HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/02/2004 - ITEMS RELATING TO THE HARMONY FARMS SECOND ANNEXAT ITEM NUMBER: 20 A-C
AGENDA ITEM SUMMARY DATE: March 2, 2004
FORT COLLINS CITY COUNCIL STAFF: Cameron Gloss
SUBJECT
Items Relating to the Harmony Farms Second Annexation.
RECOMMENDATION
The Planning and Zoning Board recommends adoption of the Resolution and Ordinances on First
Reading.
EXECUTIVE SUMMARY
A. Resolution 2004-031 Setting Forth Findings of Fact and Determinations Regarding the
Harmony Farms Second Annexation.
B. First Reading of Ordinance No. 042, 2004, Annexing Property Known as the Harmony
Farms Second Annexation to the City of Fort Collins, Colorado.
C. First Reading of Ordinance No. 043, 2004, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Harmony Farms
Second Annexation to the City of Fort Collins, Colorado.
BACKGROUND
1. State Law—Colorado Revised Statutes (CRS) and The Colorado Constitution
A. CRS 31-12-104—Eligibility for Annexation:
This property is eligible for annexation according to CRS,requiring 1/6 contiguity to the
existing city limits. This annexation application complies with this standard since the
property has 100% of its total boundary contiguous to the existing City limits. This
contiguity occurs through a common boundary with the Rickettes Annexation
(September 1993)on the north,the Harmony Farm Annexation on the west(July 1994),
the Kendall-Harmony Annexation (6/2000) on the south, and the Johnson-Harmony
Annexation (1/2000) on the east.
March 2, 2004 -2- Item No. 20 A-C
B. CRS 31-12-106 Annexation of Enclaves, Partially Surrounded Land, and Municipally
Owned Land:
When any unincorporated area is entirely contained within the boundaries of a
municipality (i.e. and enclave), the governing body may by ordinance annex such
territory to the municipality if said area has been so surrounded for a period of not less
than three years.
2. Intergovernmental Agreement Between Fort Collins and Latimer County
A. IGA Section 8- Annexations:
(1) IGA Section 8(A) -It is the City's intent to annex properties within the GMA as
expeditiously as possible.
(2) IGA Section 8(D) - The City agrees to pursue involuntary annexation of any
parcel that becomes eligible for involuntary annexation.
3. Land Use Code Standards
A. LUC Section 2.12 Annexation of Land-This section of the Land Use Code requires:
(1) that the annexation of lands be in accordance with state law;
(2) that the Planning and Zoning Board shall hold a hearing on the matter and report
a recommendation to the City Council; and
(3) that a recommendation on the proper zoning for the lands be provided.
The annexation conforms to the requirements in the Colorado Revised Statutes (CRS).
This hearing will be the forum through which the Planning and Zoning Board will
forward a recommendation to Council. The recommended zoning is HC — Harmony
Corridor District.
B. LUC Section 2.9 Amendment to the Zoning Map —This section of the Land Use Code
requires that any amendment to the Zoning Map involving the zoning or rezoning of 640
acres of land or less (a quasi-judicial zoning/rezoning) shall be recommended for
approval by the Planning and Zoning Board or approved by the City Council only if the
proposed amendment is:
(1) consistent with the City's Comprehensive Plan; and/or
(2) warranted by changed conditions within the neighborhood surrounding and
including the subject property.
The property is currently zoned FA-1 Farming District in Larimer County. The requested
zoning for this annexation is the HC—Harmony Corridor District. The City's adopted
March 2, 2004 -3- Item No. 20 A-C
Structure Plan,a part of the Comprehensive Plan,suggests that HC—Harmony Corridor
District is appropriate for this location.
4. Planning and Zoning Board Hearing:
At its February 19, 2004 hearing, the Planning and Zoning Board unanimously recommended
that City Council approve the proposed enclave annexation. For the record,two Board members
(Craig and Schmidt) requested that direct financial impacts to area residents be taken into
consideration with the Council's request. One particular concern that was noted related to
increased City fees and charges due upon annexation(see attached letter from Troy Jones dated
December 23, 2004).
FINDINGS OF FACT/CONCLUSION:
1. The area requested to be annexed meets all criteria included in Colorado State Law to qualify for
an involuntary annexation to the City of Fort Collins.
2. 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 Intergovernmental Agreement for the Fort
Collins Urban Growth Management Area.
3. The proposed annexation is consistent with the applicable criteria in the Fort Collins Land Use
Code.
4. The requested HC —Harmony Corridor Zoning District is consistent with the City's Structure
Plan.
The Planning and Zoning Board Hearing
The Planning and Zoning Board considered the Harmony Farms Second Addition at its February 19,
2004 Planning and Zoning Board Meeting. The Planning and Zoning Board recommended approval of
the annexation and zoning to the City Council by a vote of 7-0.
RESOLUTION 2004-031
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE HARMONY FARM SECOND ANNEXATION
WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Harmony Farm Second Annexation; and
WHEREAS, following Notice given as required by law, the Council has held a hearing on
said Annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council of the City of Fort Collins hereby finds that the area
proposed to be annexed has been entirely contained within the boundaries of the City for a period
of not less than three (3) years prior to this date.
Section 2. That the Council hereby finds that the requirements of the applicable parts of
Sections 31-12-104 and 31-12-105, C.R.S., have been met.
Section 3. That the Council further finds and determines that an election pursuant to
Sections 31-12-107(2) or 31-12-112(1), C.R.S., is not required.
Section 4. That no additional terms and conditions are to be imposed upon the area
proposed to be annexed.
Section 5. That the Council further finds that notice was given and hearing was held
regarding the annexation in accordance with Sections 31-12-108 and 31-12-109, C.R.S., as
applicable.
Section 6. That the Council concludes that the area proposed to be annexed in the
Harmony Farm Second Annexation is eligible for annexation to the City and should be so annexed.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
2nd day of March, A.D. 2004.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 042, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
HARMONY FARM SECOND ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2004-011, stating the intent of the City of Fort Collins to annex
certain property and initiating annexation proceedings, has heretofore been adopted; and
WHEREAS, the Council of the City of Fort Collins does hereby find and determine that it
is in the best interests of the City to annex said area to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following described property, to wit:
A tract of land situate in the County of Larimer, State of Colorado, to-wit:
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION
4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, LARIMER COUNTY, COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS:
CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 4 AS BEARING SOUTH 1 DEGREE 49 MINUTES 3 SECONDS EAST
WITH ALL BEARINGS HEREIN RELATIVE THERETO;
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 4 THENCE
S 1* 49" 03" E 726.47 FEET ALONG SAID WESTERLY LINE OF THE
NORTHEAST QUARTER TO THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION; CONTINUING, S 1° 49" 03" E 726.47 FEET ALONG SAID
WESTERLY LINE ALSO BEING THE EASTERLY LINE OF THE HARMONY
FARM ANNEXATION TO THE CITY OF FORT COLLINS;THENCE, S 89°46'
03" E 300.00 FEET ALONG THE NORTHERLY LINE OF THE KENDALL-
HARMONY ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 1'
49" 03" W 726.47 FEET ALONG THE WESTERLY LINE OF THE JOHNSON-
HARMONY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N
89° 46' 03" W 300.00 FEET ALONG THE SOUTHERLY LINE OF THE
RICKETT'S SECOND ANNEXATION TO THE CITY OF FORT COLLINS TO
THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;CONTAINING
5.00 ACRES MORE OR LESS.
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Harmony Farm Second Annexation.
Section 2. That, in annexing said property to the City, the City does not 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 hereby annexed except as
may be provided by the ordinances of the City.
Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S.,
to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water
Conservancy District("the Subdistrict"). Upon inclusion into the Subdistrict,said property shall 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.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
March A.D. 2004, and to be presented for final passage on the 16th day of March A.D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 16th day of March, A.D. 2004.
Mayor
ATTEST:
City Clerk
2
ORDINANCE NO. 043, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE HARMONY FARM SECOND ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the
Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes
procedures and criteria for reviewing the zoning of land; and
WHEREAS,in accordance with the foregoing,the Council has considered the zoning of the
property which is the subject of this ordinance,and has determined that the said property should be
zoned as hereafter provided.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section
1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including
the property known as the Harmony Farm Second Annexation to the City of Fort Collins,Colorado,
in the Low Density Mixed Use Neighborhood (LM[N) Zone District, which property is more
particularly described as situate in the County of Latimer, State of Colorado, to wit:
A tract of land situate in the County of Latimer, State of Colorado, to-wit:
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION
4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, LARIMER COUNTY, COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS:
CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 4 AS BEARING SOUTH 1 DEGREE 49 MINUTES 3 SECONDS EAST
WITH ALL BEARINGS HEREIN RELATIVE THERETO;
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 4 THENCE
S 1' 49" 03" E 726.47 FEET ALONG SAID WESTERLY LINE OF THE
NORTHEAST QUARTER TO THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION; CONTINUING, S 1' 49" 03" E 726.47 FEET ALONG SAID
WESTERLY LINE ALSO BEING THE EASTERLY LINE OF THE HARMONY
FARM ANNEXATION TO THE CITY OF FORT COLLINS;THENCE, S 89°46'
03" E 300.00 FEET ALONG THE NORTHERLY LINE OF THE KENDALL-
HARMONY ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 1'
49" 03" W 726.47 FEET ALONG THE WESTERLY LINE OF THE JOHNSON-
HARMONY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N
89' 46' 03" W 300.00 FEET ALONG THE SOUTHERLY LINE OF THE
RICKETT'S SECOND ANNEXATION TO THE CITY OF FORT COLLINS TO
THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING
5.00 ACRES MORE OR LESS.
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land
Use Code of the City of Fort Collins is hereby changed and amended by showing that the above-
described property is not included in the Residential Neighborhood Sign District.
Section 3. That the City Manager is hereby authorized and directed to amend said Zoning
Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
March, A.D. 2004, and to be presented for final passage on the 16th day of March, A.D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 16th day of March, A.D. 2004.
Mayor
ATTEST:
City Clerk
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1/6/04 N
01 -04 Harmony Farm 2nd Annexation & Zoning
Type II (LUC)
1 inch : 600 feet
Project Description
Harmony Farm Second Annexation
This in an involuntary annexation. The area to be annexed is the entirety of an
enclave that has been surrounded by the City of Fort Collins for more than three
years, therefore there is no annexation petition required for this annexation.
In accordance with CRS 31-12-106 Annexation of Enclaves, Partially Surrounded
Land, and Municipally Owned Land, when any unincorporated area is entirely
contained within the boundaries of a municipality, the governing body may
by ordinance annex such territory to the municipality without complying with:
• CRS 31-12-104 Eligibility for Annexation; or
• CRS 31-12-105 Limitations; or
• CRS 31-12-108 Setting Hearing Date; or
• CRS 31-12-109 Hearing,
if said area has been so surrounded for a period of not less than three
years; except that notice of the proposed annexation ordinance shall be given by
publication as provided by section 31-12-108, however for notices of annexation
petitions and resolutions initiating annexation proceedings, no public hearing on
. the proposed annexation ordinance shall be required, and the first publication of
notice shall be at least thirty days prior to the adoption of the ordinance.
It is the intent of the City of Fort Collins to process this annexation with the same
hearing process the City typically uses for annexations, regardless of the City's
ability to shorten that process as allowed by CRS 31-12-106. The only difference
between this involuntary annexation and a typical voluntary annexation will be
that the application does not include a petition for annexation.
4aCommunity Planning and Environmental Services
Current Planning
AAV
City of Fort Collins
December 24, 2003
Frank & Laurel Kubin
4708 Cambridge Avenue
Fort Collins, CO 80528
Dear Mr. & Mrs. Kubin,
This letter is to follow-up on a conversation we had in mid-July about the eventual
annexation of your property at 4708 Cambridge Avenue. If you recall, I had discussed
with you that your property is part of an enclave which has been surrounded by the City
by more than 3 years, and the City would be starting the process of annexing this enclave
soon. I explained to you how the annexation process works, and answered questions you
both had about impacts the annexation would have on your property. There were several
questions that you asked me that I didn't know the answer to, and I promised to find out,
and get back to you on them.
iThe first question was how will your property tax differ as a result of being annexed.
Property taxes are calculated based on a relationship between a property's "assessed
value" (as determined by the County Assessors Office) and the applicable mill levy.
Currently, as your property is under County jurisdiction, the applicable mill levy is
86.754. Upon annexation, your mill levy will be 87.25. According to the Latimer
County web site, your annual property taxes (based on your current mill levy) in 2002
were $2,414.37. If the new mill levy would have applied, your 2002 taxes would have
been $2,428.17, or in other words, your property taxes would have been $13.80 higher in
2002 if your property would have been in the City.
The second question you asked was if electricity would cost more upon annexation. The
cost per kilowatt hour(kWh) will vary based on the level of use, but on average, Poudre
Valley REA charges 7.51 cents per kWh for their electricity, and, on average, the City of
Fort Collins Light and Power charges 6.1 cents per kWh. There is, however a state law
that requires customers newly annexed from REA service territory to pay an additional
25% per kWh for a period of 10 years for a "Service Rights Fee," so this would increase
the Fort Collins cost per kWh to about 7,69 cents. The extra 25% will terminate after 10
years. At this time, the Light and Power Utility is planning rate increases of 5.3% for
2004, and 3.5% for 2005. I don't know if any increases are planned by Poudre Valley
REA. You'll also be required to pay City sales tax on the electric bill, which you don't
currently have to pay to Poudre Valley REA in the County.
0
281 North College Avenue • P.O. Box 580 • Fort Collins,CO 80522-0580 • (970) 221-6750 • FAX(970) 416-2020
The application to annex the enclave will be submitted next week, so you'll probably be
seeing a sign posted somewhere along Cambridge Avenue in the near future. There are 4
hearings that will be held for the annexation proceedings. First, probably in February, the
City Council will conduct a hearing to make a resolution initiating annexation
proceedings. Second, also probably in February, the Planning and Zoning Board will
conduct a hearing to recommend a course of action on the annexation the City Council.
Third, probably in late March, the City Council will conduct the first reading of the
annexation ordinance, and fourth, probably in early April, they will conduct the second
reading. The annexation ordinance will take affect 10 days after second reading. You
will receive a written notification of the Planning and Zoning board hearing only. The
City Council hearing notifications are advertised in the Fort Collins Coloradoan.
I hope this answers the question you had, and lets you know what to expect. If you have
any questions throughout the annexation process, feel free to call me at 221-6750.
Since�y,
roy . Jon C.P.
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