HomeMy WebLinkAboutKECHTER FARM SECOND ANNEXATION & ZONING - ANX150001 - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONPETITION FOR ANNEXATION
THE UNDERSIGNED (hereinafter referred to as the “Petitioner”) hereby petitions the Council of
the City of Fort Collins, Colorado for the annexation of an area, to be referred to as the Kechter
Farm Second Annexation to the City of Fort Collins. Said area, consisting of Parcel 1, Parcel 2
and Parcel 3, is approximately 78.575 acres, and is more particularly described on
Attachment “A,” attached hereto.
The Petitioner alleges:
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 each of the parcels within 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 Petitioner herein comprises more than fifty percent (50%) of the landowners in
the area and owns 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, Petitioner consents to the inclusion into the
Municipal Subdistrict, Northern Colorado Water Conservancy District (the “Subdistrict”) pursuant
to §37-45-136(3.6) C.R.S. Petitioner acknowledges that, upon inclusion into the Subdistrict,
Petitioner’s 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 Petitioner’s lands. Petitioner agrees 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. Petitioner also
agrees to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, §20
of the Colorado Constitution.
Kechter Farm Second Annexation
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WHEREFORE, Petitioner requests that the Council of the City of Fort Collins approve the
annexation of the area described on Attachment “A.” Furthermore, the Petitioner requests that
Parcel 1 (18.752 acres) and Parcel 2 (18.725 acres) of the area to be annexed be placed in the
Low Density Mixed-Use Neighborhood District (L-M-N), and that Parcel 3 (41.098 acres) of the
area to be annexed be placed in the Urban Estate District (U-E) pursuant to the Land Use Code
of the City of Fort Collins (“LUC”), and that such zoning be conditioned upon compliance with (i)
that certain Intergovernmental Agreement Regarding Cooperation on Managing Urban
Development, originally adopted May 1, 1980, and amended November, 2000 (“IGA”), (ii) the
Larimer County Land Use Code Supplementary Regulations, Section 15.2.2 et seq, and (iii) the
General Development Plan (“GDP”) and Planned Development zoning approved by Larimer
County on December 10, 2012.The zoning requested by Petitioner is consistent with the City
Structure Plan.
Petitioner acknowledges that this zoning request would be considered a request for zoning with
conditions as set forth in section 2.2.9 of the LUC. Petitioner further acknowledges that such
zoning with conditions will only be applicable if and to the extent that the development
contemplated by the GDP is actually constructed in accordance with the GDP. If Petitioner
proposes to develop a project within the annexed area in a fashion that would otherwise qualify
as a Major Amendment under the LUC, Petitioner acknowledges that this zoning with conditions
would no longer be applicable to such project, and that Petitioner would be required to process
such project through one or more applications under the LUC as would be required if the
property were zoned U-E and L-M-N without conditions. Petitioner agrees that, should this
Petition for Annexation be approved by the City and the property annexed and zoned within the
City as requested herein, that language to this effect shall be included in the ordinance zoning
the property, and in any Development Agreement applicable to the property, as appropriate.
x The Petitioner reserves the right to withdraw this petition and its signature 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.
The Petitioner represents that it owns Parcel 1, Parcel 2 and Parcel 3 of the area to be annexed
as described on Attachment “A” and as depicted on Attachment “B”.
IN WITNESS WHEREOF, the undersigned has executed this Petition for Annexation this ____
day of ______________________, 2015.
Kechter Farm Second Annexation
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TOLL CO I LLC, a Colorado limited liability company
By___________________________________________
Mark Bailey, Division President
Address: ___________________________________
_____________________________________________
Kechter Farm Second Annexation
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ATTACHMENT “A”
LEGAL DESCRIPTION OF ANNEXATION
PARCEL 1 [TO BE ZONED LOW DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (L-M-N)]
A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE
68 WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE NORTH LINE OF TRACT S, KECTER FARM PLANNED LAND DIVISION
FILING 1. BEING ASSUMED TO BEAR S89°39’17”E A DISTANCE OF
1445.97 FEET.
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST
QUARTER OF SECTION 8, TOWNSHIP 6 NORTH RANGE 68 WEST OF THE 6TH P.M. SAID CORNER
BEING THE NORTHWESTERLY CORNER OF SAID TRACT S, KECHTER FARM PLANNED LAND
DIVISION FILING 1, AS RECORDED UNDER RECEPTION NUMBER 20140024916 IN THE OFFICES
OF THE LARIMER COUNTY CLERK AND RECORDER;
THENCE ON THE NORTHERLY LINE OF TRACT S, ALSO BEING THE NORTH LINE OF THE SOUTH
ONE-HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8, N89°39'17"E A DISTANCE OF
1445.97 FEET, TO A POINT ON THE WESTERLY LINE OF THE KINARD JUNIOR HIGH SCHOOL
ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ON THE WESTERLY LINE OF SAID ANNEXATION, S00°17'17"W A DISTANCE OF 547.39
FEET, TO A POINT ON THE NORTHERLY LINE OF THE KECHTER FARM ANNEXATION TO THE
CITY OF FORT COLLINS;
THENCE ON THE NORTHERLY LINE OF SAID KECHTER FARM ANNEXATION THE FOLLOWING
TWENTY-NINE (29) COURSES:
1. S89°39'17"W A DISTANCE OF 114.78 FEET;
2. N89°42'43"W A DISTANCE OF 62.00 FEET;
3. S00°17'17"W A DISTANCE OF 17.45 FEET;
4. S44°58'17"W A DISTANCE OF 6.82 FEET;
5. S89°39'17"W A DISTANCE OF 202.56 FEET;
6. N45°01'43"W A DISTANCE OF 6.55 FEET;
7. N00°17'17"E A DISTANCE OF 1.28 FEET;
8. N89°42'43"W A DISTANCE OF 71.00 FEET;
9. S00°17'17"W A DISTANCE OF 1.93 FEET;
10. S44°58'17"W A DISTANCE OF 6.82 FEET;
11. S89°39'17"W A DISTANCE OF 202.56 FEET;
12. N45°01'43"W A DISTANCE OF 6.55 FEET;
13. N00°17'17"E A DISTANCE OF 1.17 FEET;
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14. N89°42'43"W A DISTANCE OF 91.00 FEET;
15. S00°17'17"W A DISTANCE OF 2.04 FEET;
16. S44°58'17"W A DISTANCE OF 6.82 FEET;
17. S89°39'17"W A DISTANCE OF 202.56 FEET;
18. N45°01'43"W A DISTANCE OF 6.55 FEET;
19. N00°17'17"E A DISTANCE OF 1.28 FEET;
20. N89°42'43"W A DISTANCE OF 71.00 FEET;
21. S00°17'17"W A DISTANCE OF 1.90 FEET;
22. S44°54'01"W A DISTANCE OF 6.85 FEET;
23. N89°36'13"W A DISTANCE OF 202.42 FEET;
24. N44°29'40"W A DISTANCE OF 6.78 FEET;
25. N00°17'17"E A DISTANCE OF 1.83 FEET;
26. N89°42'43"W A DISTANCE OF 71.00 FEET;
27. S00°17'17"W A DISTANCE OF 1.18 FEET;
28. S45°30'20"W A DISTANCE OF 6.88 FEET;
29. N89°16'36"W A DISTANCE OF 116.49 FEET, TO A POINT ON THE WEST LINE OF THE
SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8;
THENCE ON SAID WEST LINE, N00°43'20"E A DISTANCE OF 562.71 FEET, TO THE POINT OF
BEGINNING;
CONTAINING A CALCULATED AREA OF 816,849 SQUARE FEET OR 18.7523 ACRES.
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ATTACHMENT “A” (cont.)
LEGAL DESCRIPTION OF ANNEXATION
PARCEL 2 [TO BE ZONED LOW DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (L-M-N)]
A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE
68 WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE NORTH LINE OF TRACT S, KECTER FARM PLANNED LAND DIVISION
FILING 1. BEING ASSUMED TO BEAR S89°39’17”E A DISTANCE OF
1445.97 FEET.
BEGINNING AT THE CENTER QUARTER CORNER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE
68 WEST OF THE 6TH PRINCIPAL MERIDIAN;
THENCE ON THE WEST LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SAID
SECTION 8, N00°43’20”E A DISTANCE OF 31.77 FEET, TO A POINT ON THE WESTERLY LINE OF
THE KECHTER FARM ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ON THE WESTERLY LINE OF SAID KECHTER FARM ANNEXATION THE FOLLOWING
TWENTY-SIX (26) COURSES:
1. S87°51'05"E A DISTANCE OF 35.85 FEET;
2. S05°28'46"E A DISTANCE OF 46.86 FEET;
3. S21°33'42"E A DISTANCE OF 62.75 FEET;
4. S25°03'19"E A DISTANCE OF 18.00 FEET;
5. S25°28'04"E A DISTANCE OF 70.00 FEET;
6. S34°03'21"E A DISTANCE OF 89.70 FEET;
7. S46°06'36"E A DISTANCE OF 85.22 FEET;
8. S58°02'45"E A DISTANCE OF 87.99 FEET;
9. S64°06'35"E A DISTANCE OF 308.81 FEET;
10. S66°54'29"E A DISTANCE OF 73.04 FEET;
11. S78°09'57"E A DISTANCE OF 71.60 FEET;
12. S89°49'26"E A DISTANCE OF 70.59 FEET;
13. N74°53'28"E A DISTANCE OF 96.45 FEET;
14. N61°28'24"E A DISTANCE OF 69.69 FEET;
15. N53°22'15"E A DISTANCE OF 69.69 FEET;
16. N39°52'00"E A DISTANCE OF 69.86 FEET;
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17. S55°48'39"E A DISTANCE OF 131.53 FEET;
18. S32°35’48”W A DISTANCE OF 10.98 FEET;
19. S56°41'38"E A DISTANCE OF 171.79 FEET;
20. S54°49'16"E A DISTANCE OF 61.63 FEET, TO A POINT OF NON-TANGENT CURVE;
21. ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS
S61°39’57”W A CHORD DISTANCE OF 1219.35 FEET, HAVING A RADIUS OF 1367.00 FEET,
A CENTRAL ANGLE OF 52°58'26" AND AN ARC LENGTH OF 1263.88 FEET, TO A POINT OF
NON-TANGENT;
22. N45°58'29"W A DISTANCE OF 24.47 FEET;
23. S89°41'18"W A DISTANCE OF 45.49 FEET;
24. S00°18'42"E A DISTANCE OF 7.34 FEET;
25. S45°12'33"W A DISTANCE OF 14.01 FEET;
26. N89°16'11"W A DISTANCE OF 193.74 FEET, TO A POINT ON THE WEST LINE OF THE
SOUTHEAST QUARTER OF SECTION 8;
THENCE ON SAID WEST LINE N00°43'49"E A DISTANCE OF 1148.62 FEET;
CONTAINING A CALCULATED AREA OF 815,667 SQUARE FEET OR 18.7251 ACRES.
Kechter Farm Second Annexation
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ATTACHMENT “A” (cont.)
LEGAL DESCRIPTION OF ANNEXATION
PARCEL 3 [TO BE ZONED URBAN ESTATE DISTRICT (U-E)]
A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE
68 WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE NORTH LINE OF TRACT S, KECTER FARM PLANNED LAND DIVISION
FILING 1. BEING ASSUMED TO BEAR S89°39’17”E A DISTANCE OF
1445.97 FEET.
COMMENCING AT THE CENTER ONE-QUARTER CORNER OF SECTION 8, TOWNSHIP 6 NORTH,
RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN;
THENCE ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 8, S00°43'49"W A
DISTANCE OF 1214.62 FEET, TO A POINT ON THE SOUTHERLY LINE OF THE KECHTER FARM
ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ON SAID SOUTHERLY LINE, S89°16'27"E A DISTANCE OF 51.92 FEET, TO THE POINT OF
BEGINNING;
THENCE CONTINUING ON SAID SOUTHERLY LINE THE FOLLOWING TWENTY-SEVEN (27)
COURSES:
1. S89°16'05"E A DISTANCE OF 143.03 FEET;
2. S44°47'27"E A DISTANCE OF 14.27 FEET;
3. S00°18'42"E A DISTANCE OF 6.76 FEET;
4. N89°41'18"E A DISTANCE OF 53.00 FEET;
5. N00°18'42"W A DISTANCE OF 6.76 FEET;
6. N44°03'21"E A DISTANCE OF 14.30 FEET, TO A POINT OF NON-TANGENT CURVE;
7. ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS
N72°44’15”E A CHORD DISTANCE OF 765.23 FEET, HAVING A RADIUS OF 1433.00 FEET, A
CENTRAL ANGLE OF 30°58'19" AND AN ARC LENGTH OF 774.63 FEET, TO A POINT OF
NON-TANGENT;
8. S32°44'55"E A DISTANCE OF 62.13 FEET;
9. S45°09'46"E A DISTANCE OF 111.92 FEET;
10. S51°29'52"E A DISTANCE OF 109.07 FEET;
11. S58°02'05"E A DISTANCE OF 109.07 FEET;
12. S63°13'21"E A DISTANCE OF 87.09 FEET;
13. S25°04'54"W A DISTANCE OF 63.27 FEET;
14. S03°57'47"E A DISTANCE OF 169.59 FEET;
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15. S56°34'16"E A DISTANCE OF 182.04 FEET;
16. N74°00'16"E A DISTANCE OF 182.79 FEET;
17. N19°34'55"E A DISTANCE OF 144.16 FEET;
18. N07°14'48"W A DISTANCE OF 63.27 FEET;
19. N88°26'56"E A DISTANCE OF 109.07 FEET;
20. N81°54'52"E A DISTANCE OF 109.00 FEET;
21. N78°22'07"E A DISTANCE OF 100.00 FEET;
22. N82°34'51"E A DISTANCE OF 89.76 FEET;
23. S83°58'56"E A DISTANCE OF 97.74 FEET;
24. S80°44'59"E A DISTANCE OF 204.79 FEET;
25. S78°34'39"E A DISTANCE OF 53.00 FEET;
26. N11°25'21"E A DISTANCE OF 45.30 FEET;
27. S78°34'39"E A DISTANCE OF 150.00 FEET, TO A POINT ON THE SOUTHERLY LINE OF
TRACT U, KECHTER FARM PLANNED LAND DIVISION FILING 1;
THENCE ON THE SOUTHERLY LINE OF TRACT U, THE FOLLOWING TWENTY-SIX (26) COURSES:
1. S11°25'21"W A DISTANCE OF 260.00 FEET;
2. S16°22'16"W A DISTANCE OF 144.25 FEET;
3. S28°48'27"W A DISTANCE OF 146.19 FEET;
4. S41°24'00"W A DISTANCE OF 146.19 FEET;
5. S52°49'36"W A DISTANCE OF 146.55 FEET;
6. S62°04'00"W A DISTANCE OF 41.54 FEET;
7. S70°08'26"W A DISTANCE OF 146.85 FEET;
8. S82°43'59"W A DISTANCE OF 146.85 FEET;
9. N84°40'28"W A DISTANCE OF 146.85 FEET;
10. N70°56'15"W A DISTANCE OF 145.94 FEET;
11. N65°14'00"W A DISTANCE OF 130.02 FEET;
12. N65°12'57"W A DISTANCE OF 30.00 FEET;
13. N67°45'31"W A DISTANCE OF 121.29 FEET;
14. N80°12'34"W A DISTANCE OF 119.67 FEET;
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15. S86°55'18"W A DISTANCE OF 119.34 FEET;
16. S83°23'03"W A DISTANCE OF 260.00 FEET;
17. S83°50'49"W A DISTANCE OF 170.59 FEET;
18. N83°50'28"W A DISTANCE OF 146.71 FEET;
19. N71°21'15"W A DISTANCE OF 146.71 FEET;
20. N58°52'02"W A DISTANCE OF 146.71 FEET;
21. N46°22'49"W A DISTANCE OF 146.71 FEET;
22. N33°53'36"W A DISTANCE OF 146.71 FEET;
23. N20°14'22"W A DISTANCE OF 146.41 FEET;
24. N10°05'12"W A DISTANCE OF 146.41 FEET;
25. N00°33'31"W A DISTANCE OF 133.21 FEET;
26. N00°18'42"W A DISTANCE OF 28.41 FEET, TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 1,790,220 SQUARE FEET OR 41.0978 ACRES
Kechter Farm Second Annexation
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ATTACHMENT “B”
DEPICTION OF ANNEXATION.
Kechter Farm Second Annexation
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ATTACHMENT “C”
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The undersigned, being first duly sworn upon his oath states:
That she was the circulator of the attached Petition for Annexation and that each signature
thereon is the signature of the person whose name it purports to be.
______________________________
Linda Ripley
Subscribed and sworn to before me this ___ day of ________________, 2015, by
________________________________
WITNESS my hand and official seal.
_____________________________ ___________________________________
Commission Expiration Notary Public
Kechter Farm Second Annexation
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ATTACHMENT “D”
ATTORNEY CERTIFICATION
I, Lucia A. Liley , an attorney licensed to practice in the State
of Colorado, hereby certify that, as of the date of this certificate, the signer of this Petition for
Annexation for the area referred to as the Kechter Farm Second Annexation
to the City of Fort Collins is the owner of real property in the area proposed for annexation.
Furthermore, I certify that said owner constitutes more than 50% of the landowners in the area
proposed for annexation, as said area is described on Attachment "A" of said Petition for
Annexation, and owns more than 50% of the land in said area, exclusive of streets and alleys.
Date Signature Attorney Reg. No.