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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/15/2008 - RESOLUTION 2008-037 FINDING SUBSTANTIAL COMPLIANCE ITEM NUMBER: 10 AGENDA ITEM SUMMARY DATE: April 16, 2008 FORT COLLINS CITY COUNCIL STAFF: Shelby Sommer SUBJECT Resolution 2008-037 Finding Substantial Compliance and Initiating Annexation Proceedings for the Fossil Creek Reservoir Open Space Annexation. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY Fossil Creek Reservoir Regional Open Space is located on the south side of Fossil Creek Reservoir and north of Carpenter Road (Highway 392). This Resolution makes a finding that the voluntary petition for annexation for the Fossil Creek Reservoir Open Space substantially complies with the Municipal Annexation Act, determines that a hearing on May 20, 2008 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 reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by State law. 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,the Latimer County and City of Fort Collins Intergovernmental Agreements,the City of Fort Collins Land Use Code, and the Fossil Creek Reservoir Area Plan. There are no issues or known controversies associated with this annexation. Applicants: City of Fort Collins Larimer County Property Owners: City of Fort Collins Latimer County BACKGROUND The City of Fort Collins and Latimer County are joint owners of the Fossil Creek Reservoir Regional Open Space properties. The City of Fort Collins and Latimer County have submitted a written petition requesting annexation of 328.75 acres located on the south side of Fossil Creek Reservoir and north of Carpenter Road(Highway 392). The property is preserved as regional open space and features minimal development including public trails and parking, and maintenance and office facilities associated with the open space program. The proposed zoning for this annexation is POL—Public Open Lands. The surrounding properties are currently zoned T—Transition north April 15, 2008 -2- Item No. 10 of the reservoir; FAl — Farming in Larimer County to the northwest; R — Residential, M -- Multifamily, C —Commercial and T—Tourist in Latimer County to the east; and AP—Airport in Latimer County to the south. The property is located within the Fort Collins Growth Management Area. According to policies and agreements between the City of Fort Collins and Latimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area, the City will agree to consider annexation of property in the UGA when the property is eligible for annexation according to State law. This property gains the required 1/6 contiguity to existing City limits from a common boundary with the Fossil Lake Annexation No. 3 (March, 2002) to the north of the reservoir. Per Colorado Revised Statutes (CRS) 31-12-106 Annexation of Enclaves, Partially Surrounded Land, and Municipally Owned Land,contiguity is not affected by the existence of such reservoir or water body. The Current Planning department hosted a public neighborhood information meeting on Monday, March 10, 2008 to discuss the proposed annexation. No interested parties attended this meeting. Planning and Zoning Board Recommendation: The Planting and Zoning Board will conduct a public hearing on the annexation and zoning request at its regular monthly meeting on April 17,2008,and will make a recommendation at that time. The Board's recommendation will be forwarded to the City Council for First Reading of the annexation and zoning ordinances on May 20, 2008. ATTACHMENTS 1. Vicinity Map 2. 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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby accepts the annexation petition for the Fossil Creek Reservoir Open Space Annexation,more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land located in Sections 15, 16, 17,20,21,and 22 all in Township 6 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows; Considering the north line of the northeast quarter of the said Section 21 as bearing North 86 degrees 38 minutes 47 seconds West between a 3.25" Aluminum Cap monument at the northeast corner of Section 21 and a 3.25" Aluminum Cap monument at the north quarter corner of Section 21,based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said northeast corner of Section 21; THENCE along the east line of the said northeast quarter of Section 21, South 00 degrees 29 minutes 35 seconds West for a distance of 57.23 feet to the south line of that certain tract of land described in a Deed of Dedication recorded July 9, 1992 at Reception NO. 92039354 records of the Clerk and Recorder of the said Larimer County, and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said east line of the northeast quarter, South 00 degrees 29 minutes 35 seconds West for a distance of 0.28 feet to the existing south right of way of Carpenter Road as dedicated by the Plat of Fossil Creek Farm M.L.D. No. 00-51539; THENCE along the said existing south right of way,North 89 degrees 41 minutes 04 seconds East for a distance of 59.91 feet (previously recorded as 60.00 feet) to the west line of that certain tract of land as described in a Deed of Dedication recorded August 13, 1992 at Reception No. 92049221 records of the said Clerk and Recorder; THENCE along the said west line,South 00 degrees 35 minutes 27 seconds West for a distance of 1.36 feet to the south line of the said tract described at Reception No. 92049221; THENCE along the said south line, along a non-tangent curve to the left having a radius of 5790.00 feet a central angle of 01 degrees 10 minutes 55 seconds and an arc length of 119.43 feet,being subtended by a chord of South 89 degrees 37 minutes 47 seconds East for a distance of 119.43 feet; THENCE continuing along the said south line, North 89 degrees 46 minutes 48 seconds East for a distance of 1264.10 feet to the west line of the existing State Highway (I-25) right of way; THENCE along the said State Highway right of way the following three(3)courses and distances, (1) North 81 degrees 14 minutes 44 seconds West for a distance of 170.44 feet; (2)North 00 degrees 08 minutes 51 seconds West for a distance of 35.53 feet; (3)North 89 degrees 41 minutes 04 seconds East for a distance of 51.27 feet; THENCE continuing along the said State Highway right of way, and along the westerly line of that certain tract of land described in a Special Warranty Deed recorded December 28, 2005 at Reception No. 20050110472 records of the said Clerk and Recorder,North 00 degrees 34 minutes 46 seconds East for a distance of 204.22 feet to the southerly line of the Fossil Creek Reservoir as shown on a Survey Plat by James H. Stewart, PLS dated January 29, 1975; THENCE along the said southerly line the following 29 courses and distances, (1) North 61 degrees 32 minutes 14 seconds West for a distance of 437.39 feet; (2)North 45 degrees 29 minutes 14 seconds West for a distance of 490.00 feet; (3)North 56 degrees 50 minutes 14 seconds West for a distance of 405.00 feet; (4)North 4 West for a distance of 355.00 feet to the "e 3 degrees 10 minutes 14 seconds east line of the said Section 16 Township 6 North Range 68 West; (5) along the said east line, North 00 degrees 32 minutes 46 seconds East for a distance of 5.34 feet; (6)North 44 degrees 25 minutes 14 seconds West for a distance of 653.21 feet; (7)North 01 degrees 58 minutes 29 seconds West for a distance of 604.02 feet; (8)North 45 degrees 06 minutes 29 seconds West for a distance of 246.58 feet; (9)North 71 degrees 32 minutes 44 seconds West for a distance of 328.65 feet; (IO)South 63 degrees 24 minutes 46 seconds West for a distance of 195.40 feet; (11)South 77 degrees 28 minutes 01 seconds West for a distance of 301.55 feet; (12)South 67 degrees 12 minutes 31 seconds West for a distance of 373.70 feet; (13)South 89 degrees 10 minutes 46 seconds West for a distance of 382.55 feet; (14)South 09 degrees 11 minutes 31 seconds West for a distance of 430.50 feet; (15)South 86 degrees 38 minutes 31 seconds West for a distance of 601.85 feet; (16)South 71 degrees 48 minutes 01 seconds West for a distance of 205.40 feet; 17 North 76 degrees 24 minutes 29 seconds West for a distance of 243.00 feet; (18)North 65 degrees 11 minutes 44 seconds West for a distance of 374.20 feet; (19)North 56 degrees 57 minutes 59 seconds West for a distance of 369.25 feet; -2- (20)South 33 degrees 40 minutes 46 seconds West for a distance of 405.60 feet; (21)South 87 degrees 20 minutes 16 seconds West for a distance of 384.40 feet; (22)North 69 degrees 58 minutes 44 seconds West for a distance of 407.00 feet; (23)North 62 degrees 09 minutes 59 seconds West for a distance of 284.51 feet; (24)North 80 degrees 25 minutes 14 seconds West for a distance of 137.89 feet (previously recorded as 138.93 feet) to the west line of the said Section 16; (25)along the said west line and continuing along the said southerly line of the Fossil Creek Reservoir, North 00 degrees 31 minutes 41 seconds East for a distance of 19.77 feet (previously recorded as 19.60 feet); (26)North 88 degrees 45 minutes 41 seconds West for a distance of 506.08 feet (previously recorded as 505.00 feet); (27)North 80 degrees 19 minutes 14 seconds West for a distance of 465.00 feet; (28)South 81 degrees 33 minutes 46 seconds West for a distance of 377.00 feet; (29)North 78 degrees 37 minutes 14 seconds West for a distance of 434.00 feet to the westerly line of that certain tract of land as described in a Public Trustee's Deed recorded December 27, 1990 at Reception No. 90060837 records of the said Clerk and Recorder; THENCE leaving the said southerly line of the Fossil Creek Reservoir and along the said westerly line as recorded at Reception No.90060837 and its southerly extension, South 00 degrees 43 minutes 55 seconds West for a distance of 1171.28 feet to the southerly Right of Way of Carpenter Road as described in a Warranty Deed recorded January 27, 1999 at Reception No.99007575 records of the said Clerk and Recorder; THENCE along the said southerly Right of Way, South 49 degrees 04 minutes 18 seconds East for a distance of 1249.46 feet to the said southerly Right of Way of Carpenter Road as shown on the Plat of Fossil Lake PUD First Filing South Property, being a line which is 30.00 feet south of and parallel with the north line of the northeast quarter of the said Section 20; THENCE continuing along the said southerly Right of Way, North 89 degrees 45 minutes 50 seconds East for a distance of 815.95 feet; THENCE continuing along the said southerly Right of Way, being a line which is 3 0.00 feet south of and parallel with the north line of the northwest quarter of the said Section 21, South 86 degrees 41 minutes 40 seconds East for a distance of 2652.67 feet to the west line of that certain tract of land described in a Deed of Dedication recorded July 9, 1992 at Reception NO. 92039354 records of the said Clerk and Recorder; THENCE along the said west line,South 00 degrees 33 minutes 06 seconds West for a distance of 30.04 feet to the south line of the said tract described at Reception NO. 92039354; THENCE along the said south line and along the south line of that certain tract of land described in a Deed of Dedication recorded July 16, 1992 at Reception NO. 92041166 records of the said Clerk and Recorder, South 86 degrees 38 minutes 47 seconds East for a distance of 1811.73 feet to the east line of the said tract described at Reception NO. 92041166; THENCE along the said east line,North 03 degrees 21 minutes 13 seconds East for a distance of 30.00 feet; -3- THENCE continuing along the said south Right of Way line, being a line which is 30.00 feet south of and parallel with the north line of the northeast quarter of the said Section 21, South 86 degrees 38 minutes 47 seconds East for a distance of 215.00 feet to the west line of the said tract described at Reception NO. 92041166; THENCE along the west and south lines of the said tract described at Reception NO. 92041166 the following three (3)courses and distances, (I)South 03 degrees 21 minutes 13 seconds West for a distance of 15.00 feet; (2)South 86 degrees 38 minutes 47 seconds East for a distance of 50.00 feet; (3)South 03 degrees 21 minutes 13 seconds West for a distance of 15.00 feet; THENCE continuing along the said south line and along the said south line of the tract described at Reception No. 92039354,South 86 degrees 38 minutes 47 seconds East for a distance of 393.17 feet; THENCE continuing along the said south line as described at Reception No. 92039354,along a curve to the left having a radius of 5790.00 feet a central angle of 01 degrees 47 minutes 39 seconds and an arc length of 181.30 feet,being subtended by a chord of South 87 degrees 32 minutes 36 seconds East for a distance of 181.29 feet to the Point of Beginning; Containing 326.319 acres more or less. TOGETHER WITH: With the above described basis of bearings; Commencing at the southeast corner of the said Section 16; THENCE along the east line of the said Section 16,as shown on the said Survey Plat of Fossil Creek Reservoir, North 00 degrees 32 minutes 46 seconds East for a distance of 3248.48 to the said southerly line of the Fossil Creek Reservoir, and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said east line of Section 16, North 00 degrees 32 minutes 46 seconds East for a distance of 329.62 to the said southerly line of the Fossil Creek Reservoir; THENCE along the said southerly line the following five (5)courses and distances, (1)North 85 degrees 35 minutes 14 seconds West for a distance of 123.42; (2) South 61 degrees 42 minutes 01 seconds West for a distance of 290.00; (3) South 65 degrees 12 minutes 01 seconds West for a distance of 224.50; (4) South 82 degrees 31 minutes 29 seconds East for a distance of 279.11; (5)South 76 degrees 45 minutes 29 seconds East for a distance of 310.57 to the point of beginning. Containing 2.426 acres more or less. The above described annexation contains a total of 328.745 acres more or less. Section 2. That the Council hereby finds and determines that the annexation petition and accompanying map are in substantial compliance with the Municipal Annexation Act. Section 3. That the Notice attached hereto be 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 -4- 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. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of April A.D. 2008. Mayor ATTEST: City Clerk -5- NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a Resolution initiating annexation proceedings for the Fossil Creek Reservoir Open Space Annexation, said Annexation being more particularly described in said Resolution,a copy of which precedes this Notice. That,on May 20,2008,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 Public Open Lands ("POL") Zone District. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. Dated this 15th day of April, A.D. 2008. City Clerk