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Home My WebLink AboutWOOD STREET SECOND ANNEXATION & ZONING - ANX150002 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSATTACHMENT"C" ATTORNEY CERTIFICATION I, , an attorney licensed to practice in the State of Colorado, hereby certify that, as of the date of this certificate, the signers of this Annexation Petition for the area referred to as the 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. Date Signature Attorney Reg. No. revised 3131108 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. Subscribed and sworn to before me this by WITNESS my hand and official seal. Commission Expiration Circulator's Signature day of Notary Public 2 , revised 3131108 ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to -wit: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 2, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 2 TO BEAR N89014'45"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 13155, AND ON ITS WEST END BY A 3" ALUMINUM CAP STAMPED LS 20123, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 2, N00°40'54"E, A DISTANCE OF 342.30 FEET TO THE NORTHEAST CORNER OF THE SERVICE CENTER ANNEXATION TO THE CITY OF FORT COLLINS, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF SAID SERVICE CENTER ANNEXATION THE FOLLOWING TWO (2) COURSES: 1. N85°40'18"W, A DISTANCE OF 953.72 FEET; 2. N65°32'18"W, A DISTANCE OF 86.02 FEET TO THE SOUTHEAST CORNER OF THE DUFFY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE EAST AND NORTH LINES OF SAID DUFFY ANNEXATION THE FOLLOWING TWO (2) COURSES: 1. N00°46'42"E, A DISTANCE OF 227.38 FEET; 2. N89°13'18"W, A DISTANCE OF 242.84 FEET TO A POINT ON THE EAST LINE OF THE SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID EAST LINE, N00046'42"E, A DISTANCE OF 322.95 FEET TO A POINT ON THE SOUTH LINE OF THE WOOD STREET ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID SOUTH LINE, S89017'17"E, A DISTANCE OF 1,272.42 FEET TO A POINT ON THE WEST LINE OF THE PLAT OF THE TOWN OF FORT COLLINS, ALSO BEING THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE ALONG SAID WEST LINE, S00040'54"W, A DISTANCE OF 645.41 FEET TO THE POINT OF BEGINNING. CONTAINING 708,577 SQUARE FEET (16.267 ACRES), MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF, AND OPINION. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 revised 3131108 ❑ (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: See Legal Description on Attachment'A'. IN WITNESS WHEROF, I/we have executed this Petition for Annexation this 26th day of August 2015 . Petitioner's/Owner's Signature Address City State Petitioner's/Owner's Signature Address Zip City State Zip revised 3131108 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 Wood Street Second Annexation to the City of Fort Collins. Said area, consisting of approximately 17.48 ( ) 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 (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. 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 U-E Zone District pursuant to the Land Use Code of the City of Fort Collins. revised 3131108 _ WOOD STREET SECOND ANNEXATION p h.,L I TO THE CITY OF FORT COLLINS, COLORADO A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 2 TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN; _ fir Q�kc. 2 LARIMER COUNTY, COLORADO I N(INITY YPP .� _ RN(ATfbF iraw i nu�� mrr w us wr s .n.r, ra wr ..wuw. wwu rr. wr wuw ,.. •w.. n• ...0 ��.,,a m. wr �wir.w :riZwarmav w �wvf.• �rw`r'r'a�w.s rvWw awa r. in w .ate t. +1v `..rrrr rn+nw nave:rw rnwa s. - ,raww..+i�mirLe� v�..w�••• M Wt[S rmvamaaauaaw. �Mit ' 1�,L ...... r�winn'v��Viwr Na r�w�ii 'a rmrRrrrtn e.» rin r+„nn � mar unw w.aira sew � ran m�i nr�s afi'Kw. m, war rr,rw .,..r .. .. •..r...n. r..,.r .... r, . r ..n. w.... rr. w ... ,...,... i1GOAOYFD � N i \ w sr.narwa.n u♦r^r +Mr wwrrwrwv �~wwr •u �w'rsse�r �5/4--___ ___—. _.may... r�� rurw urn aw. r. rs s n v ,s.n n a I INCH = 60 FEET isl�hc�— iaPaROVEDK TO FDPY r it r r a........ ......, .. � -'/�—_ �., e=�t✓- i..h � 1 .. v m� .IHTRH CITY OF FORT COLLINS, COLORADO FWCpUKS re �RG/8 I WOOD STREET SECOND ANNEXATION I ENGINEERING CIV15ICN \..�� _ N _ 1 Wood Street Second Annexation Structure Plan Map Annexation Area 0 0 3 W Vine Dr Harts Way I a rn Ic Y a i\ I ! OF jr4$� Hemlock St /,AOF V Martinez Communitv Park Feet N 0 210 420 630 840 n egend = GMA - Downtown District - Campus District Urban Estate City Limits -Area - Community Commercial District Employment District Low Density Mixed -Use a� Enhanced Travel Corridor (Transit) - General Commercial District Industrial District M Medium Density Mixed -Use Fort Collins GMA - Neighborhood Commercial District ® Annexation Area Open Lands, Parks and Water Corridors Wood Street Second Annexation Zoning Map RC CS Hemlock St 1 \\. POL \ ti Harts Gardens Ln w i Peregoy Farms Way Annexation Area O*"GEM Now POL POL I Lee Martinez Community Park E W Vine Dr rthur Canal CM c w LMN (� Y A a Legend Q GMA City Limits - Area 7-71 Water Symbols ® Annexation Area City Zoning 0 NCM CS POL E �RC LMN UE Feet 0 210 420 630 840 AMI 1 inch = 333 feet Wood Street Second Annexation Proposed Zoning Wood Street Second Annexation Vicinity Map 1 inch = 333 feet N W F Wood Street Second Annexation, ANX150002 Planning & Zoning Hearing October 29, 2015 Page 3 2. Public Outreach: Staff did not hold a neighborhood meeting for this project because this is not a development proposal, and the project complies with State law regarding enclave annexation and the City of Fort Collins Land Use Code. 3. Findings of Fact/Conclusion: In evaluating the request for the Wood Street Second Annexation, Staff makes the following findings of fact: 1. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins as contained in the amended Larimer County and City of Fort Collins Intergovernmental Agreements. 2. The area meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. The requested zone district, Urban Estate (U-E), is in compliance with the City of Fort Collins Structure Plan and with the policies of the City's Comprehensive Plan. RECOMMENDATION: Staff recommends approval of the Wood Street Second Annexation, #ANX150002, and that the property be placed in the Urban Estate (U-E) zone district. ATTACHMENTS: 1. Vicinity Map 2. Zoning Map 3. Structure Plan Map Wood Street Second Annexation, ANX150002 Planning & Zoning Hearing October 29, 2015 Page 2 1. Background: The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Use North Urban Estate (U-E) Pateros Creek subdivision: Single- family detached South Employment E City of Fort Collins Utilities facility East Public Open Lands P-O-L Lee Martinez Community Park West Public Open Lands (P-O-L) Single-family detached Employment (E) City of Fort Collins Operations Services Fleet Service Center The property became an enclave upon annexation of the Pateros Creek subdivision on September 18th, 2012. A pond covers most of the property, at the center of which contains a small island with a cabin. Additionally, a single-family house fronts on Wood Street. The requested zoning for this annexation is the Urban Estate (U-E) zone district, which is consistent with the City of Fort Collins Structure Plan. The existing use of the site, single-family detached residential, is an allowed use in the zone district. The U-E zone district also allows a myriad of other uses subject to Basic Development Review (BDR), administrative review, or Planning and Zoning Board review. The Land Use Code describes this zone district as follows: Purpose. The Urban Estate District is intended to be a setting for a predominance of low -density and large -lot housing. The main purposes of this District are to acknowledge the presence of the many existing subdivisions which have developed in these uses that function as parts of the community and to provide additional locations for similar development, typically in transitional locations between more intense urban development and rural or open lands. The property owner has expressed interest in a limited amount of additional development on the site following the annexation process. No detailed development plan has been prepared. The City of Fort Collins has been working with the property owner to install a geoheat exchange system that will pipe cool air from the bottom of the pond on the site to the City Utilities building abutting to the south. City of F6rt�Collins ITEM NO MEETING DATE Oct. 29, 2015 STAFF Clay Frickey PLANNING & ZONING BOARD PROJECT: Wood Street Second Annexation, ANX150002 APPLICANT: City of Fort Collins C/O Community Development and Neighborhood Services PO Box 580 Fort Collins, CO 80522-0580 OWNER: Jeffrey D Lebesch 832 Wood St. Fort Collins, CO 80521 PROJECT DESCRIPTION: This is a City -initiated request to annex the 16.267 acre parcel #97023-00-034 at 832 Wood Street into the City of Fort Collins. The parcel became an enclave with the annexation of the Pateros Creek subdivision on September 18th, 2012. As of September 18th, 2015, the City is authorized to initiate and annex the enclave in accordance with State Statute 31-12-106. RECOMMENDATION: Staff recommends approval of the Wood Street Second Annexation, ANX150002, and that the property be placed in the Urban Estate (U-E) zone district. EXECUTIVE SUMMARY: This is an involuntary annexation for a property located within the Growth Management Area. The project satisfies the requirements for involuntary annexation by being wholly surrounded by property within the city limits and has been so for more than 3 years. The item is scheduled for first reading by City Council on December 1, 2015. Planning Services fcgov.com/developmentreview/ 281 N College Ave - PO Box 580 - Fort Collins, CO 80522-0580 970.221.6750