HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/07/2021 - RESOLUTION 2021-111 FINDING SUBSTANTIAL COMPLIANCE Agenda Item 19
Item # 19 Page 1
AGENDA ITEM SUMMARY December 7, 2021
City Council
STAFF
Pete Wray, Senior City Planner
Brad Yatabe, Legal
SUBJECT
Resolution 2021-111 Finding Substantial Compliance and Initiating Annexation Proceedings for the Timber
Lark Annexation.
EXECUTIVE SUMMARY
The purpose of this item is to determine substantial compliance and initiate annexation proceedings for the
Timber Lark Annexation. The Applicant has submitted a written petition requesting the annexation. The Timber
Lark Annexation totals 35.17-acres, which establishes 1/6 perimeter boundary contiguity with the existing
municipal boundaries to the west, north, and east, is located approximately 600 feet northwest of the
intersection of South Timberline Road and East Trilby Road.
The requested zoning for this annexation is Low Density Mixed -Use Neighborhood (L-M-N) in compliance with
the City of Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan. Notice to parcels abutting
platted streets was provided pursuant to § 31-12-105, C.R.S. No project development plan proposal was
submitted in conjunction with the annexation application.
This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to
annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins
Intergovernmental Agreement Regarding Growth Management.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The proposed Resolution makes a finding that the petition substantially complies with the Municipal
Annexation Act, determines that a hearing should be established regarding the annexation, and directs that
notice be given of the hearing. The hearing will be held at the time of First Re ading of the annexation and
zoning ordinances. The proposed zoning of a property to be annexed is not a requirement under § 31 -12-
107, C.R.S., and discussion of zoning issues should be reserved for the zoning review that will occur
concurrent to the first reading for the annexation. Not less than thirty days of prior notice is required by state
law.
The property is located within the Fort Collins Growth Management Area. According to policies and
agreements between the City of Fort Collins and Larimer Count y contained in the Intergovernmental
Agreement for the Fort Collins Growth Management Area, the City agrees to consider annexation of property
in the GMA when the property is eligible for annexation according to State law.
Agenda Item 19
Item # 19 Page 2
The 35.17- acre Timber Lark Annexation has a total contiguous perimeter (3,417.55 feet) of 54%, which
satisfies the one-sixth (1/6) area required. Contiguity is gained from the Union Pacific South 4th Annexation,
Keating Annexation No. 2, and the Westchase Annexation No. 1.
CITY FINANCIAL IMPACTS
The annexation and zoning will not result in any initial direct significant financial/economic impacts. Electric
service will be transferred from Poudre Valley REA to Fort Collins Light and Power. Future development will
also trigger the transition of law enforcement from Larimer County Sheriff to Fort Collins Police Services.
Water utility services will continue to be provided by the Fort Collins Loveland Water District, and wastewater
utility service by the South Fort Collins Sanitation District.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Commission will conduct a public hearing on the annexation and zoning request on
December 16, 2021. The Commission’s recommendation will be forwarded to Council as part of the First
Reading of the annexation and zoning ordinances on January 18, 2022.
PUBLIC OUTREACH
There was no public outreach for this initiating Resolution, as this Resolution simply accepts the Annexation
Petition and provides a schedule for upcoming Council hearings, with a schedule and notification
requirements that comply with State Statutes. A neighborhood meeting was held on August 23, 2021, for the
annexation and zoning for the Timber Lark property.
ATTACHMENTS
1. Vicinity Map (PDF)
2. Petition (PDF)
3. Annexation Map (PDF)
4. Structure Plan (PDF)
5. Fossil Creek Reservoir Area Plan Map (PDF)
6. Existing Zoning Map (PDF)
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT “A”
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the SE ¼ of Section 7, Township 6 North, Range 68 West of the 6th P.M.,
Larimer County, Colorado, which considering the East line of the said SE ¼ as bearing North and South
and with all bearings contained herein relative thereto is contained within the boundary lines which begin
at a point which bears N 624.80 feet, and again West 473.48 feet from the SE corner of said Section 7
and run thence West 2059.56 feet to a point on the East line of the Union Pacific Railroad; thence along
said East line N 0°25’ W 695.01 feet; thence East 2538.16 feet to a point on the East line of the said SE
¼; thence S 235.00 feet along the said East line; thence West 473.48 feet; thence South 460.00 feet to
the Point of Beginning, County of Larimer, State of Colorado
EXCEPT that portion dedicated as a public highway in Deed of Dedication recorded May 27, 1981 in
Book 2117 at Page 226, Larimer County records.
ATTACHMENT “D”
TIMBER LARK RESIDENTIAL ANNEXATION NARRATIVE
4(g) A statement as to why it is necessary and desirable for the City of Fort Collins to
annex the area.
The property is located approximately 600 feet northwest of the Timberline Road and Trilby
Road intersection. The property is adjacent to the Linden Park subdivision to the north, the
Union Pacific Railway to the west, large estate lots to the south, and Timberline Road and
another large estate lot to the east. The entire north and west boundaries of the property,
as well as the portion of the east property boundary that is adjacent to Timberline Road,
are contiguous with the boundaries of the City of Fort Collins.
The owner of the property described in the Timber Lark Residential Annexation requests to
be annexed into the City of Fort Collins in order to develop their property. The historical use
of the property has been rural and undeveloped, but now that other recent developments
have occurred in the vicinity, the owner recognizes that the development of this property,
consistent with Low Density Residential is the best use of the land.
The property is located within the City’s Growth Management Area (GMA) and therefore, is
subject to the Intergovernmental Agreement (IGA) between the City of Fort Collins and
Larimer County. The IGA requires that before urban development of the property can occur
it must be annexed into the City. The boundary of the GMA, together with the IGA, verifies
that the City and County agree that the property should be annexed prior to development.
The applicant agrees that this is both appropriate and desirable.
4(h) A description of the zoning classification being requested and any condition
requested for that zone district classification.
The Applicant is requesting a zone district classification of Low-Density Mixed Use (LMN),
in accordance with the Structure Plan. There are no conditions requested at this time.
4(i)
A statement of consistency of the requested zoning to the Structure Plan.
The Structure Plan identifies the Timber Lark property as a Mixed Neighborhood place
type. Characteristics of a Mixed Neighborhood includes a variety of housing types such as
single-family detached homes, duplexes, triplexes, and townhomes with a density between
five and 20 dwelling units per acre. The supported housing types and density proposed in
the Structure Plan is indicative of a Low Density Mixed-Use (LMN) zoning designation,
where the purpose statement suggests that the main purpose of the District is to meet a
wide range of needs of everyday living in neighborhoods that include a variety of housing
choices, that invite walking to gathering places, services and conveniences, and that are
fully integrated into the larger community by the pattern of streets, blocks, and other
linkages. The LMN district requires a minimum average density of three (3) dwelling units
per net acre for properties over 20 acres and a maximum density of nine (9) dwelling units
per gross acre, which is consistent with the requirements of the Structure Plan.
(R) WEST 473.48'(M) N89°55'35"W 473.60'S. TIMBERLINE ROAD(PUBLIC ROW VARIES)FND #4 REBARNO CAPFND #4 REBARW/OPC, ILLEGIBLEBEARS N00°03'41"E, 0.73'FROM PROPERTY LINE(NOT ACCEPTED,DISTURBED)FND #4 REBARNO CAPFND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARNO CAPFND NAIL & BRASSTAG, LS 28286FND NAIL & BRASSTAG, W.C.FND #4 REBARNO CAPFND #4 REBARNO CAPFND #4 REBARNO CAPFND #4 REBARW/OPC, LS 25372BEARS N00°03'41"E, 1.15'FROM PROPERTY LINE(NOT ACCEPTED,DISTURBED)FND #4 REBARW/OPC, LS 25372BEARS N00°03'41"E, 1.47'FROM PROPERTY LINE(NOT ACCEPTED,DISTURBED)SOUTHEAST CORNER SECTION 7-T6N-R68W314" ALUMINUM CAPIN MONUMENT BOXPLS 16847EAST 1/4 CORNERSECTION 7-T6N-R68W314" ALUMINUM CAPON #6 REBAR, LS 34995ANNEXATION AREA1,532,128 sq. ft.35.173 ac.(R) N00°25'W 695.01'(M) N00°16'28"W 695.56'(R) EAST 2488.16'(M) S89°54'13"E 2487.85'(M) S00°10'54"W 234.15'(R) SOUTH 235.00'(M) N89°55'33"W 423.01'(R) WEST 423.48'(M) S00°08'03"W 459.97'(R) SOUTH 460.00'(M) N89°56'19"W 2059.68'(R) WEST 2059.56'UNION PACIFIC SOUTH4TH ANNEXATIONKEATING ANNEXATION NO. 2WESTCHASE ANNEXATION NO. 1(REC. NO. 2002000261)S89°53'53"E50.00' (TIE)S89°53'53"E50.33' (TIE)N00°06'07"E 2615.81'UNINCORPORATEDUNINCORPORATED1296.42'234.15'UPRR 300' ROWFND #4 REBARW/OPC, ILLEGIBLE(TRACT B OF EXEMPTION PLATRECORDED IN BOOK 2113, PAGE 1682)459.94'(R) NORTH 624.80'(M) N00°06'07"E 625.29'POINT OF BEGINNINGROW DEDICATEDBOOK 2117, PAGE 226NOTICE:According to Colorado law you must commence any legal action basedupon any defect in this survey within three years after you discover suchdefect. In no event may any action based upon any defect in this surveybe commenced more than ten years after the date of the certificate shownhereon.EHTRONRNFORT COLLINS: 301 North Howes Street, Suite 100, 80521GREELEY: 820 8th Street, 80631970.221.4158northernengineering.comNORTHTO THE CITY OF FORT COLLINSA TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADOTIMBER LARK ANNEXATION1SURVEYOR'S STATEMENTI, Robert C. Tessely, a Colorado Registered Professional Land Surveyor do hereby state that this map of land proposed to beAnnexed to the City of Fort Collins, County of Larimer, State of Colorado was prepared under my direct supervision from existingdocuments of record, and that the same is true and correct to the best of my knowledge, information and belief.I further state that not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous to the boundary line ofthe City of Fort Collins, County of Larimer, State of ColoradoRobert C. TesselyColorado Registered ProfessionalLand Surveyor No. 38470For and on behalf of Northern Engineering Services, Inc.DESCRIPTION:A tract of land situate in the SE ¼ of Section 7, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which consideringthe East line of the said SE ¼ as bearing North and South and with all bearings contained herein relative thereto is contained within the boundarylines which begin at a point which bears N 624.80 feet, and again West 473.48 feet from the SE corner of said Section 7 and run thence West2059.56 feet to a point on the East line of the Union Pacific Railroad; thence along said East line N 0°25’ W 695.01 feet; thence East 2538.16 feetto a point on the East line of the said SE ¼; thence S 235.00 feet along the said East line; thence West 473.48 feet; thence South 460.00 feet to thePoint of Beginning, County of Larimer, State of ColoradoEXCEPT that portion dedicated as a public highway in Deed of Dedication recorded May 27, 1981 in Book 2117 at Page 226, Larimer Countyrecords.The above described tract of land contains 1,532,128 square feet or 35.173 acres, more or less, and is subject to all easements and rights-of-waynow on record or existing.ANNEXATION:Total Perimeter ................................................ 6360.22 feetContiguous Boundary ...................................... 3417.55 feetMinimum Contiguous Feet Required .............. 1060.04 feetINDICATES CURRENT CITY OF FORT COLLINS BOUNDARY LINE =APPROVED:This plat to be known as TIMBER LARK ANNEXATION to the City of Fort Collins, County of Larimer,State of Colorado by Ordinance No. , passed and adopted on final reading at a regularmeeting of the City Council of Fort Collins, Colorado held on the day of , 20 ..City ClerkAPPROVED AS TO FORM:_______________________________________________City EngineerNOTES:1) This plat and description show the boundary of the area to be annexed to the City of Fort Collins. the plat anddescription were prepared using existing Annexation Maps, Deeds and the City of Fort Collins section corner database.The section corner database is based upon the City of Fort Collins coordinate base. The existing bearings and distances asshown on the previously recorded Annexation Plats and Deeds have been changed to facilitate closure with the current citysection corner database.2)The Basis of Bearings is the East line of the Southeast Quarter of Section 7, Township 6 North, Range 68 West of the6th P.M. as bearing North 00°06'07" East, and monumented as shown on drawing.3) The lineal unit of measure for this survey is U.S. Survey Feet.11-3-21VICINITY MAPNORTHS. TIMBERLINE RD.E. TRILBY RD.SITEBOUNDARY LINEPROPERTY LINEFOUND PROPERTY CORNERAS DESCRIBEDSECTION LINEFOUND SECTION CORNERAS DESCRIBEDRIGHT-OF-WAY LINEMEASURED BEARING/DISTANCE(M)RECORDED BEARING/DISTANCE(R)S:\Survey Jobs\698-004\Dwg\Annexation\698-004 ANNEXATION.dwg, 11/3/2021 9:31:50 AM, 1:1ATTACHMENT 3
Timber Lark Annexation - Structure Plan Map
Site
ATTACHMENT 4
Timber Lark Annexation – Fossil Creek Reservoir Area Plan Map
ATTACHMENT 5
Timber Lark Annexation – Existing Zoning Map
Site
ATTACHMENT 6
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RESOLUTION 2021-111
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR THE
TIMBER LARK ANNEXATION
WHEREAS, a written petition, together with four prints of an annexation map, have been
filed with the City Clerk requesting the annexation of certain property to be known as the Timber
Lark Annexation, as more particularly described below; and
WHEREAS, the City Council desires to initiate annexation proceedings for the Timber
Lark Annexation in accordance with the Municipal Annexation Act, Colorado Revised Statutes
(“C.R.S.”) Section 31-12-101, et seq.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby accepts the annexation petition for the
Timber Lark Annexation, located approximately 600 feet northwest of the intersection of South
Timberline Road and East Trilby Road and more particularly described as situate in the County
of Larimer, State of Colorado, to wit:
A tract of land situate in the SE ¼ of Section 7, Township 6 North, Range 68 West of the
6th P.M., Larimer County, Colorado, which considering the East line of the said SE ¼ as
bearing North and South and with all bearings contained herein relative thereto is
contained within the boundary lines which begin at a point which bears N 624.80 feet,
and again West 473.48 feet from the SE corner of said Section 7 and run thence West
2059.56 feet to a point on the East line of the Union Pacific Railroad; thence along said
East line N 0°25’ W 695.01 feet; thence East 2538.16 feet to a point on the East line of
the said SE ¼; thence S 235.00 feet along the said East line; thence West 473.48 feet;
thence South 460.00 feet to the Point of Beginning, County of Larimer, State of Colorado
EXCEPT that portion dedicated as a public highway in Deed of Dedication recorded May
27, 1981 in Book 2117 at Page 226, Larimer County records.
The above-described tract of land contains 1,532,128 square feet or 35.173 acres, more or
less.
Section 3. That the City Council hereby finds and determines that the annexation
petition for the Timber Lark Annexation is in substantial compliance with the Municipal
Annexation Act in that the annexation petition contains the following:
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(1) An allegation that it is desirable and necessary that such area be annexed to the
municipality;
(2) An allegation that the requirements of C.R.S. Sections 31-12-104 and 31-12-105
exist or have been met;
(3) An allegation that the signers of the petition comprise more than fifty percent of
the landowners in the area and own more than fifty percent of the area proposed to be
annexed, excluding public streets and alleys and any land owned by the annexing
municipality;
(4) The signatures of such landowners;
(5) A request that the annexing municipality approve the annexation of the area
proposed to be annexed;
(6) The mailing address of each such signer;
(7) The legal description of the land owned by such signer;
(8) The date of signing of each signature; and
(9) The affidavit of the circulator of such petition that each signature therein is the
signature of the person whose name it purports to be.
Section 4. That the City Council hereby finds and determines that the annexation
map, four copies total, accompanying the annexation petition for the Timber Lark Annexation is
in substantial compliance with the Municipal Annexation Act in that the map contains the
following:
(1) A written legal description of the boundaries of the area proposed to be annexed;
(2) A map showing the boundary of the area proposed to be annexed;
(3) Within the annexation boundary map, a showing of the location of each
ownership tract in unplatted land and, if part or all of the area is platted, the boundaries
and the plat numbers of plots or of lots and blocks; and
(4) Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the annexing municipality and the contiguous boundary of any
other municipality abutting the area proposed to be annexed.
Section 5. That the Notice attached hereto as Exhibit “A” is hereby adopted as a part
of this Resolution. Said Notice establishes the date, time and place when a public hearing will be
held regarding the passage of annexation and zoning ordinances pertaining to the above-
described property. The City Clerk is directed to publish a copy of this Resolution and said
Notice as provided in the Municipal Annexation Act.
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins held
this 7th day of December, A.D. 2021.
__________________________________
Mayor
ATTEST:
____________________________
Interim City Clerk
NOTICE
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted
Resolution 2021-111 initiating annexation proceedings for the Timber Lark Annexation, consisting of
approximately 35.17 acres and generally located approximately 600 feet northwest of the intersection of
South Timberline Road and East Trilby Road, and said Annexation being more particularly described in
Resolution 2021-111, a copy of which is available from the City Clerk’s Office. The area to be annexed
will be concurrently reviewed for zoning to the Low Density Mixed Use Neighborhood (L-M-M) zone
district. The area to be annexed is more particularly described as:
A tract of land situate in the SE ¼ of Section 7, Township 6 North, Range 68 West of the 6th
P.M., Larimer County, Colorado, which considering the East line of the said SE ¼ as bearing
North and South and with all bearings contained herein relative thereto is contained within the
boundary lines which begin at a point which bears N 624.80 feet, and again West 473.48 feet
from the SE corner of said Section 7 and run thence West 2059.56 feet to a point on the East line
of the Union Pacific Railroad; thence along said East line N 0°25’ W 695.01 feet; thence East
2538.16 feet to a point on the East line of the said SE ¼; thence S 235.00 feet along the said East
line; thence West 473.48 feet; thence South 460.00 feet to the Point of Beginning, County of
Larimer, State of Colorado
EXCEPT that portion dedicated as a public highway in Deed of Dedication recorded May 27,
1981 in Book 2117 at Page 226, Larimer County records.
The above-described tract of land contains 1,532,128 square feet or 35.173 acres, more or less.
That, on January 18, 2022, at the hour of 6:00 p.m., or as soon thereafter as the matter may come
on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado,
the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request
for the purpose of finding and determining whether the property proposed to be annexed meets the
applicable requirements of Colorado law and is considered eligible for annexation and for the purpose
of determining the appropriate zoning for the property included in the Annexation. At such hearing, any
persons may appear and present such evidence as they may desire.
The Petitioner has requested that the Property included in the Annexation be placed in the Low
Density Mixed Use Neighborhood (“L-M-N”) Zone District.
Dated this 12th day of December, A.D. 2021.
Tammi Pusheck
Interim City Clerk
Upon request, the City of Fort Collins will provide language access services for individuals who have limited English
proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and
activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide 48 hours advance
notice when possible.
A petición, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma
inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y
actividades de la Ciudad. Para asistencia, llame al 970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor
proporcione 48 horas de aviso previo cuando sea posible.
EXHIBIT A