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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/16/2008 - ITEMS RELATING TO THE ANNEXATION OF THE EAGLE VIEW n ITEM NUMBER: 14 A-B AGENDA ITEM SUMMARY DATE: September 16, 2008 FORT COLLINS CITY COUNCIL STAFF: Ken Waido Shelby Sommer SUBJECT Items Relating to the Annexation of the Eagle View Natural Area. RECOMMENDATION Staff recommends adoption of the Resolutions. EXECUTIVE SUMMARY A. Resolution 2008-083 Finding Substantial Compliance and Initiating Annexation Proceedings for the Eagle View Natural Area First Annexation. B. Resolution 2008-084 Finding Substantial Compliance and Initiating Annexation Proceedings for the Eagle View Natural Area Second Annexation. The proposed Resolutions make findings that the voluntary petitions for annexation for the Eagle View Natural Area First Annexation and the Eagle View Natural Area Second Annexation substantially comply with the Municipal Annexation Act, determine that a hearing should be established regarding the annexations,and directs that notices be given of the hearings.The hearings will be held at the time of first readings of the annexation and zoning ordinances, scheduled for October 21, 2008. Not less than thirty days of prior notice is required by State law. These annexation requests are in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan (City Plan), the Larimer 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 these annexations. BACKGROUND Applicant: City of Fort Collins Property Owner: City of Fort Collins The City of Fort Collins acquired the property known as the Eagle View Natural Area, containing a total of approximately 86 acres,in October 2002,and would like to annex the property into the city limits. Due to the size of the property and the limited amount of contiguity to the existing city limits, the property is being annexed via two annexations, the Eagle View Natural Area First Annexation (containing 71.7 acres) and the Eagle View Natural Area Second Annexation T September 16, 2008 -2- Item No. 14 A-B (containing 19.1 acres). The two annexations encompass an area slightly larger than the 86 acre natural area, or a total of about 90.8 acres, due to the inclusion of adjacent County road rights-of- way. The City of Fort Collins has submitted two written petitions; the first requests annexation of 71.7 acres, known as the Eagle View Natural Area First Annexation, and the second requests annexation of 19.1 acres, known as the Eagle View Natural Area Second Annexation. The Eagle View Natural Area is located south Kechter Road, one-quarter mile west of I-25, and north Fossil Creek Reservoir. As indicated,the property is preserved as a City-owned natural area and,thus,the proposed zoning for the annexations is the POL—Public Open Lands District. The existing land uses and zoning of surrounding properties are as follows: N: County- FA-1 Farming, undeveloped E: County - C, Commercial, boat sales; and FA-1 Fanning, undeveloped S: Fossil Creek Reservoir W: City-LMN,Low Density Mixed Use Neighborhood, residential development; and County -FA-1 Fanning, undeveloped The natural area property is located totally within the Fort Collins Growth Management Area (GMA).According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area,the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The Eagle View Natural Area First Annexation parcel gains its required 1/6 contiguity to existing City limits from a common boundary with the McCelland's Creek PD &PLD Second Filing Annexation(September 2007)to the west of the parcel. The Eagle View Natural Area Second Annexation parcel gains its required 1/6 contiguity to existing City limits from a common boundary with the Eagle View Natural Area First Annexation to the north of the parcel The two parcels are being annexed concurrently which is permitted by the State of Colorado Revised Statutes as they relate to annexations. Planning and Zoning Board Recommendation: The Planning and Zoning Board will conduct a public hearing on the annexations and zoning requests at its regular monthly meeting on October 16, 2008, and will make its recommendations at that time. The Board's recommendations will be forwarded to the City Council in time for First Readings of the annexation and zoning ordinances, scheduled for October 21, 2008. BACKGROUND 1. Eagle View Natural Area First Annexation Location map. 2. Eagle View Natural Area Second Annexation Location map. 3. City Plan, Structure Plan map. 4. Proposed Zoning map. ATTACHMENT 1 # 29 = 08 Eagle View Natural Area First Annexation & Zoning VIM �V L. C i Kechter Rd r � I i i i SITE N A - - 1 inch equals 600 feet Fos sli ' Creek+ Reservoir Legend City of ® 1st Annexation Fort Collins Advance Water Features Planning City Limits September 3, 2008 ATTACHMENT 2 # 30 = 08 Eagle View Natural Area Second Annexation & Zoning N LW in Kechter Rd Eagle View Natural Area 1st Annexation - ----- i i I SITE N 1 inch equals 600 feet �-` Fossil (Creek� Reser�o � r r - - Legend City}of ® 2ndAnnexation Fort CollinsI �- Advance O City Limits Planning Water Features September 3, 2008 ATTACHMENT 3 City of Fort Collins Structure Plan # 29 - 08 and 30 - 08 Ea le View Natural Area Annexations NGLISH RANCH PARK OLF COURSE L � .L (D �..1 Timnath E O WS PA F' N Harmony r - HARMONY PARK -•t '"��- � _ ti • - Fort Collins - ARK • Kechter- Rd Timnath - "j STAL ' ARK � �, G.. � Windsor ' Separator �� ! Annexation - '• - .._ ..- - •-••. SitesZ7R = t ' tea ap Fossil Creek Reservoir 01mvee See* . •-•• Windsor S H PP392 N Legend see City of .Q City Limits Structure Plan Rural Lands Fort c Railroad Commercial Corridor District Community Separator F"�t'� Collins Advance Boundaries dr Employment District Open Lands , Parks and Stream Corridors Planning Fort Collins GMA Urban Estate Poudre River Timnath Low Density Mixed-Use Neighborhoods Adjacent Planning Areas Windsor Medium Density Mixed-Use Neighborhoods Water Features September 3, 2008 A r • � � r r r r • = . :_ �r�r t.-. . O: . �� iii......� :�...... �i �_ �� - ■ ,� .. Qi4� i • - :p i \luuua n'•rI"tllll� � at1 =- r , . -!^- .tUrllr.plrrr11I1//� .'. .•tale L i I - N 6 r,n. uur : oru.o••' tuarurO /rlu /•• tunurl ■ . , ' 1� I`11�7 VVI . iI un•••gr _ rya II. .t• Ilo s- Mill iii 1 ry ia..* ' ta �, •••� '•a ' • m rig: ,♦.: �. Lul. .. - ,o►� �0. 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I• ,r � .- .Ime 'I/Ii� •/ •py / Q •i0 at1111 t•� pua �� : `� I Itwesi i ♦ li • al : waa hC Jose �oolqls;flog; lilt % of 91M VON 15168, OFF W�MwMRS 40 ff�'� 1 - M OrS r �>r• � , ��... •• �� •� iii Jr Room — VIA =nommonommo �1•_ t � � g ' ••' 1111111 N-M MEWL Sam IN 4y Mem Fee mor Now �' " ' • • i RESOLUTION 2008-083 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE EAGLE VIEW FIRST ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, was heretofore filed with the City Clerk requesting the annexation of certain property to be known as the Eagle View First Annexation; and WHEREAS,the City Council desires to initiate annexation proceedings in accordance with law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby accepts the annexation petition for the Eagle View First Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land located in the Southwest Quarter of Section 3, in the West Half Section 10, and in the East Half of Section 9, all in Township 6 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows: Considering the west line of the Northwest Quarter of the said Section 10 as bearing South 00 degrees 07 minutes 56 seconds West between a 2.5" Aluminum Cap monument PLS 17497 at the Northwest corner of Section 10 and a 2.5" Aluminum Cap monument PLS 14823 at the West quarter corner of Section 10,based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto: Commencing at the said Northwest corner of Section 10; THENCE North 40 degrees 33 minutes 05 seconds East for a distance of 51.93 feet to the northeast corner of the McClelland's Creek PD & PLD Second Filing Annexation to the City of Fort Collins, and to the TRUE POINT OF BEGINNING of this description; THENCE along the existing north right of way(40.00 feet)of Kechter Road as shown on the Amended Plat of Lot 1 Of The Buderus MRD No. S-90-87,And Tract`A' Of The Alexander B. Grant Exemption, a plat recorded at Reception No. 89012294 records of the Clerk and Recorder of Larimer County, South 89 degrees 04 minutes 36 seconds East for a distance of 503.88 feet,to the east line of the said Plat; i THENCE along the said east line, South 09 degrees 16 minutes 36 seconds East for a distance of 10.16 feet to the existing north right of way(30.00 feet)ofKechter Road; THENCE along the said north right of way,South 89 degrees 04 minutes 36 seconds East for a distance of 30.12 feet; THENCE South 00 degrees 55 minutes 24 seconds West for a distance of 30.00 feet to the north line of the said Section 10 and to the northwesterly extension the easterly line of Lot 2 of the Brown MLD S-60-89 recorded March 28, 1990 at Reception No. 90012796 records of the said Clerk and Recorder; THENCE along the said extended line and along the easterly line of the said Lot 2 the following six (6) courses and distances, (1) South 63 degrees 05 minutes 40 seconds East for a distance of 200.96 feet; (2)South 16 degrees 40 minutes 08 seconds East for a distance of 52.29 feet; (3)South 03 degrees 17 minutes 20 seconds East for a distance of 94.74 feet; (4)South 01 degrees 03 minutes 42 seconds East for a distance of 194.99 feet; (5)South 00 degrees 21 minutes 56 seconds East for a distance of 367.71 feet; (6)South 89 degrees 04 minutes 36 seconds East for a distance of 542.00 feet; THENCE continuing along the said easterly line of Lot 2 and its southerly extension, South 00 degrees 17 minutes 56 seconds West for a distance of 1898.84 feet to the south right of way of County Road No. 34E as shown on the Brown MRD S-1-91 recorded August 2, 1991 at Reception No. 91035864 records of the said Clerk and Recorder; THENCE along the said south right of way, along a non-tangent curve to the left having a radius of 115.00 feet a central angle of 08 degrees 58 minutes 40 seconds, an arc length of 18.02 feet, being subtended by a chord of North 84 degrees 40 minutes 14 seconds West for a distance of 18.00 feet; THENCE continuing along the said south right of way,North 89 degrees 09 minutes 34 seconds West for a distance of 1175.43 feet to the west line of the said Brown MRD S-1-91; THENCE along the northerly extension of the said Brown MRD S-1-91, North 01 degrees 11 minutes 56 seconds West for a distance of 7.08 feet to the existing south right of way(30.00 feet) of County Road 34E as shown on the said Brown MLD S- 60-89; THENCE along the said south right of way,North 89 degrees 25 minutes 41 seconds West for a distance of 149.31 feet to the westerly right of way of Strauss Cabin Road as shown on the said Brown MLD S-60-89; THENCE along the said westerly right of way, North 00 degrees 07 minutes 56 seconds East for a distance of 1372.38 feet to the southerly line of the said McClelland's Creek PD & PLD Second Filing Annexation; THENCE along the said southerly line,South 88 degrees 09 minutes 32 seconds East for a distance of 60.03 feet to the easterly line of the said McClelland's Creek PD & PLD Second Filing Annexation; THENCE along the said easterly line,North 00 degrees 07 minutes 56 seconds East for a distance of 1286.58 feet; THENCE continuing along the said easterly line, North 03 degrees 08 minutes 16 seconds East for a distance of 70.05 feet to the point of beginning. -2- i The above described tract contains 71.684 acres more or less. Section 2. That the City 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 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 held this 16th day of September, A.D. 2008. Mayor ATTEST: City Clerk -3- i 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 Eagle View First Annexation,said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on October 21,2008, 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 16th day of September, A.D. 2008. City Clerk i RESOLUTION 2008-084 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE EAGLE VIEW SECOND ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, was heretofore filed with the City Clerk requesting the annexation of certain property to be known as the Eagle View Second Annexation; and WHEREAS,the City Council desires to initiate annexation proceedings in accordance with law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby accepts the annexation petition for the Eagle View Second Annexation,more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land located in the West Half Section 10, Township 6 North, Range 68 West of the Sixth Principal Meridian,Larimer County,Colorado,the said tract is also all of Lot 1 Brown MRD 5-1-91, more particularly described as follows: Considering the north line of the Northwest Quarter of the Southwest Quarter of the said Section 10 as bearing South 89 degrees 25 minutes 41 seconds East between a 2.5"Aluminum Cap monument PLS 14823 at the West Quarter corner of Section 10 and a 2.5"Aluminum Cap monument PLS 12374 at the Northeast corner of the said Northwest Quarter of the Southwest Quarter of Section 10, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto: Commencing at the said West Quarter corner of Section 10; THENCE along the said north line of the Northwest Quarter of the Southwest Quarter of Section 10, South 89 degrees 25 minutes 41 seconds East for a distance of 118.61 feet to the northerly extension of the west line of the said Lot 1 Brown MRD S-1-91; THENCE along the said extended line,South Ol degrees 11 minutes 56 seconds East for a distance of 37.09 feet to the south line of the Eagle View Natural Area First Annexation and to the northwest corner of the said Lot 1 and to the TRUE POINT OF BEGINNING of this description; THENCE along the said south line of the Eagle View Natural Area First Annexation, and along the north line of the said Lot 1, South 89 degrees 09 minutes 34 seconds East for a distance of 1175.43 feet; THENCE continuing along the said south line,through its terminus, and continuing along the said north line of Lot 1,along a curve to the right having a radius of 115.00 feet a central angle of 31 degrees 50 minutes 09 seconds and an arc length of 63.90 feet,being subtended by a chord of South 73 degrees 14 minutes 29 seconds East for a distance of 63.08 feet to the east line of the said Lot 1; THENCE along the said east line, non-tangent from the previous curve, South 00 degrees 37 minutes 27 seconds West for a distance of 618.24 feet to the south line of the said Lot 1; THENCE along the said south line, South 69 degrees 16 minutes 14 seconds West for a distance of 110.96 feet; THENCE continuing along the said south line, North 89 degrees 37 minutes 16 seconds West for a distance of 1110.87 feet to the said west line of Lot 1; THENCE along the said west line,North 01 degrees 11 minutes 56 seconds West for a distance of 685.71 feet to the point of beginning. The above described tract contains 19.082 acres more or less. Section 2. That the City 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 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 held this 16th day of September, A.D. 2008. Mayor ATTEST: City Clerk i 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 Eagle View Second Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on October 21, 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 16th day of September, A.D. 2008. City Clerk