HomeMy WebLinkAboutARBOR SOUTH PROPERTIES - ANNEXATION & ZONING - 38-00 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSSPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that ARBOR PROPERTIES, LTD., a Colorado limited
Partnership ("Principal'D, does hereby make, constitute and appoint JAMES L. SELL, with full power of
substitution, its lawful attorney -in -fact and agent ("agent's for it and its name and on its behalf, to do any of
the following acts and things as fully as it might or could do if acting on its own behalf.
I . To sign all documents necessary and appropriate to the proposed annexation and development of the
property owned by Arbor Properties, Ltd. with the City of Ft. Collins, including any applications, plans,
certifications or related instruments or documents; and
2. To perform all matters and things, transact all such business, and acknowledge all suchinstruments
which may be necessary or proper to effectuate the annexation or development of such property, and
generally to act for Arbor Properties, Ltd. in all- matters affecting the annexation or development of such
property with the same force and effect and to all intents and purposes as though it were acting for itself.
THIS POWER OF ATTORNEY is executed and delivered in the State of Colorado and is to be
construed pursuant to the laws of that State.
THE POWER AND AUTHORITY granted by this instrument shall be in full force and effect until
December 31, 2000, at which time it will terminate.
IN WITNESS WHEREPF, the undersigned general partner of Arbor Properties, Ltd. has hereunto
set his hand and seal this -ILL day of %UG// 5--7 2000.
ARBOR PROPERTIES, LTD.
STATE OF COLORADO )
COUNTY OF BOULDER ss.
On 2000, before me, the undersigned, a Notary Public in and for said
County and State, pers Wally appeared J. PAUL HEFFRON, known to me to be the person whose name is
subscribed to the within instrument and acknowledged that he executed the same.
Witness my hand and official seal.
(W0694830 XC)
Notary Public
My commission expires:
ATTACHMENT "C"
ATTORNEY CERTIFICATION
I' cn-v� (�� / 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,
proCol rado nc� h�ve verified that the signers of this Annexation Petition for the area referred to as the
pm -j Annexation to the City of Fort Collins 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, as said area is described on Attachment "A" of said Annexation Petition, and
own more than 50% of the land in said area, exclusive of streets an alleys.
Date
ignature Attorney Reg. No.
ATTACMIENT `B"
STATE OF COLORADO )
COUNTY OF LARIMER ) )ss.
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.
ubscribed and savor to before me this r
day of 2000, by
WITNESS my hand and official seal.
�Z 11 oa
Commission Expiration
Nota lic
TA •• :qy�
RA:.
N ,p
�F COl-
My Commissbn Expires 02/11/2002
Ord:,- Number: 200062638 ATTACHMENT "A"
LEGAL DESCRIPTION
A TRACT OF LAND LYING THE NORTHEAST 1/4 OF SECTION 2, TOWNSHIP 6 NORTH, RANGE
69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO,
TO WIT:
ASSUMING THE EAST LINE OF THE NORTHEAST 114 OF SECTION 2, TOWNSHIP 6 NORTH,
RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO BEARS S DO
DEGREES 47100" W WITH ALL BEARINGS HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTHEAST CORNER OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 69
.WEST OF THE 6TH PRINCIPAL MERIDIAN THENCE RUN S 00 DEGREES 47'00" W ALONG THE
EAST LINE OF THE NORTHEAST 1/4 OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 69 WEST
OF THE 6TH PRINCIPAL MERIDIAN FOR A DISTANCE OF 1445.83 FEET; -
THENCE LEAVING SAID EAST LINE RUN N 88 DEGREES 52'00" W FOR A DISTANCE OF
47.36 FEET TO A POINT ON THE WEST RIGHT OF WAY ON U.S. HIGHWAY #287 SAID POINT
ALSO BEING THE POINT OF BEGINNING;
THENCE RUN SOUTH 00 DEGREES 51'26" W ALONG SAID WEST RIGHT OF WAY FOR A
DISTANCE OF 485.66 FEET;
THENCE LEAVING SAID WEST RIGHT OF WAY RUN S 87 DEGREES 58'53" W FOR A
DISTANCE OF 623.06 FEET;
THENCE RUN 01 DEGREES 10'45"WW FOR A DISTANCE OF 112.05 FEET TO A POINT ON
THE NORTH LINE OF MCCLANAHAN FIRST ANNEXATION SAID POINT ALSO BEING ON THE EAST
RIGHT OF WAY OF FOSSIL BOULEVARD;
THENCE RUN 3 88 DEGREES 55'26" W ALONG SAID NORTH LINE FOR A DISTANCE OF
54.05 FEET TO A POINT ON THE WEST RIGHT OF WAY OF FOSSIL BOULEVARD;
THENCE LEAVING SAID NORTH LINE RUN N 01 DEGREES 10'20" E FOR A DISTANCE OF
29.91 FEET;
THENCE RUN N 88 DEGREES 44.34" W FOR A DISTANCE OF 246.66 FEET TO A POINT ON
THE WEST RIGHT OF WAY OF THE COLORADO AND SOUTHERN RAILROAD;
THENCE RUN N 00 DEGREES 53.00" E ALONG SAID WEST RIGHT OF WAY FOR A DISTANCE
OF 600.98 FEET TO A POINT ON THE SOUTH LINE OF SPRADLEY DEGREES 5B'0" E ALONG SAID
ANNEXATION;
ARR
THENCE LEAVING SAID WEST RIGHT OF WAY RUN S 88 DEGR SOUTH LINE FOR A DISTANCE OF 913.19 FEET TO THE POINT OF BEGINNING.
Containing 11,255 acres more or less and being subject to all easements,
reservations, restrictions, and rights of way of record.
S-:-12-00 TH 1:45 PM STEWART TITLE
Ji(�i�e11 as Agent and Attorney In Fact for Petitioner Petitioner's/Owner's Signature
750 17`s Street
Address
Boulder Colorado 80302
City State Zip
Address
City State Zip
SEE ATTACHMENT "A"
PETITION FOR ANNEXATION
THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the Council of the City
of Fort Collins, Colorado for the annexation of an area, to be referred to as the Arbor Properties Ltd.
Annexation to the City of Fort Collins. Said area, consisting of approximately Eleven and one quarter
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 (5006) 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 ordinance of the City of Fort Collins.
Further, as an express condition of annexation, Petitioners consent to the inclusion into the
Municipal Subdistrict, Northern Colorado Water Conservancy District (the "Subdistrict") pursuant to §37-
45-136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners' property
will be subject to the same mill levies and special assessments as are levied or will be levied on other
similarly situated property in the Subdistrict at the time of inclusion of Petitioners' lands. Petitioners agree
to waive any right to an election which may exist pursuant to Article X, §20 of the Colorado Constitution
before the Subdistrict can impose such mill levies and special assessments as it has the authority to impose.
Petitioners also agree to waive, upon inclusion, any right which may exist to a refund pursuant to Article X,
§20 of the Colorado Constitution.
WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the
annexation of the area described on Attachment "A". Furthermore, the Petitioners request that said area be
placed in the C Zone District pursuant to the Land Use Code of the City of Fort Collins.
Individual Petitioners signing this Petition represent that they own the portion(s) of the area
described on Attachment "A" as more particularly described below:
See Attachment "A"
IN WITNESS WHEREOF, Uwe have executed this Petition for Annexation this 11's day of
September 2000
J. Paul Heffron and Associates
VICINITY MAP 12/18/00
#38-00 Arbor Properties
Annexation & Zoning
Tvpe II (LUC)
1 "= 600'
Arbor South Annexation and Zoning, #13-OOA
February 1, 2001 P & Z Meeting
Page 3
3. Mason Street Corridor:
As mentioned, the parcel abuts the area identified as the Mason Street Corridor. In
August of 2000, Council adopted the Mason Street Transportation Corridor Master Plan.
The Corridor is a five -mile long north -south area along the Burlington Northern Santa Fe
railroad which extends from Cherry Street on the north to Harmony Road on the south.
As a transportation corridor, the intention is to enhance opportunities for pedestrians,
bicyclists and transit riders along its length. Development adjacent to the Corridor is
expected consider the findings of the Master Plan and be sensitive to orientation and
connectivity to meet the transportation goals and opportunities for multi -modal travel.
The applicant is aware of the parameters of the Corridor Plan.
4. Compliance with State Law:
As mentioned, the annexation has 47.54% of its perimeter boundary contiguous with
existing city limits which exceeds the required one -sixth as mandated by State law.
Further, the parcel is found to have a community of interest with the City and the parcel
is expected to urbanize shortly.
5. Findings of Fact/Conclusion:
In evaluating the request for the Arbor South Annexation and Zoning, Staff makes the
following findings of fact:
A. The annexation of this parcel is consistent with the policies and agreements
between Larimer County and the,City of Fort Collins, as contained in the recently
amended INTERGOVERNMENTAL AGREEMENT —GROWTH MANAGEMENT
AREA.
B. The parcel meets all criteria included in State law to qualify for annexation by the
City of Fort Collins.
C. The requested zone district, C, Commercial, is in conformance with the City's
Comprehensive Plan (City Plan) and the City Structure Plan.
D. On January 16, 2001, City Council approved a Resolution which accepts the
annexation petition and determines that the petition is in compliance with State
law.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Board recommend to City Council
approval of Arbor South Annexation with C, Commercial zoning.
Arbor South Annexation and Zoning, #13-OOA
February 1, 2001 P & Z Meeting
Page 2
COMMENTS:
1. Background:
According to the policies and agreements between the City of Fort Collins and Larimer
County, contained in the recently amended (November 21, 2000)
INTERGOVERNMENTAL AGREEMENTS — GROWTH MANAGEMENT AREA, the City
will agree to consider for annexation property in the U.G.A. when such property is
eligible for annexation according to State law.
The surrounding zoning and land uses are as follows:
N: C, Commercial; Spradley — Barr Auto and Truck Dealership
S: C, Commercial; Existing Retail
E: C, Commercial; Existing Retail and Office
W: T, Tourist (County); Vacant
The parcel gains the necessary one -sixth contiguity along the north, east and a small
portion of the south property lines. Of the total perimeter boundary, the parcel has
47.54% contiguity with the city limits. This substantially exceeds the required minimum
of 16.66% (one -sixth). The parcel, therefore, complies with the requirements of the
INTERGOVERNMENTAL AGREEMENT — GROWTH MANAGEMENT AREA and is
eligible for annexation.
One of the stated intents of the AGREEMENT is to have urban development occur
within the City in order that the provision of urban level services by the County would be
minimized. This is a 100% voluntary annexation. The parcel is not an enclave. On
January 16, 2001, City Council approved a Resolution which accepts the annexation
petition and that the petition is in compliance with State statutes.
2. Zoning:
The proposed zoning for the Arbor South Annexation is C, Commercial. The
Commercial district is intended to be a setting for a wide range of community and
regional retail uses, offices and personal and business services. Secondarily, it can
accommodate a wide range of other uses including creative forms of housing. While
some Commercial District areas may continue to meet the need for auto -related and
other auto -oriented uses, it is the City's intent that the Commercial District emphasize
safe and convenient personal mobility in many forms, with planning and design that
accommodates pedestrians.
The requested zoning of C, Commercial complies with City Plan and Structure Plan and
matches the existing zoning to the north, east and south.
ITEM NO. 4
MEETING DATE 211101
STAFF Ted Shepard
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Arbor South Annexation and Zoning - #13-OOA 7
APPLICANT: Arbor Properties, Ltd.
C/o Jim Sell Design
153 W. Mountain Avenue
Fort Collins, CO 80524
OWNER: Arbor Properties, Ltd.
C/o J. Paul Hefron
750 171h Street
Boulder, CO 80302
PROJECT DESCRIPTION:
This is a request to annex and zone an 11.26-acre parcel. The site is generally located
on the west side of South College Avenue, east of the Burlington Northern Sante Fe
Railroad tracks, approximately one -quarter mile south of Harmony Road. Contiguity
with the existing municipal boundary is gained along the north property line with a parcel
known as the Spradley Barr Annexation. The recommended zoning is C, Commercial.
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
This is a 100% voluntary annexation for a property located within the Urban Growth
Area. The property satisfies the requirement that no less than one -sixth of the
perimeter boundary be contiguous to the existing City boundary. The parcel abuts the
Mason Street Corridor and subsequent development will be influenced by the findings of
the Mason Street Transportation Corridor Master Plan. The recommended zoning of C,
Commercial is in compliance with the City's Comprehensive Plan and Structure Plan
Map. The initiating resolution was passed by City Council on January 16, 2001. The
item is scheduled for first reading by City Council on February 20, 2001.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. PO, Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT