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Home My WebLink AboutFOOTHILLS WATER TANK ANNEXATION AND ZONING - 24 90, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 7 MEETING DATE 6-25-90 STAFF Kirsten Whetstone City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Foothills Water Tank Annexation and Zoning - #24-90,A APPLICANT: City of Fort Collins OWNER: Same PROJECT DESCRIPTION: Request to annex and zone approximately 4.61 acres located north of Prospect Road (extended) and approximately 3/4 mile west of Overland Trail, generally located northwest of the CSU football stadium and north of the Maxwell Open Space Area. 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 4.61 acres of City -owned property located north of Prospect (extended) and approximately 3/4 mile west of Overland Trail. The property is the location of one of the City's water tanks. The requested zoning is 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. CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT • Foothills Water Tank Annexation June 25, 1990 P & Z Meeting Page 2 Background: 0 & Zoning - #24-90 & 24-90A The City of Fort Collins is requesting annexation of approximately 4.61 acres of City -owned property located north of Prospect Road (extended) and approximately 3/4 mile west of Overland Trail, northwest of the CSU football stadium and north of the Maxwell Open Space Area. The property is the location of one of the City's water tanks. 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 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 areas along the Foothills and in other areas when they satisfied contiguity requirements and became eligible for annexation. This property gains the required 1/6 contiguity to existing City limits from a common boundary with the Maxwell Open Space Annexation directly to the south. City police protection would extend to the property after annexation. The surrounding zoning and existing land uses are as follows: N: E-1, Estate County zoning (Noel property) E: E-1, Estate County zoning (Noel property) S: R-F, Foothills Residential zoning (Maxwell Open Space) W: E-1, Estate County zoning (Noel property) The requested zoning for this annexation is the R-F, Foothills Residential District. The R-F District designation is for low density residential areas located near the foothills. The property is currently used for one of the City's water tanks and it is unlikely that the use of this property will change anytime in the future. The current use is an allowable use in the R-F District. Findings 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 July 3, 1990, the City Council will consider 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 August 7, 1990. Foothills Water Tan•nnexation & Zoning - #24-90 & A-90A June 25, 1990 P & Z Meeting Page 3 4. The requested R-F, Foothills District is in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends approval of the annexation and requested zoning. iMan 0 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 =—hills Water Tank Annexation to the City of Fort Collins. Said area, consisting of approximately 4.61 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 Loundaries 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 Citv 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 R--F• Foothills Res. Zoning District pursuant to Chapter_9 (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 -1- LEGAL DESCRIPTION OF REAL PROPERTY INCLUDED IN THE ANNEXATION A tract of land situate in the County of Latimer, State of Colorado to -wit: LEGAL DESCRIPTION A TRACT OF LAND SITUATE IN THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., LAR"IMER COUNTY, COLORAD_O. WHICH CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17 AS BEARING S84 42' 57"W AND WITH ALL BEARINGS "CONTAINED HEREIN RELATIVE THERETO, IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SOUTH QUARTER CORNER OF SAID SECTION 17 AND RUNS THENCE S84 42' 57"W "1181.25 FEET TO THE TRUE POINT OF BEGINNING1 THENCE S84.42' 57^W 425.00 FEETI THENCE NOD 18' 57"E475.00 FEETy THENCE N84 42' 57"E 425.00 FEET] THENCE SOD 18' 57"W 475.00 FEET TO THE POINT OF BEGINNING." CONTAINING 4.6123 ACRES. Owner's Signature Address City State Zip Date -3- Owner's Signature Address City State Zip Date 0 '® ATTORNEY CERTIFICATION I, 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 that the signers of the attached Annexation Petition 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 and own more than 50% of the land in said area, exclusive of streets and alleys. Signature Date -4- 0 ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: LEGAL DESCRIPTION A TRACT OF LAND SITUATE IN THE SOUTHWEST QUARTER OF SECTION 17. TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., LARIMER COUNTY,, COLORADO, WHICH CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID.SECTION 17 AS BEARING S84 42' 57"W AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SOUTH QUARTER CORNER OF SAID SECTION 17 AND RUNS THENCE S84 42' 57"W 1181.25 FEET TO THE TRUE POINT OF BEGINNINGS THENCE_ 884 42' 57"W 425.00 FEETi THENCE NOD 18' 57"E 475.00 FEET;,THENCE N84 42' 57"E 425.00 FEETI THENCE SOO 18' 57"W 475.0 FEET TO THE POINT OF BEGINNING. CONTAINING 4.6123 ACRES. -5-