HomeMy WebLinkAboutMAXWELL ANNEXATION AND ZONING 2.26.90 P AND Z BOARD HEARING - 63 89, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 7
MEETING DATE 2/26/90
STAFF Ken Waido
PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Maxwell Annexation and Zoning - #63-89 and 63-89A
APPLICANT: City Of Fort Collins OWNER: Same
PROJECT DESCRIPTION:
Request to annex and zone approximately 168.23 acres of City -owned foothills
open space located west of Overland Trail, west of the CSU football stadium
and east of Centennial Drive. 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 168.23
acres of City -owned
foothills
open space
located west of Overland Trail, west
of the CSU football
stadium
and east of Centennial Drive. The requested
zoning is the R-F,
Foothills
Residential
District. 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. 00 80522-05801303) 221-6750
PLANNING DEPARTMENT
s
•
Maxwell Annexation and
P & Z Meeting February
Page 2
Background:
Zoning - #63-89 and 63-89A
26, 1990
The City of Fort Collins is requesting annexation of approximately 168.23 acres
of City -owned foothills open space located west of Overland Trail, west of the
CSU football stadium and east of Centennial Drive. The requested zoning is
the R-F, Foothills Residential District. The property is currently zoned FA-1
Farming in the County. This is a voluntary annexation.
The property is located outside of 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 giving the County proper notice
and justification for the annexation. The City has recently annexed other
City -owned open space areas along the Poudre River (River Bend Ponds
Annexation) and along the foothills (Pine Ridge Annexations) when they
satisfied contiguity requirements and became eligible for annexation. City
police protection would extend to the property after annexation.
The proposed annexation of this property represents the first "non-contiguos"
annexation considered by the City of Fort Collins. The property legally
satisfies the contiguity requirement for annexation although the property is not
physically adjacent to existing city limits. According to Colorado annexation
laws, specifically CRS 31-12-104, property owned by the state or federal
government may be ignored for the purposes of determining contiguity for
annexation. The Maxwell property is physically separated from existing city
limits along Overland Trail by property owned by CSU. Thus, the property is
legally 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 Becksted Annexation and the Third Foothills Annexation to the east.
The surrounding zoning and existing land uses are as follows:
N: E-1, Estate County zoning (Noel property).
E: FA-1 Farming County zoning, (Miller property and CSU property).
S: FA-1 Farming (CSU property).
W: FA-1 Farming (federal property).
The requested zoning for this annexation is the R-F, Foothills Residential
District. The R-F District designation is for areas along the foothills. The
property was purchased by the City in the mid-1970's in order to be preserved
as open space. There are no plans to change the open space nature of the
property.
Findings
The annexation of this area is consistent with the policies and agreements
between Latimer County and the City of Fort Collins contained in the
INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS
URBAN GROWTH AREA.
Maxwell Annexation and Zoning - #63-89 and 63-89A
P & Z Meeting February 26, 1990
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 February 20, 1990, the
City
Council approved
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
April 3, 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.
M 2 0a
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
MAXWELL.- Annexation to the City of Fort
Collins. Said area, consisting of approximately 16Aa 2;1�8 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
Citv of Fort Collins.
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 Foothills Resident Uoning District
pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins.
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.
Circulator's Signature
Subscribed and sworn to before me this day of
19 . by
Witness my hand and official seal.
My Commission expires:
Notary Public
< LEGAL . DESCRIPTION OF REAL PROPERTY
INCLUDENIN"MHEw'ANNEXATION "
;.; .Asaract! of 'land:situate in the County of Laridter. State of C-ntn"dn rnlw;v h
s' e:13�30£i9 ✓ .fl? I $ "F►i� %`i72- s� 'I =:5 Si` iifl `.3fs'a7 91�23T a03:FYQ .
T NOR�MEAST/ t4,C` THE NORTHWEST /4 C ScC lON 2C T YNSH*? a
NORTH, GRANGE 69'•VES7Off3,TH£Fb �! o.. SS TRAO: 6"5 DESCRIB=D' .ti39 T
_;1 'SIN BOOK 91,0. P.AGE-tt=S Or THE LAPIMER COUNTt ,COLORAD? RECORDS.
.,.uwdf•al.� ... e.:, ..suss s�.iw?0�.��It"' its £,?°lI K9d .xi:t3W
>s HAND ALSO'�THE. NORIF1VESiy, .? OF.z� ri-NORTHWEST ",/4iOFi-SEGTiMN 20 :: � Oy r `
TOWNSHIP •7.*NORTH RANGE 69 WESTOr THE 6�n'= Y.. ANC 4LSC'TH '.
3� 4SvSWTHEAs;�m 450F THE`MOR.,tiWES /- `-Or SECMR,ON 2C`? OWf1SHI?.L71 3oS 1D' { 6Liyp
-NORTti '-. RANGE 69 WEST. _O � H E r• F . (I. LESS. • RACT A9 AS -OESCR IB
a Y: INi80�IK.,sic- P4GE--iS5 Or,;;TR=—,, LARIMER,.GOU.4',Y.: ,COLORAuOF'IRECOR`75'. miR,wie O1a
AND ALSO THE NORTH I/2 OF THE NORTHEAST '/4 OF THE SOUTHWEST I/=
OF.SECTION-20. TOWNSHIP 7-NORTH, RANGE 69 WEST OF THE 6TH-
_ AND--,A'-SO A SOUARE TRACT OF LAND-120.00 FEET ON A SIDE LOCATED
IN THE' SOUTH 1/2 OF'THE' NORTHEAST 1/4 OF THE.SOUTHEASt_1'./4 -
OF SAID SECTION 20, THE NORTH SIDE OF THE TRACT
BEING ON THE BOUNDARY OF -SAID SOU'-: 1/2 -
OF THE NORTHEAST I/4 OF THE SOUTHWEST !/4 OF SECTION 20 AND TH= -
EAST SIDE OF THE TRACT BEING 5CO.CO FEET WESTERLY OF THE EAST :-
BOUNDARY OF SAID SOUTH 1/2 0= THE NORTHEAST 1/4 OF THE. SOUTHWEST
1/4.-LESS - THE WEST - CF _THE t:O�THWES7 /4 OF THE NORTHEAST
OF THE SOUTHWEST = -_ -0' 21, ANC _=SS PART OF TRACT --C` rS
DESCRIBED :!t BOO,:-9'C: =AG= 75 COUNTY RECORDS.
AND ALSO THE.SOUT.iWES- 0= -_ 7:CR7H':E2- /4 0.= SECT:CN 2::.,
TOWNSHIP 7 NORTH, RANGE E9 'w = 'HE .ETH - ~ LESS Tii= _ANZ
DESCRIBED IN BOOK 1182, PAGE :CB _ESS 7ri=LAND OESCR:o=C
BOOK 849. =AGE 242, RECORDS. '
T=12S LAND IS MORE PAP"CUL APL `- _'E50R :3=:: S' A 9CUNOARf SJRVF` 3`
THE CITY OF FORT CC_:INS "AS. -- "
TRACT OF __ �::--+ C- S-cCTCON 20, LAND S :JAT t\ Tr= - .. '.. ..
OWNSHIP 7 NORrn._.RAN� E9..k�cT_.�5._� _ E' LARIMER COUNTI,
:OLORADC. WHICH CONS:DEPI.NC T-= '_-- E 0= TriE NORTHWEST OVART$=
-' SA:C SECTION 20 AS B=AP`*.i -- - _ - ::T� A_ 'BEARINGS -
-ONTA'INED HEREINRE - _ �''�__- ° C0:' �-� 'w:THIN- Tr:= 8CJN::A=`
_S,vCS WHICH BEGIN " nOP= "E_ :JRN P 0= SAID SEC' C- __
\� :UN THENCE SC_- s^'•w ? ===- SOLJ HEAS7 COP\ = _ THE NORTHEAST NORTHEAST QUARTER O -= NC='=.=S° TE?-OF SA:O SECTICr.: 2Jt
THENCE SOD 12.' 300'w' 2.732.0E =E=- -- ?C-" 0% THE EAST _IN_ C' Tri=
30VTH:fE57 QUARTER OF :S'�'- CT:C'. '_; -r.::CE SS T 2'-40"'.: 50�. r5 ===T; -
THENCE S02.40' 180E 1.20. 7 F=ET; '-='�L= 566 59' is-W !19.53 FEeT;
THENCE NO2 40' 21'W 120.35 FEET; '-ENCE S67 2:' 4111W 395.44 FEET;
THENCE NOD 30.' 01-W 666.57 FEET.; --ENCE SB6 49' 05-.W 1086.C3_rc=-i
THENCE N26 35' 03-W 60::.SS FEET, H-"ENC= N-- 4:' 57"-- 102.36 F=c=i-
THENCE S66 30' S7`W.5::01 FEET; TENCE N26 35' 03-W 642.38 FEET
TO A POINT ON. THE WES'. LINE CF. ZH= NC?THWHS7 QUARTER OF S;.,- SEC770%
20s. THENCE NOD 06'-250L' S8-:£3 F=ET TC SOUTHWEST CORNER O? 'r1E -
;ORTHWEST QUARTER OF THE NORTH'WES- 6JAF"=== 0- SAID SECTION 2C,
THENCE NOD OS'.29TW 1301.2.FE_ TriE NCR..HWEST CORNF_R_.OF SA.-_
SECTION 20, THENCE N84 42' 570= 2730.40 ==_- - THE POINT 0F"
3EGINNING;. LESS . TRACTS -9- 6 -C" .:S" JESCR S_E= :•N BOOK 91C, PAGE
-5S". _ARIMER COUNTY,. COLOR'A�C P=OC.=.DS.
30NTAINING 168.2280 ACRES..
Owner's Signature Owner's Signature
Address Address
City State Zip City State Zip
Date Date
I
At.TOltNE1t'7cER-TIFICATIONJ..'-�3.,�
pi an, I attorney licensed to
practice- in the State of Colorado, hereby, certify that I have examined the
records'-, -Tof"- iijfit�" Lafid'i,_.of Rt6order rimerCouilty;; .C'0komdo'j%-, and .have
verified thatIhe'ftnefCofIh_e attached Minexation 'Petition are owners of real
property. to the: areaprqposeO for annematiotL, Fqrthermore� 1certify that. said.
owner3-::constifiti_;ifire�fhimi---;-.-50%of` the laid thv_4reai,�pi6 for
q"qs An posed
"'said: .. I-
more an 50%L t inarea,...exclusive of
streets `and alleys.
annexatiozF7aAd_�*fi�, re, A of the.
Signature
P K
0
ATTACHMENT "A"
` LEGAL DE_.SCRIPTION 4OF THE ANNEXATION
r,
A'. fi"f land -situate in the County of Latimer, State of Colorado to wit:
TH NORTHEAST
_1/4 0= THE NORTHWES :!= C= SECTION 2G, TOWNSHIP
_
NORTH, RANG c 69 WES OF TH_ 6T„1 P'?! LESS TRACT ^9 AS OESCn o=D.
IN BOOK 91.0,•PAGc !.» Or THE LARI1-R COUNTY, COLORAD.O RECORDS
AND ALSO THE NOR,HW-= + Or THENORTH',lES- I%4 OF SECTION 20,
TOWNSHIP 7 NORTH RANGE,69 WEST 0 THE 67 M., AN A'_SC.-TH=
SOUTHEAST 1/4 Or HE NCRTHWH- /� OF SEC_P.M 2C 04NS:C,7
'NORTH; RANGE 6.3 k OF THE FT. LESS TON2 'C^ _
IN BOOK 91C PAGE - - ram: S_ AS SCR;,B__
�5 OF TH=-�ARIMER -COUNTY. COLCRAG0 RECORDS,
AND ALSO THE NOR- Cr TH= 'Jpn-HEAS- .' /4 OF THE SCUTHWES-
OF SECTION' 2C,-CWNSFi'i= NORTH;., RANGE 69 WEST OF THE ETH ?_ _
AND ALSO 4 SQUAR TR or _AND I2D.00 _
I,%' THE SOUTH 1/2 0= -H NOrTHEAS- i/4 O=�THE�SOUTHEDE, %4A En Or SAZC SECTION 20, THE NORTH SIDE OF THE TRACT
BEING ON THE BOUNDA="' OF S,;ZD SOU-- i/2
OF THE NCRTHEAS /- OF THE SOUTHWES- '/4 OF SECTION 2C AD ?H=
EAST SSDE 0= THE R C cEING 'CO.CO,=EET WESTERLY OF THE EAST
BOUNDARY C SAIDSc - 1/c O THE NORTHEAST I/4 OF THE SOUTHWES-
/4 LESS HE Wca' C TF,_ NOP7HW=S? 1/4 OF THE NORTHEAST C= THE -SOD HWES- '- . =_C iC.`: 2C A,: _cS.S ?ARC _ Or R C- C
DESCRIBED sccO:,9 PAGE 55. I`?c= COUNTY RECOR;%S. _
ANJ.ALSC THE SOUTHWES- '/4 0= Tn= .C'TH'.E'S-r. I/4 OF SECT:ON 20,
'OWNSHI=. NORTH, RGi:GE 69 WES- Cr = E?P.M. L DSS TH
ESCRIBED BOOT: I'82, PACE -09 A`.=^_ESS THE LANJEDESC= aED\'\' BOOK 849, OAGc e42, -ART ME 0 '. CC_OR4DO RECORDS.
_-IS LAND :S MOP= P. - - -- -
--E =-,--,. r: _ SC -.=a_ o
CITY C= c04.:9�^.UNDAR� S'Jq•,ic.. E.•
SvAS S
TRACT- O - SEC : C?:
OWNSHI: C7:0%20,
iM=7 \Ot'. r E _-- _- GOUN'•
C,_ORADC, WHICi- CC` _ 0= _ C? rE_NOR ri�ES OU4r-E=
SAa.D' S C .0_ __ - _ - A__ SEAR'INGS
NES WH;c� a_c.- ne= _C cD h.T,rr = BCU\� _.
-RUN TH_^ _ c-- _u ❑- J ♦_� O SAID S= -;C• -
fVORTHEAS QUla A = -= - _ SO�T.HEA - OOR,%
HENCE SOO 2' 3 ^ 3 32 Oc -� =yJ - OF S IJ _"ter_
SOUTHWEST QUARTER C. a„_D S-C :C;, _ - _ 0� _iE EAS _jN_ C= _
THENCE--S02 40' i8^E - j --\CE S8. 21 40 SOD.
20.35' Ec �' - \ = S86 59' 15"W 119.53 FEE j -
THENCE,iNO2 40' 2:"W -j F- \^= S87 2.1` 41"W 395.44 FEE--
THENCE:NOO 30' 01^W E66.-57 FEcTj:.TH N c S86 49 OS^W IOBB O3 F=_ 'HENCE•'N26 35' 03^W 6D 58.FEE'j''Tkw Nr'E NOO 41' 57^E I j
-HENCE S86 30' 57'W 5 •OI FEE7s THENCE N26 35' 03"W 642.Z86FEE =
'C A POINT ON THEWEST LINEOFHE NOR7HWES7 QUARTER OF SAIZ)SEC ZC'.
301 THENCE NOD OE 25' W---58.73 •EE- C ?HE SOUTHWEST -CORNER OF .�H JORT,HWEST QUARTER OF THE NOR HWES7 OUAR'ER O=. SAZJ SECTION 20, ?HEhtCE==N00 05' 24^W '30;.27 F '-TO THE NO CORNER OF S::�
3ECTION_'2Ci THENCE N84 42";57"_ ,273e.4D TEE- TO ' THE POZt;- O?
3EGINNING;- LESS TRACTS ^B^- 6 " AS DESCRIBED IN BOOK 9;0, RAGE
LARIME? COUNTY, co,
_ORACO RECORDS.
CONTAINING 168_228C ACRES.
y