm Water Utility's drainage improvements program. No further development or expansion to the existing use of the property is expected over the next five years. Existing structures will be removed after purchase by the City is completed. 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. Huber Annexation and Zoning, Case #21-91,A May 20, 1991 P & Z Meeting Page 3 2. The area meets all criteria included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On May 7, 1991, 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 July 2, 1991. 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. No Text 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 HkhCO- Annexation to the City of Fort Collins. Said area, consisting of approximately I. ors*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 A- 10 Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. 0 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. "r "la s Signature I` Subscribed and sworn to before me this �21 day of 19 91 , b y G� T Witness my hand and official seal. My Commission expires: Fjlql y 7 Notary Public `J LEGAL DESCRIPTION OF REAL PROPERTY INCLUDED IN THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: T EGAL DESCRIPTION LOTS 8 C 9 OF HEINEMAN'S SPRING CREEK SUBDIVISION, COUNTY OF LARIMER, STATE OF COLORADO, PLUS THE WESTERLY 30.00' OF THE ROADWAY ON THE EAST SIDE OF SAID LOTS, MORE PARTICULARLY DESCRIBED AS FOLLOWSt A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, WHICH CONSIDERING THE EAST LINE OF SAID NORTHEAST QUARTER AS BEARING SOO 15' 59^E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE NORTHEAST CORNER OF SAID SECTION 28 AND RUN THENCE SOO 15' 59^E 730.00' TO THE TRUE POINT OF BEGINNINGS THENCE CONTINUING SOO 15' 59^E 200.00's THENCE S79 25' 01^W 230.00'1 THENCE NOD 15' 59"W 200.00'i THENCE NOB 25' OI^E 230.00' TO THE POINT OF BEGINNING. CONTAINING 1.0558 ACRES. Owner's Signature Address Citv State Date jj Owner's Signature Address Zip City State Date Zip -3- ATTORNEY CERTIFICATION I, RF 4VMO Ind S. an attorney licensed to practice in t4ke 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. S? 67 ig ture Fe L r-q 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: LEGAL DESCRIPTION LOTS 6 6 9 OF HEINEMAN'S SPRING CREEK SUBDIVISION, COUNTY OF LARIMER, STATE OF COLORADO, PLUS THE WESTERLY 30.00' OF THE ROADWAY ON THE EAST SIDE OF SAID LOTS, MORE PARTICULARLY DESCRIBED AS FOLLOWSo A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, WHICH CONSIDERING THE EAST LINE OF SAID NORTHEAST QUARTER AS BEARING SOO 15' 59"E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE NORTHEAST CORNER OF SAID SECTION 28 AND RUN THENCE SOO 15' E9"E 730.00' TO THE TRUE POINT OF BEGINNINGS THENCE CONTINUING SOO 15' 59"E 200.00'1 THENCE S88 25' 01"W 230.00'i THENCE NOD 15' 59"W 200.00's THENCE N88 25' OI"E 230.00' TO THE POINT OF BEGINNING. CONTAINING 1.0558 ACRES. -5-