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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/07/1999 - ITEMS RELATING TO THE FOSSIL CREEK WETLANDS ANNEXA AGENDA ITEM SUMMARY ITEM NUMBER: 22 A-C DATE: December 7, 1999 • FORT COLLINS CITY COUNCIL STAFF: Troy W. Jones SUBJECT : Items Relating to the Fossil Creek Wetlands Annexation and Zoning. RECOMMENDATION: Staff and the Planning and Zoning Board recommend adoption ofthe Resolution and the Ordinances on First Reading. EXECUTIVE SUMMARY: A. Resolution 99-138 Setting Forth Findings of Fact and Determinations Regarding the Fossil Creek Wetlands Annexation. ` B. First Reading of Ordinance No. 197, 1999, Annexing Property Known as the Fossil Creek Wetlands Annexation to the City of Fort Collins. C. First Reading of Ordinance No. 198. 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Fossil Creek Wetlands Annexation. APPLICANT: The City of Fort Collins OWNER: The Cite of Fort Collins BACKGROUND: Annexation and zoning of approximately 90.43 acres of publicly owned property located south of East Trilby Road and west Timberline Road. The recommended zoning is Public Open Lands (POL). and it is adjacent to a larger piece of Public Open Lands. This is a 100% Voluntary Annexation. The property is located within the Fort Collins Urban Growth Area(UGA). 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 Cite will annex property within the UGA when the property is eligible for annexation according to Colorado Revised Statutes(CRS). This property is eligible for annexation according DATE: December 7, 1999 2 ITEM NUMBED A-C to CRS,requiring 1/6 contiguity to the existing city limits. The Fossil Creek Wetlands Annexation complies with this standard since the property has 4,990.54 feet of its total boundary of approximately 9,858.02 feet contiguous to the existing City limits. This meets the minimum 1,643 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Union Pacific South Fourth Annexation(May 1988), and the Greenstone Annexation (January 1993). The surrounding zoning and land uses as follows: N: FA-1 Farming District in Latimer County — existing agricultural, single family housing (Paragon Estates), S: POL—existing Fossil Creek Wetland Natural Area, E: FA-1 Farming District in Larimer County—existing agricultural, W: POL—existing Union Pacific Railroad tracks,existing Fossil Creek Wetland Natural Area. ZONING AND ANALYSIS: The property is currently zoned FA-1 Farming District in Larimer County. The requested zoning for this annexation is the Public Open Lands District (POL). The City's adopted Structure Plan, a part of City Plan, designates the site as Rural/Open Lands and Stream Corridors. A zoning designation of POL is consistent with the Structure Plan designation of Rural/Open Lands and Stream Corridors. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board conducted a public hearing on the annexation and zoning request at its meeting on October 21, 1999. At that meeting, the Board recommended, by a vote of 7-0, approval of the annexation and of the POL—Public Open Lands Zoning Designation. RESOLUTION 99-138 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE FOSSIL CREEK WETLANDS ANNEXATION WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Fossil Creek Wetlands 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 hereby finds that the petition for annexation complies with the Municipal Annexation Act. Section 2. That the Council hereby finds that there is at least one-sixth(1/6) contiguity between the City and the property proposed to be annexed; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future;and that said property is integrated with or is capable of being integrated with the City. Section 3. That the Council further determines that the applicable parts of said Act have been met, that an election is not required under said Act and that there are no other terms and conditions to be imposed upon said annexation. Section 4. That the Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with said Act. Section 5. That the Council concludes that the area proposed to be annexed in the Fossil Creek Wetlands 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 7th day of December, A.D. 1999. Mayor ATTEST: City Clerk ORDINANCE NO. 197, 1999 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE FOSSIL CREEK WETLANDS ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 99-132, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS,the Council 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 SITUATE IN THE NORTHEAST 1/4 OF SECTION 18.THE . NORTHWEST 1/4 OF SECTION 17 AND THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF L ARIMER,STATE OF COLORADO;CONSIDERING THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 18 AS BEARING N 88 51' 14" E. WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE NORTH 1/4 CORNER OF SAID SECTION 18: THENCE,N 88 5 P 14" E 149.17 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, S O1 08' 46" E 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST TRILBY ROAD,ALSO BEING A POINT ON THE EASTERLY LINE OF THE UNION PACIFIC SOUTH FOURTH ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00 33' 22" E 1833.78 FEET ON AND ALONG THE EASTERLY LINE OF SAID UNION PACIFIC SOUTH FOURTH ANNEXATION TO A POINT OF CURVATURE; THENCE, ALONG A SPIRAL CURVE CONCAVE TO THE EAST WITH DEFINED LINE FROM THE POINT OF CURVATURE TO A POINT OF TANGENCE WHICH BEARS S 01 16' 28" E 186.44 FEET, A LENGTH OF 186.45 FEET, A DELTA ANGLE OF 02 27'00",ALSO BEING ON AND ALONG THE EASTERLY LINE OF SAID UNION PACIFIC SOUTH FOURTH ANNEXATION TO A POINT OF CURVATURE; THENCE, ALONG A TANGENT CURVE CONCAVE TO THE EAST WITH A LENGTH OF 584.41 FEET, A RADIUS OF 2092.01 FEET,A DELTA ANGLE OF 16 00' 21" AND A LONG CHORD WHICH BEARS S 11 12' 16"E 582.52 FEET,ALSO BEING THE EASTERLY LINE OF SAID UNION PACIFIC SOUTH FOURTH ANNEXATION, TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18, ; THENCE, N 89 36' 23" E 2305.90 FEET ON AND ALONG THE SOUTH LINE OF THE NORTHEAST 114 OF SAID SECTION 18,ALSO BEING THE NORTHERLY LINE OF THE GREENSTONE ANNEXATION TO THE CITY OF FORT COLLINS, TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH TIMBERLINE ROAD;THENCE,CONTINUING N 89 36'23" E 50.00 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 18, ALSO BEING THE NORTHERLY LINE OF SAID GREENSTONE ANNEXATION;THENCE,N 89 35' 14" E 30.00 FEET ON AND ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 17, ALSO BEING THE NORTHERLY LINE OF THE GREENSTONE ANNEXATION; THENCE, N 00 01' 35" W 1084.61 FEET ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TIMBERLINE ROAD;THENCE, S 89 35' 14" W 30.00 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18; THENCE, S 89 58' 25" W 50.00 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TIMBERLINE ROAD; THENCE,N 85 01' 14" W 784.30 FEET ON AND ALONG THE SOUTHERLY BOUNDARY LINE OF PARAGON ESTATES P.U.D. A SUBDIVISION IN LARIMER COUNTY;THENCE,N 65 39' 59" W 80.00 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.; THENCE,N 85 01' 14" W 218.83 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.;THENCE,N 59 29'41" W 610.10 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.;THENCE,N 83 14'07"W 236.10 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.; THENCE, N 02 10'14" W 1045.07 FEET ON AND ALONG THE WESTERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID EAST TRILBY ROAD;THENCE,N 01 08'46" W 30.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18; THENCE, N 01 08' 46" W 50.00 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID EAST TRILBY ROAD; THENCE, S 88 51' 14" W 568.40 FEET ON AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID EAST TIMBERLINE ROAD; THENCE, S O1 08' 46" E 50.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF SAID SECTION 18.THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 90.43 ACRES MORE OR LESS. be,and hereby is,annexed to the City of Fort Collins and made a part of said City,to be known as the Fossil Creek Wetlands Annexation. 2 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 37-45-116(1.6),C.R.S.,to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 7th day of December, A.D. 1999, and to be presented for final passage on the 4th day of January, A.D. 2000. Mayor ATTEST: City Clerk . Passed and adopted on final reading this 4th day of January, A.D. 2000. Mayor ATTEST: City Clerk 3 . ORDINANCE NO. 198, 1999 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 FOSSIL CREEK WETLANDS 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 2.8 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 be, and the same hereby is, changed and amended by including the property known as the Fossil Creek Wetlands Annexation to the City of Fort Collins. Colorado, in the Public Open Lands (POL) 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 LARIMER, STATE OF COLORADO, TO-WIT: A TRACT OF LAND SITUATE IN THE NORTHEAST 1/4 OF SECTION 18.THE NORTHWEST 1/4 OF SECTION 17 AND THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF LARIMER,STATE OF COLORADO;CONSIDERING THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 18 AS BEARING N 88 51' 14" E, WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE NORTH 1/4 CORNER OF SAID SECTION 18: THENCE,N 88 51' 14" E 149.17 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION: THENCE, S 01 08' 46" E 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST TRILBY ROAD. ALSO BEING A POINT ON THE EASTERLY LINE OF THE UNION PACIFIC SOUTH FOURTH ANNEXATION TO THE CITY OF FORT COLLINS: THENCE, S 00 33' 22" E 1833.78 FEET ON AND ALONG THE EASTERLY LINE OF SAID UNION PACIFIC SOUTH FOURTH ANNEXATION TO A POINT OF CURVATURE; THENCE, ALONG A SPIRAL CURVE CONCAVE TO THE EAST WITH DEFINED LINE FROM THE POINT OF CURVATURE TO A POINT OF TANGENCE WHICH BEARS S 01 16 28" E 186.44 FEET, A LENGTH OF 186.45 FEET, A DELTA ANGLE OF 02 27'00",ALSO BEING ON AND ALONG THE EASTERLY LINE OF SAID UNION PACIFIC SOUTH FOURTH ANNEXATION TO A POINT OF CURVATURE; THENCE, ALONG A TANGENT CURVE CONCAVE TO THE EAST WITH A LENGTH OF 584.41 FEET, A RADIUS OF 2092.01 FEET,A DELTA ANGLE OF 16 00' 21" AND A LONG CHORD WHICH BEARS S 11 12' 16"E 582.52 FEET,ALSO BEING THE EASTERLY LINE OF SAID UNION PACIFIC SOUTH FOURTH ANNEXATION, TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18, ; THENCE,N 89 36' 23" E 2305.90 FEET ON AND ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18,ALSO BEING THE NORTHERLY LINE OF THE GREENSTONE ANNEXATION TO THE CITY OF FORT COLLINS, TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH TIMBERLINE ROAD;THENCE,CONTINUING N 89 36'23"E 50.00 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 18, ALSO BEING THE NORTHERLY LINE OF SAID GREENSTONE ANNEXATION; THENCE,N 89 35' 14" E 30.00 FEET ON AND ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 17, ALSO BEING THE NORTHERLY LINE OF THE GREENSTONE ANNEXATION; THENCE, N 00 01' 35" W 1084.61 FEET ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TIMBERLINE ROAD; THENCE, S 89 35' 14" W 30.00 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18; THENCE, S 89 58' 25" W 50.00 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TIMBERLINE ROAD; THENCE,N 85 01' 14" W 784.30 FEET ON AND ALONG THE SOUTHERLY BOUNDARY LINE OF PARAGON ESTATES bP.U.D. A SUBDIVISION IN LARIMER COUNTY; THENCE,N 65 39' 59" W 80.00 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.; THENCE,N 85 Ol' 14" W 218.83 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.;THENCE,N 59 29'41"W 610.10 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.;THENCE,N 83 14'07"W 236.10 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.; THENCE, N 02 10'14" W 1045.07 FEET ON AND ALONG THE WESTERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.TO A POINT OF INTERSECTION WITHTHE SOUTHERLY RIGHT-OF-WAY LINE OF SAID EAST TRILBY ROAD.THENCE,N 01 08'46" W 30.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18; THENCE, N 01 08' 46" W 50.00 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID EAST TRILBY ROAD; THENCE, S 88 51' 14" W 568.40 FEET ON AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID EAST TIMBERLINE ROAD; THENCE, S O1 08' 46" E 50.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF SAID SECTION 18,THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 90.43 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 be,and the same hereby is,changed and amended by showing that the above-described property is included in the Residential Neighborhood Sign District. Section 3. That the City Engineer 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 7th day of December, A.D. 1999, and to be presented for final passage on the 4th day of January, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of January. A.D. 2000. Mayor ATTEST: City Clerk Exhibit "A„ - THE SEAR-BROWN GROUP FULLe SE WCE DESIGN PROFESSIONALS FORMEW R6D,INC. 209 SOUTH A(=RUM FORT COWNS.COIARADO 5e921.2= 97048"m FAL 970.DeYb9is ••. • . DESCRIPTION(DEDICATION EXTENSION) A tract of land to be dedicated as a right of way,being a portion of Tract"C'of FOSSIL CREEK MEADOWS lm FILING on file at the Office of the Clack and Recorder, Lorimer County. Colorado,located in the Southwest Quarter of Section 1,Township 6 North,Range 69 West of the a Principal Meridian,City ofFort COlHoS,County of Lar ,tner,State of Colorado being more particularly described as follows: Considering the North line of MIRAMONT VALLEY P.UD.,on file at the Office of the Cledt and Recorder,Larimer County,Colorado,as bearing South 89913'30"East and with all bearings contained herein relative thereto: Commencing at the Northwest c==of said MM"ONT VALLEY P.U.D.;thence, South 0002623"West,along the West line of saidMIRAMONT VALLEY P.U.D.-and the East lice of said Southwest Quarter, 93.85 feet to a point on the East right-cf-way line of Mail Crc*Lane of said FOSSIL CREEK MEADOWS lsT FUINC;,said point being the PO]NT OF BEGINNING;thence.continuing along said East line,South 00"26'23" West, 9.32 feel,thence,South 00°26'23"West,54.16 feet;thence departing said East Line,North 8500T 59"West,3.55 feet to a point on the East light-of-way line of said Mail Creek Lane,said point also being on a non�tmgcat cuvc concave to the Northwest having a central angle of 06°21'15",a radius of 575.67 feet and the chord of which bears North 03*36159"East,63-81 feet;thence along said East right-of-way line and the ato of said curve 63.94 feel to the Point of Beginning. The above described dedications contains 0.002 acres(76 square feet)more or less and is subject to all easements and rights-of-way now on record or cxis� 7uae 17, 1999 Ded2.doc NEW YORK-PENNMVAN1A COI.ORADO•UTAH STANDARDS IN ZXCESLENCE EQUAL OPPDRIUNIN EMPLOYER SEAR-BROWN EXHIBIT MEDICATION) A TRACT OF LAND LOCATED IN THE SOUTHWEST 1/4 0 Pac. Nw COR. OF SECTION 1, TOWNSHIP 8 NORTH, RANGE So WEST OF MIRAMONT THE BTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS. VALLEY P.U.D. NORTH LINE OF MIRAMONT VALLEY P.U.D. COUNTY OF LARIMER. STATE OF COLORADO. ' ST T CAP (BASIS OF BEARINGS - S 09'1SW E) 04 RE z 5P.O.0 1POWT OF "VE Iy m Of EXISTING RIGHT-OF-WAY LINE OF MAL ORE@K LANE! N N 5 cOO+ OQ W Y CA7 LINE TABLE SCALE' r - 20' J 9 DED-2 N 7$ sq.ft. LINE LENGTH BEARING c o� PROPOSED RIGHT—OF—WAY u 6,e2 g 0.002 OCres yrarw ROMA VALLEY DRIVE LE 5416 3.55 es S Le saes to c ��4 LCURVE TABLE L ' CURS O 116 Y795' Se7 NOT36 56'E CHGROi LEN, GTH w r WEST LINE OF MIRAMONT VALLEY P.U.D. ANO EAST LINE OF THE SW 1/4 OF SEC 1-6-69 I OPEN AREA TRACT 'C' FOSSIL CREEEK MEADOWS 1ST FILING AM la, 1999 JAA ' o 0 Harmony Road a� CD j 4 y U � Trilby Road (not ft v � • ! • OUT `-s I OUT i p d j I i POL ENEE' mommEMENEEME III •i ! i VICINITY MAP 07/15/99 #13-99 Fossil Creek Wetlands Natural Area Annexation & Zoning 1"=600' I ti i I � OUT I UT V ® d -- -- OUT �) I � .a i OUT 51�1 POL µ 7 is G= I VICINITY MAP 07/16/99 #13-99 Fossil Creek Wetlands Natural Area Annexation & Zoning q 1"=1000' ITEM NO. 6 MEETING DATE 10/21/99 STAFF Troy Jones Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Fossil Creek Wetlands Annexation & Zoning, File # 13-99 APPLICANT: City of Fort Collins OWNERS: City of Fort Collins PROJECT DESCRIPTION: Annexation and zoning of approximately 90.43 acres of publicly owned property located south of East Trilby Road and west Timberline Road. The recommended zoning is Public Open Lands (POL), and it is adjacent to a larger piece of Public Open Lands. RECOMMENDATION: Staff recommends approval of the annexation and recommends that the property be placed in the Public Open Lands District (POL). EXECUTIVE SUMMARY: 1. 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 Area. 2. The area meets all criteria included in Colorado Revised Statutes to qualify for a voluntary annexation to the City of Fort Collins. 3. The requested Public Open Lands (POL) is in conformance with the policies of City Plan and is consistent with the Structure Plan. COMMENTS: 1. Background: The property is located within the Fort Collins Urban Growth Area (UGA). 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 annex property within the UGA when the property is eligible for annexation according to Colorado Revised Statutes (CRS). This property is eligible for annexation according to CRS, requiring 1/6 contiguity to the existing city limits. The Fossil Creek Wetlands Annexation and Zoning complies with this standard since the property has 4,990.54 feet of its total boundary of approximately 9,858.02 feet contiguous to the existing City limits. This meets the minimum 1,643 feet required to achieve 1/6 contiguity. This COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N.College Ave. EO.Box 580 Fort Collins.CO 90522-0580 (970)221-6750 PL4NNSNG DEPARTMENT Fossil Creek Wetlands Annexation & Zoning, File # 13-99 October 21, 1999 P & Z Meeting Page 2 contiguity occurs through a common boundary with the Union Pacific South Fourth Annexation (May 1988), and the Greenstone Annexation (January 1993). The surrounding zoning and land uses as follows: N: FA-1 Farming District in Larimer County—existing agricultural, single family housing (Paragon Estates), S: POL — existing Fossil Creek Wetland Natural Area, E: FA-1 Farming District in Larimer County—existing agricultural, W: POL — existing Union Pacific Railroad tracks, existing Fossil Creek Wetland Natural Area. 2. Zoning and Analysis: The property is currently zoned FA-1 Farming District in Larimer County. The requested zoning for this annexation is the Public Open Lands District (POL). The City's adopted Structure Plan, a part of City Plan, designates the site as Rural/Open Lands and Stream Corridors. A zoning designation of POL is consistent with the Structure Plan designation of Rural/Open Lands and Stream Corridors. 3. City Council Hearings: City Council hearings on this proposed annexation and zoning will be held on the following dates: Initiating Resolution November 2, 1999 First Reading December 7, 1999 Second Reading December 21, 1999 FINDINGS OF FACT/CONCLUSION: 1. 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 Interoovemmental Agreement for the Fort Collins Urban Growth Area. 2. The area meets all criteria included in Colorado Revised Statutes to qualify for a voluntary annexation to the City of Fort Collins. 3. The requested Public Open Lands (POL) is in conformance with the policies of City Plan and is consistent with the Structure Plan. Fossil Creek Wetlands Annexation & Zoning, File # 13-99 October 21, 1999 P & Z Meeting Page 3 RECOMMENDATION: Staff recommends that the Planning and Zoning Board forward a recommendation to the City Council to approve the Fossil Creek Wetlands Annexation with a zoning designation of Public Open Lands (POL). Statement of Principles and Policies and Consistency with the City Structure Plan Forthe Fossil Creek Annexation and Zoning August 5, 1999 The following principles and related policies are extracted from"City Plan:Fort Collins,Colorado Comprehensive Plan,"and are reiterated to show the conformance of this petition for annexation with the city's documented intentions. PRINCIPLE NOL-2: Open lands are important in providing the city with a well-defined edge, establishing community separators,directing growth, and preserving rural character. Policy NOL-2.1 Conservation Tools. The City will purchase open lands and/or development rights and use conservation easements and other such tools, for the purpose of defining community edges. Such open lands include areas for passive or limited recreation for non-athletic purposes,agricultural land,and natural areas. PRINCIPLE GM-2: The City will consider the annexation of new territory into the City limits when the annexation of such property conforms to the vision,goals,and policies of City Plan. Policy GM-2.1 Annexation Policies. The City Council will weigh the following factors when considering the annexation of new land into the incorporated limits: • Statutory requirements. The property must meetall statutory requirements for annexation according to the laws of the State of Colorado. • Property to be annexed located within the Community Growth Management Area. The property must be currently located within the Community Growth Management Area boundary,or the boundary must be amended by actions of the City(and County, if necessary) before the City approves the proposed annexation PETITION FOR ANNEXATION COPY . THE L.NDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the Council of the City of Fort Collins, Colorado for the annexation of an area, to be referred to as the Fossil Creek Wetlands Annexation to the City of Fort Collins. Said area, consisting of approximately 90.43 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 For, 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 properry 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, Petitioners consent to the inclusion into the Municipal Subdistrict, Northern Colorado Water Conservancy District (the "Subdistrict") pursuant to §37-15-136(3.6) C.R-S., Petitioners acknowledge that, upon inclusion into the Subdistrict. Petitioners' 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 Petitioners' lands. Petitioners agree 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. Petitioners also agree to waive, upon inclusion, any right which may exist to a refund pursuant to Article X §20 of the Colorado Constitution. WHEREFORE. said Petitioners request that the Council of the City of Fort Collins approve the annexation of the area described on Attachment "A". Furthermore, the Petitioners request that said area be placed in the POL - Public Open Lands Zone District pursuant to the Land Use Code of the City of Fort Collins. (Check box if applicable.) The Petitioners reserve the right to withdraw this petition and their signatures 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. Individual Petitioners signing this Petition represent that they own the portion(s) of the area described on Attachment"A" as more particularly described below: A tract of land situate in the County of Larimer, State of Colorado, to-wit: See Legal Description on Attachment"A." IN WITNESS WHEREOF, I/we have executed this Petition for Annexation this day of 199�_. Ciry of Fort Collins. Colorado A Municipal Corporation•n^ n By: Q� '+• Lj' John F. FisFhbach, City Manager City of Fort Collins. Colorado P.O. Box 580 Fort Collins, CO 80522-0580 2 ATTACHMENT "A" LEGAL DESCRIPTION FOR FOSSIL CREEK WETLANDS NATURAL AREA ANNNEXATION 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 18, THE NORTHWEST 1/4 OF SECTION 17 AND THE SOUTHEAST 114 OF SECTION 7,TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDLAN, COUNTY OF LARIMER, STATE OF COLOR-ADO; CONSIDERING THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 18 AS BEARING N 88 51' 14" E, WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE NORTH 1/4 CORNER OF SAID SECTION 18: THENCE,N 88 5 P 14" E 149.17 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, S 01 08' 46" E 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST TRILBY ROAD, ALSO BEING A POINT ON THE EASTERLY LINE OF THE UNION PACIFIC SOUTH FOURTH ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00 33' 22" E 1833.78 FEET ON AND ALONG THE EASTERLY LINE OF SAID UNION PACIFIC SOUTH FOURTH ANNEXATION TO A POINT OF CURVATURE; THENCE, ALONG A SPIRAL CURVE CONCAVE TO THE EAST WITH DEFINED LINE FROM THE POINT OF CURVATURE TO A POINT OF TANGENCE WHICH BEARS S 01 16' 28" E 186.44 FEET, A LENGTH OF 186.45 FEET, A DELTA ANGLE OF 02 27' 00", ALSO BEING ON AND ALONG THE EASTERLY LINE OF SAID UNION PACIFIC SOUTH FOURTH AN "EXATION TO A POINT OF CURVATURE; THENCE, ALONG A TANGENT CURVE CONCAVE TO THE EAST WITH A LENGTH OF 584.41 FEET, A RADIUS OF 2092.01 FEET, A DELTA ANGLE OF 16 00' 21" AND A LONG CHORD WHICH BEARS S 11 12' 16" E 582.52 FEET,ALSO BEING THE EASTERLY LINE OF SAID UNION PACIFIC SOUTH FOURTH ANN`E ATION, TO A POINT OF INTERSECTION WTIT? THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18, ; THENCE,N 89 36 23" E 2305.90 FEET ON AND ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18, ALSO BEING THE NORTHERLY LINE OF THE GREENSTONE ANNEXATION TO THE CITY OF FORT COLLINS, TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH TIMBERLINE ROAD; THENCE, CONTINUING N 89 36 23" E 50.00 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 18, ALSO BEING THE NORTHERLY LINE OF SAID GREENSTONE ANNEXATION; THENCE, N 89 35' 14" E 30.00 FEET ON AND ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 17, ALSO BEING THE NORTHERLY LINE OF THE GREENSTONTE ANNEXATION; THENCE, N 00 01' 35" W 1084.61 FEET ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TIMBERLINE ROAD; THENCE, S 89 35' 14" W 30.00 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18; THENCE, S 89 58' 25" W 50.00 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TIMBERLINE ROAD; THENCE, N 85 01' 14" W 784.30 FEET ON AND ALONG THE SOUTHERLY BOUNDARY LINE OF PARAGON ESTATES P.U.D. A SUBDIVISION IN L.ARvfEER COUNTY; THENCE. N 65 39' 59" W 80.00 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.; THENCE, N 85 01' 14" W 218.83 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.; THENCE, N 59 29'41" W 6 10.10 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.; THENCE,N 83 14' 07" _ W 236.10 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.; THENCE,N 02 10'14" W 1045.07 FEET ON AND ALONG THE WESTERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D. TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID EAST TRILBY ROAD; THENCE,N 01 08' 46" W 30.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18; THENCE,N 01 08' 46" W 50.00 FEET TO A POINT OF -LNITERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID EAST TRILBY ROAD;THENCE, S 88 51' 14" W 568.40 FEET ON AND ALONG THE NORTHERLY RIGHT-OF- WAY LINE OF SAID EAST TIMBERLINE ROAD; THENCE, S 01 08' 46" E 50.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF SAID SECTION 18, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 90.43 ACRES MORE OR LESS. • ATTACHMENT 'B" 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. Troy J es, City fanner • Subscribed and sworn to before me this day of 1991 by Ts� ION•Q,S , I WITNESS my hand and official seal. • L �G^ommission Expiration GEORGIANA J. N ary, 11blic DEINES • ATTACHMENT "C" nn ATTORNEY CERTIFICATION I, Lit) , `, a c. i2ck<m,4 r.J , 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 this Annexation Petition for the area referred to as the_f as ,e C2Fsu Annexation to the City of Fort Collins 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, as said area is described on a Attachment "A" of said Annexation Petition, and own more than 50% of the land in said area, exclusive of streets and alleys. Date Signature Attorney Reg. No.