The URL can be used to link to this page

Home My WebLink AboutBURNS ANNEXATION AND ZONING - 23 90, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 6 MEETING DATE 6-25-90 STAFF Ken Waido PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Burns Annexation and Zoning - #23-90, A APPLICANT: Rex Burns OWNERS: Rex A. Burns c/o Cityscape Urban Design 607 Homestead Court 3030 S. College Avenue #200 Ft.. Collins, CO 80526 Ft. Collins, CO 80525 Ruth E. Burns 2837 Overland Trail Ft. Collins, CO 80526 Joan L. Flory f/k/a Joan Grant 3813 Tradition Drive Ft. Collins, CO 80526 Carol Gathright 5139 Holms Place Boulder, CO 80302 Judy Alley 1129 Princeton Drive Longmont, CO 80501 PROJECT PLANNER: Ken Waido PROJECT DESCRIPTION: Request to annex and zone approximately 45.65 acres located west of Overland Trail and south of Drake Road (extended). The requested zoning is the R-F, Foothills Residential District. RECOMMENDATION: Staff recommends approval of the annexation and zoning request. EXECUTIVE SUMMARY: This is a request to annex and zone approximately 45.65 acres located west of Overland Trail and south of Drake Road (extended). The requested zoning is the R-F, Foothills Residential District. The prop- erty is largely undeveloped, with two single-family residences are located on the property. The property is currently zoned FA-1, Farming in the County. This is a voluntary annexation. DEVELOPMENT SERVICES 300 LaPorte Ave. P.O. Box 580 Fort Collins. CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado; to wits A parcel of land situated in the Northeast 1/4 of Section 29, Township 7 North, Rance 69 nest of the 6th P.M., Lari^es County, Colorado, described as follows.: All bearings contained herein are re.lative to the northerly line of Section 29 as bearing North e9.49110" East. Car..rencing at the. Northeast corner of Secticn 29, "IliENCE South 0'19'76" Kest, along the mcm:=ented eas:crly line cf the Northeast 1/4 Northeast, 1/4 of said Section, 1099.48 feet to the TRUE POIN: OF EEGII:NING; THENCE South 88-2711411 West, along an east -west fence and its extension easterly, 1164.92 feet to a fence corner,, THENCE South 87'16151" hest, along an east -.west fence, 280.09 feet to a point on the water level traverse line of Dixon Canyon Reservoir, State Engineer's File No. 1120, THENCE along said line the following three (3) courses: (1) South 12'72124" East, 658.20 feet: (2) South 5'02124" East, 814.00 feet: (3) South 14*17124" East, 61..20 feet to a point on the southerly line of the Southeast 1/4 Northeast 1./4 of said Section; THENCE North 68'51137" East, along said line, 1197.65 feet to t`e East 1/4 corner of said Section, a BIA Brass cap; TN.E!iCS North O'38'44" East, along the monuriented easterly line of said aliquot part, 1916.45 feet to the Northeast corner of. said aliquot part, a No. 4 rebar with plastic cap, I:S 10725: THENCE North 0'39138" East, along the monumented easterly line of the Northeast 1/4 Northeast 1/4 of said Secticn; 217.1.9 feet to the TRUE POINT OF BEGINNING. Said parcel contains 45.647 acres, nore or less. i Burns Annexation an3 Zoning - #23-90, A • June 25, 1990 P & Z Meeting Page 2 Background: The applicant and property -owner Rex Burns, on behalf of other members of his family which also own the property, has submitted a written petition requesting annexation of approximately 45.65 acres located west of Overland Trail and south of Drake Road (extended). The requested zoning is the R-F, Foothills Residential District. The property is largely undeveloped, with two single-family residences are located on the property. The property is currently zoned FA-1, Farming in the County. This is a voluntary annexation. The property is presently located outside 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 can consider the annexation of property outside the UGA by providing the County sufficient notice of the pending annexation. The property gains the required 1/6 contiguity to existing city limits from a common boundary with the Quail Hollow First Annexation to the east. The surrounding zoning and existing land uses are as follows: N: FA-1, Farming, undeveloped E: R-F, Foothills Residential, undeveloped, preliminary cluster plan S: R-F, Foothills Residential, City -owned open space W: R-F, Foothills Residential, City -owned open space The requested zoning for this annexation is the R-F, Foothills Residential District. The R-F District designation is for low density residential development in the foothills area. The property is located west of the anticipated realignment of Overland Trail south of Drake Road. It has been the practice in two previous annexations, the Stuart and Quail Hollow First Annexations, to utilize Overland Trail as the boundary between urban densities to the east and lower density residential development to the west. Since development of the property is imminent, staff feels the property should annex into the City and be reviewed under City development polices and regulations. The property will develop under the Cluster Development Plan option of the R-F zone, with a gross density not to exceed 1 unit per acre. An R-F cluster development plan, known as Burns Ranch at Quail Ridge, is being processed concurrently with the annexation and zoning request. The Planning and Zoning Board will be asked to give preliminary cluster plan approval on August 27, 1990, prior to second reading of the annexation and zoning ordinances by the City Council on September 18, 1990. A portion of this property is located above the 5,200 foot contour, the limit to which the City can provide adequate water pressure at the present time. The applicant has met with Water Utility staff about this potential development problem and alternatives are being investigated. The water pressure problem is not an issue directly related to the annexation and zoning request, since a portion of the property lies below 5,200 feet and is developable. The possibility of establishing a new water pressure zone is being investigated by the Planning and Water Utility Departments. Burns Annexation and Zoning - #23-90, A June 25, 1990 P & Z Meeting Page 3 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. 2. The area meets all criteria included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On June 5, 1990, 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 17, 1990. 4. The requested R-F, Foothills 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. :i a: PETITION FOR ANNEXATION THE UNDERSIGNED hereby petition the Council of the City of Fort Collins, Colorado, for annexation of an area, to be referred to as the Burns Annexation to the City of Fort Collins. Said area, consisting of approximately 45.647 acres, is more particu- larly 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 urban- ized 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 ordi- nances of the City of Fort Collins. 9. That the City of Fort Collins agrees that "Cluster Development" of the property proposed to be annexed will be allowed according to the provisions of "Subdivision C. R-F Foothills Residential District" of the Code of the City of Fort Collins, including an allowed maximum building elevation of five thousand two hundred fifty (5,250) feet mean sea level.. 10. That petitioners agree to submit a preliminary Cluster Plan for the property. The City of Fort Collins agrees that the second reading of this Petition for Annexation and the zoning ordinances for the subject property will be scheduled for a meeting before the City Council after the Planning and Zoning Board's public hearing on the preliminary Cluster Plan. The petitioners hereby reserve the right to withdraw this Petition for Annexation at any time prior to the second reading of this Petition for Annexation by the City Council. 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 Fora Collins approve the annexation of said area. Furthermore, the petitioners request that said area be placed in the R-F Foothills Residential Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. -2- 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. & A &'�' Circulator's -Signature Subscribed and sworn to before me this 72(i day of i A , 1990, by kem A Q..jau s Witness my hand and official seal. My commission expires: 3�GZ93 Notary Pbblic -3- LEGAL DESCRIPTION OF REAL PROPERTY INCLUDED IN THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to wit: (See Attachment "A") OWNERS' SIGNATURES: DATE: _ ,,' I4 DATE: FYI 21 , �9 a c� DATE:__®/�=y_-�� '�fJ DATE: l l ba= DATE: / - 2 7 9 J RUTH E. BURNS 2837 Overland Trail rt Colli CO 80526 z � REX A. BURNS 607 Homestead Court Fo Collins, CO 80526 JOAW L. FLORY fyk%aj_ JOAN GRANT 3813 Tradition Drive Fort Collins, CO 80526 CAROL GATHRIGHT 5139 Holms Place Boulder-, CO 80302 J DX ALLEY1 1129 Princeton Drive Longmont, CO 80501 -4- ATTORNEY CERTIFICATION I, JAMES A. MARTELL, an 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 the signers of the attached Petition for Annexation are owners of real property in the area proposed for annexation. Furthermore, I certify that said owners constitute more than fifty percent (50%) of the landowners in the area proposed for annexation and own more than fifty percent (50%) of the land in said area, exclusive of streets and alleys. DATE: 5 LOZ /�c, AM S A. MARTELL 22 West Magnolia Fort Collins, CO 80521 (303) 484-1112 -5-