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HomeMy WebLinkAboutKIEFT ANNEXATION AND ZONING - 49-89, A - - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 3 MEETING DATE 11-20-89 STAFF Ken Waido City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Kieft Annexation and Zoning - #49-89, A APPLICANTS: Kenneth C. Wolf 420 S. Howes St. Suite 200 Ft. Collins, CO 80521 PROJECT DESCRIPTION: OWNERS: Larry D. & Susan Kieft 2333 W. Drake Road Ft. Collins, CO 80526 Request to annex and zone approximately 3.0 acres located west of Taft Hill Road and south of Drake Road. The requested zoning is the R-P, Planned Res- idential District. RECOMMENDATION: Staff recommends approval of the annexation and zoning request. EXECUTIVE SUMMARY: This is a request to annex and zone approximately 3.0 acres located west of Taft Hill Road and south of Drake Road. The requested zoning is the R-P, Planned Residential District. The property is presently developed with a single-family residence. The property is currently zoned FA-1, Farming, in the County. This is a voluntary annexation, the petition was submitted to fulfill a condition of receiving out -of -city water service. DEVELOPMENT SERVICES 300 LaPorte Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT • Background: The applicant, Kenneth C. Wolf, on behalf of the owners, Larry D. & Susan Kieft, has submitted a written petition requesting annexation of approximately 3.0 acres located west of Taft Hill Road and south of Drake Road. The requested zoning is the R-P, Planned Residential District. The property is presently developed with a single-family residence. The property is currently zoned FA-1, Farming, in the County. This is a voluntary annexation, the petition was submitted to fulfill a condition of receiving out -of -city water service. Any existing commercial signs on the property will have to conform to the City's Sign Code at the conclusion of a five year amortization period. The property is located within 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 will consider the annexa- tion of property in the UGA when the property is 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 Brown Farm First Annexation to the north and the West Drake Road Annexation to the east. The surrounding zoning and existing land uses are as follows: N: R-P, Planned Residential, existing multi -family development. E: R-P, Planned Residential, undeveloped. S: FA-1, Farming, large lot single-family development. W: FA-1, Farming, larger lot single-family home, horse boarding stable and proposed veterinary clinic (under UGA Review Board special review). The requested zoning for this annexation is the R-P, Planned Residential District. The R-P District designation is for areas planned as a unit to provide a variation in use and building placement. The property will probably eventu- ally develop residentially in coordination with either the property to the east and/or the property to the west. By itself, less than three acres in size, development of the subject property would be difficult. The general area would be appropriate for a mix of residential densities. Due to the existence of large lot single-family developments located to the south, increased residential densities on the subject property, and other properties with frontages along W. Drake Road, would be appropriate from an overall efficiency of services perspective. However, care must be taken to protect and buffer the lifestyles of large lot single-family developments located to the south. The R-P zone allows the development of standard single-family subdivisions as a "use -by -right." Any other type of residential development and/or non- residential development would require a planned unit development and evalua- tion according to the criteria of the LAND DEVELOPMENT GUIDANCE SYS- TEM. There are no immediate redevelopment plans for the property. L Findings 1. 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 November 7, 1989, the City Council approved a resolution which accepts the annexation petition and determines that the petition 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 December 19, 1989. 4. The requested R-P, Planned 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. No Text • 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 Kieft Annexation to the City of Fort Collins. Said area, consisting of approximately three (3) 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 (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 RP Zoning 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 S'gnature Subscribed and sworn to before me this day of 6/ 6Z4J 19Y19 , by Witness my hand and official seal. APRIL L. HAYES n expires: MY Commission Expires June 6. 19M 6,/� 1-1� Notary ublic -2- • • LEGAL DESCRIPTION OF REAL PROPERTY INCLUDED IN THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: a tract of land situate in the Northeast 1./4 of Section 28, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, which considering the North line of the said Northeast 1/4 as hearing S 88° 41' W and with all bearings contained lit -rein relative thereto is contained within the boundary lines which begin at a point on the said North line which bears S 88° 41' W 1479.30 feet from the Northeast corner of said Section 28 and run thence S 00° 47' 40" E 460.50 feet; thence S 88° 41' W 235.00 feet; thence N 48° 34' W 89.13 feet; thence N 06° 02' 30" E 403.30 feet to a point on the said North line; thence N 880 41' E 253.00 feet to the point of beginning, containing 2.9157 acres more or less and being subject to a right of way for West Drake Road over the North 30.00 feet thereof. and A t_acE of land sitsata in the Nor= east 1/4 of Section 28, Tewnshin 7 Plcr -_h , Range 069 West of the 6 c:h P.M. , Larimer Count_,, Colorado, wnich considering the North 1: ne of the said Normheast 1/4 as bearing S 88'41' W and with all bear:ncs containe_, nerein relative t`:er__o is contained wit:nin t e bcundar-i lines which begin at a point wnic_^. bears S 8 9 ' 4 1 ' W 1; 7 9.30 feet and again S 00047140" -7 460.30 faez from the Ncr_neast corner of said Saczion 29 and run thence S 00047'40" E 34.29 feet; thence S 88041' W 98.38 fae_; thence N 01319' W 34.29, lee_; thence N 88041' E 98.69 fee_ to the point of be;_nninc, containing 3,379 square fee_ more or less. property Address: :�?3� •,j, Dry.';e 3oad, For- C:,_1__.s, ...,_oradc 3G126 -Owner's Sig ature 2333 W. Drake Road Address Fort Collins, CO 80526 City State Zip /C- !o - J Date Owner's Signature 2333 W. Drake Road Address Fort Collins, CO 80526 City State Zip /L- i - d � Date -3- ATTORNEY CERTIFICATION I, Kenneth G Wnl fP 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. Sigriature oI i I � 06 9 Date -4- E ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A trac: of land situate in the County of Larimer. State of Colorado to -wit: a tract of land situate in the Northeast 1/4 of Section 28, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, which considering the North line of the said Northeast 1/4 as hearing S 88° 41' W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the said North line which hears S 88° 41' W 1479.30 feet from the Northeast corner of said Section 28 and run thence S 00° 47' 40" E 460.50 feet; thence S 88° 41' W 235.00 feet; thence N 48* 34' W 89.13 feet; thence N 06° 02' 30" E 403.30 feet to a point on the said North line; thence N 88° 41' E 253.00 feet to the point of beginning, containing 2.9157 acres more or less and being subject to a riqht of way for West Drake Road over the North 30.00 feet thereof. and SectiA tract of land situate in the Northeast 1/4 of LarimeonCounty Township 7 North, Range 69 West �orteth l 6n or `4`he said Northeast Colorado, which considering her 1/4 as bearing S 88041' W within with ytheabo boundrings ary lines 3 which n relative thereto is contained begin at a point which bears S8+�e yNortheast30Coreet or said again S 00°47'40" E 460.50 feet feet; section 28 and run hence e S 0N401°10y' ELv 3344. ??g feet; fence S 88°41' W 98.38 N 88041' E 98.69 tee: to the point of beginning, containing 3,37 square feet more or less. property Address: 2333 N. Drake Road, For: Collins, �Lurado 80525 r -5-