HomeMy WebLinkAboutMCMURRY NATURAL AREA ANNEXATION & ZONING - 29-10 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS0
ATTACHMENT "C"
ATTORNEY CERTIFICATION
an attorney licensed to practice in the State of
Colorado, hereby certify tha`f, a of the date of�this certificate, the signers of this Annexation Petition for
the area referred to as the 1(, �� /V�14Vrw I Ay';9,0. Annexation to the City of
Fort Collins are the 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 and alleys.
I Zf ILO C�-
Date Signal Attorney Reg. No.
/F'I"? '3):?!P"18
STATE OF COLORADO
)ss.
COUNTY OF LARIMER
ATTACHMENT "B"
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 sworR to bef re me this �E1 day of J�C�
by � tx�t7�x ` P(A --7 ,�i�. ftLG )u
WITNESS my hand and official seal.
�`*aY
3 � i � ?• K/1REN
on Expira THARP ' ' No ary Public
MY COMMISSION EXPIRES:
July 23. 2011
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record.
I hereby state that the above descripti
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o
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
[A]
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described in Book 1163 at Page 554;
THENCE along the said southerly line as described in Book
1163 at Page 554, South 66 degrees 19 minutes 19 seconds West for
a distance of 18.58 feet;
THENCE continuing along the said southerly line, North 65
degrees 13 minutes 41 seconds West for a distance of 54.88 feet
returning to the said southerly line as described in Book 2003 at
Page 881;
THENCE along the said southerly line as described in Book
2003 at Page 881 the following four (4) courses and distances,
(1) North 76 degrees 55 minutes 09 seconds West for a distance of
98.15 feet;
(2) North 66 degrees 50 minutes 19 seconds West for a
distance of 201.58 feet;
(3) North 83 degrees 44 minutes 02 seconds West for a
distance of 208.68 feet;
(4) South 89 degrees 14 minutes 21 seconds West for a
distance of 139.43 feet to the southerly line of certain tract of
land described in a Warranty Deed recorded July 27, 1979 in Book
1973 at Page 059 records of the said Clerk and Recorder;
THENCE along the said southerly line as described in Book
1973 at Page 059 the following eight (8) courses and distances,
(1) South 88 degrees 48 minutes 10 seconds West for a distance of
13.42 feet;
(2) South 84 degrees 05 minutes 19 seconds West for a
distance of 126.74 feet;
(3) North 82 degrees 54 minutes 13 seconds West for a
distance of 192.08 feet;
(4) North 62 degrees 04 minutes 03 seconds West for a
distance of 187.02 feet;
(5) North 44 degrees 23 minutes 40 seconds West for a
distance of 222.05 feet;
(6) North 38 degrees 01 minutes 50 seconds West for a
distance of 330.57 feet;
(7) North 59 degrees 23 minutes 10 seconds West for a
distance of 111.76 feet;
(8) North 70 degrees 32 minutes 16 seconds West for a
distance of 352.40 feet to the said east right of way of North
Shields Street;
THENCE along the said east right of way, North 00 degrees 39
minutes 49 seconds East for a distance of 236.41 feet to the
point of beginning.
The above described tract contains 48.793 acres more or less and
is subject to all easements and rights of ways now existing or of
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distance of 473.50 feet to the east line of the said Southwest
Quarter of Section 2;
(5) along the said east line, South 00 degrees 26 minutes 45
seconds West for a distance of 94.30 feet;
(6) leaving the said east line, South 89 degrees 21 minutes
26 seconds East for a distance of 104.40 feet;
(7) South 09 degrees 31 minutes 41 seconds East for a
distance of 81.68 feet;
(8) South 27 degrees 03 minutes 41 seconds East for a
distance of 267.53 feet;
(9) South 33 degrees 13 minutes 19 seconds West for a
distance of 239.84 feet;
(10)South 47 degrees 36 minutes 19 seconds West for a
distance of 153.11 feet to the said east line of the Southwest
Quarter of Section 2;
THENCE along the said east line, South 00 degrees 26 minutes
45 seconds West for a distance of 102.25 feet to the
southwesterly line of that certain tract of land described in a
Warranty Deed recorded August 12, 1980 in Book 2061 at Page 621
records of the said Clerk and Recorder;
THENCE along the said southwesterly line, North 23 degrees
10 minutes 38 seconds West for a distance of 100.58 feet to the
southerly line of that certain tract of land described in a
Warranty Deed recorded November 8, 1979 in Book 2003 at Page 881
records of the said Clerk and Recorder;
THENCE along the said southerly line, North 52 degrees 53
minutes 59 seconds West for a distance of 134.49 feet to the
southerly line of that certain tract of land described in a
Warranty Deed recorded February 1, 1962 in Book 1163 at Page 554
records of the said Clerk and Recorder;
THENCE along the said southerly line as described in Book
1163 at Page 554, North 63 degrees 07 minutes 41 seconds West for
a distance of 69.90 feet;
THENCE continuing along the said southerly line, North 68
degrees 57 minutes 41 seconds West for a distance of 46.95 feet
returning to the said southerly line as described in Book 2003 at
Page 881;
THENCE along the said southerly line as described in Book
2003 at Page 681 the following three (3) courses and distances,
(1) South 84 degrees 50 minutes 25 seconds West for a distance of
185.62 feet;
(2) South 69 degrees 17 minutes 06 seconds West for a
distance of 192.35 feet;
(3) North 76 degrees 55 minutes 09 seconds West for a
distance of 6.29 feet returning to the said southerly line as
Pa
ATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
DESCRIPTION OF THE McMURRY NATURAL AREA ANNEXATION
A tract of land located in the south half of Section 2, Township
7 North, Range 69 West of the Sixth Principal Meridian, Larimer
County, Colorado, being more particularly described as follows;
Considering the west line of the Southwest Quarter of the said
Section 2 as bearing South 00 degrees 39 minutes 49 seconds West
between a 2.5" Aluminum Cap monument PLS 4502 at the West Quarter
corner of Section 2 and a 3" Aluminum Cap monument PLS 20123 at
the Southwest corner of Section 2, based upon GPS observation and
the City of Fort Collins coordinate base, and with all bearings
contained herein relative thereto;
Commencing at the said West Quarter corner of Section 2;
THENCE along the west line of the said Southwest quarter of
Section 2, South 00 degrees 39 minutes 49 seconds West for a
distance of 120.00 feet to the south line of that certain tract
of land described in a Warranty Deed recorded September 17, 2004
at Reception No. 20040091973 records of the Clerk and Recorder of
the said Larimer County;
THENCE along the said south line, South 89 degrees 19
minutes 41 seconds East for a distance of 30.00 feet to the east
right of way of North Shields Street, and to the TRUE POINT OF
BEGINNING OF THIS DESCRIPTION;
THENCE continuing along the said south line, South 89
degrees 19 minutes 41 seconds East for a distance of 420.00 feet
to the east line of the said tract described at Reception No.
20040091973;
THENCE along the said east line, North 00 degrees 39 minutes
49 seconds East for a distance of 120.00 feet to the north line
of the said southwest quarter of Section 2;
THENCE along the said north line, South 89 degrees 19
minutes 41 seconds East for a distance of 1466.41 feet to the
easterly line of that certain tract of land described in a
Warranty Deed recorded February 1, 1962 in Book 1163 at Page 552
records of the said Clerk and Recorder;
THENCE along the said easterly line the following ten (10)
courses and distances, (1) South 10 degrees 00 minutes 19 seconds
West for a distance of 241.70 feet;
(2) South 34 degrees 02 minutes 41 seconds East for a
distance of 148.78 feet;
(3) South 60 degrees 23 minutes 41 seconds East for a
distance of 232.97 feet;
(4) South 89 degrees 19 minutes 41 seconds East for a
(Check box if applicable). The Petitioners reserve the right to withdraw this petition and their
signatures therefrom at any time prior to the commencement of the roll call of the City Council for the
vote upon the second reading of the annexation ordinance.
Individual Petitioners signing this Petition represent that they own the portion(s) of the area
described on Attachment "A" as more particularly described below:
A tract of land situate in the County of Larimer, State of Colorado, to -wit:
INSTRUCTIONS: INSERT HERE the legal description of individual parcels, or if only
ownership, typq�"See Legal Description on Attach--mennt
IN WITNESS WHEROF, I/we have executed this Petition for Annexation this
CITY ORT COLLINS, A oora 1p municipal corporation
BY:
Petition s Owner's ignature Petitioner's/Owner's Signature
300 LaPorte Ave.
Address
Fort Collins, CO 80521
City State Zip
,Appr q oc
ssist t Ci y Attor
Address
City
State
zC� day of
Zip
0
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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
M C /"1 Urt /L I /V A-TU/C A-L ftLEA Annexation to the City of Fort
Collins. Said area, consisting of approximately -4/ acres, is more
particularly described on Attachment "A," attached hereto.
The Petitioners allege:
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 (1/6) 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 that 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 obligations 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 P- O - /— Zone District pursuant to the Land Use Code of the City of Fort Collins.
,;"i,:(, r :a" I;na
'14
City of Fort Collins Structure Plan
McMurry Natural Area Annexation
Urban Estate j
Rural/ Open Lands and Stream Cotridors : - -
Commercial Corridor Digtrict`_�' I City of Fort Collins Utilities
(700 Wood Street)
NAW1:1!M
Low Density Mixed -Use Residential
HICKORY ST
Low Density, Mixed -Use Residential
ELM ST
I
Legend
Land Use Urban Estate _ Open Lands, Parks and Stream Corridors
- Commerciai Corridor District Low Density Mixed -Use Neighborhoods Poudre River
_ Employment District Community Separator Adjacent Planning Areas
HEM
EtM
1 inch = 600 feet
N
A
City of FoTt Collins Zoning Map
McMurry Natural Area Annexation
1 inch = 600 feet
Legend N
WaterBodies ZONE Employment - Public Open Lands
City Zoning 0 NCM Low Density Mixed -Use Neighborhood River Conservation A
Limited Commercial Neighborhood Conservation Buffer Q Urban Estate
Service Commercial Neighborhood Conservation Low Density 10/26/10
No Text
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• McMurry Natural Area Annexation and Zoning, #29-10
November 18, 2010 P & Z Hearing
Page 3
2. Compliance with State Law:
The annexation has 28% of its perimeter boundary contiguous with existing City limits
which exceeds the required one -sixth (16.66%) as mandated by State law. Further, the
parcel is found to have a community of interest with the City.
3. Zoning — Requested Zoning — Public Open Land:
The entire parcel is proposed to be zoned P-O-L, Public Open Land. The Land Use Code
describes this zone district as follows:
Purpose. The Public Open Lands District is for large publicly owned parks
and open lands which have a community -wide emphasis or other
characteristics which warrant inclusion under this separate designation rather
than inclusion in an adjoining neighborhood or other District designation.
Since the City of Fort Collins owns and managers the parcel as a natural area, the P-O-L
�J zone district is appropriate.
4. Findings of Fact/Conclusion:
In evaluating the request for the McMurry Natural Area 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 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, P-O-L, Public Open Lands, is in compliance with the
City's Structure Plan Map.
RECOMMENDATION:
• Staff recommends that the McMurry Natural Area Annexation be approved and that the
parcel be placed into the P-O-L, Public Open Lands zone.
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C
McMurry Natural Area Annexation and Zoning, #29-10
November 18, 2010 P & Z Hearing
Page 2
COMMENTS:
Background:
According to the policies and agreements between the City of Fort Collins and Larimer
County, contained in the amended (November 21, 2000) INTERGOVERNMENTAL
AGREEMENTS — GROWTH MANAGEMENT AREA (I.G.A.), the City will agree to
consider for annexation property in the G.M.A. when such property is eligible for
annexation according to State law. According to the I.G.A., as amended:
"It is the City's intent to annex properties within the GMA as expeditiously as
possible consistent with the terms of this Agreement. Except as provided in Section
8(B), the City agrees to consider the annexation of any parcel or parcels of land
located within the GMA which are eligible for voluntary annexation pursuant to the
provisions of Title 31, Article 12 Colorado Revised Statutes."
The surrounding zoning and land uses are as follows:
N: County — O
NE: City — POL
E: City — RC
E. City — POL
S: County — O
SW: County — O
W: County — O
Large Lot Rural Residential
Magpie Meander Natural Area
Soft Gold Neighborhood Park
Large Lot Rural Residential
Salyer Natural Area
Mobile Home Park
Equestrian Facility
Large Lot Rural Residential
The McMurry Natural Area is owned and managed by the Natural Areas Program of the
Department of Natural Resources. The area includes a parking lot, trails and kayak boat
ramp. The Poudre River and the Poudre River Trail run along the south edge of the
parcel. The two ponds contained within the parcel are the result of reclaimed gravel
extraction operations. The site presently contains areas designated by F.E.M.A. as both
the 100-year floodplain and floodway. The McMurry Natural Area is linked to the Salyer
Natural Area, Legacy Park and Rivers Edge Natural Areas to the east and Lee Martinez
Park to the south by a network of trails. This annexation will place all areas under one
common jurisdiction enabling consistent enforcement.
Contiguity with the existing municipal boundary is gained along a portion of the eastern
boundary which is shared with the North College Annexation (1959) and a portion of the
southern boundary which is shared with the Original Town Plat (1873).
• The parcel, therefore, complies with the requirements of the INTERGOVERNMENTAL
AGREEMENT — GROWTH MANAGEMENT AREA and is eligible for annexation. This is a
100% voluntary annexation. The parcel is not an enclave.
F6rt of ns
STAFF
REPORT
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%M NO
MEETING DATE 11 A io
STAFF %eArd_
PLANNING & ZONING BOARD
PROJECT: McMurry Natural Area Annexation and Zoning, #29-10
APPLICANTS: City of Fort Collins
c/o Department of Natural Resources, Natural Areas Program
P.O. Box 580
Fort Collins, CO 80522
OWNERS: Same
PROJECT DESCRIPTION:
This is a request to annex and zone the City -owned McMurry Natural Area. The parcel is
48.79 acres in size and located north of the Poudre River and east of North Shields Street.
Contiguity with the existing municipal boundary is gained along the east boundary which is
shared with North College Annexation and the south boundary which is shared with the
original Town Plat. The recommended zoning is P-O-L, Public Open Lands.
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
This is a 100% voluntary annexation for a property located within the Growth Management
Area. The property satisfies the requirement that no less than one -sixth of the perimeter
boundary be contiguous to the existing City boundary. The P-O-L zoning is consistent with
the City's Structure Plan Map. The item is scheduled for first reading by City Council on
December 7, 2010.
Current Planning 281 N College Av PO Box 580 Fort Collins, CO 80522-0580
fcgov.com/currentplanning 970.221.6750