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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/19/2002 - ITEMS RELATING TO THE FOSSIL LAKE ANNEXATION NO. 1 AGENDA ITEM SUMMARY ITEM NUMBER: 22A-C FORT COLLINS CITY COUNCIL DATE: February 19, 2002FROM Troy W. Jones SUBJECT: Items Relating to the Fossil Lake Annexation No. 1. RECOMMENDATION: Staff and the Planning and Zoning Board recommend adoption of the Resolution and Ordinances on First Reading. EXECUTIVE SUMMARY: A. Resolution 2002-020 Setting Forth Findings of Fact and Determinations Regarding the Fossil Lake Annexation No. 1. B. Hearing and First Reading of Ordinance No. 032, 2002, Annexing Property Known as the Fossil Lake Annexation No. 1. C. First Reading of Ordinance No. 033, 2002, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Fossil Lake Annexation No. 1. (Hearing to occur on Second Reading.) The annexation application complies with the applicable Colorado Revised Statutes, the Intergovernmental Agreement between Fort Collins and Larimer County, and the applicable criterion in the Fort Collins Land Use Code. BACKGROUND: The Fossil Lake Annexation No. 1 consists of approximately 2.396 acres of publicly and privately owned property. This annexation includes a 693.5 foot long portion of the Kechter Road right-of- way, and a 28.55 feet wide strip of land along the eastern portion the Fossil Lake PUD 2nd Filing subdivision. The recommended zoning is the LMN— Low-Density Mixed Use Neighborhood. The property is located within the Fossil Creek Reservoir Area Plan. Conti euity 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 890.55 feet of its total boundary of approximately 5340.54 feet contiguous to the existing City limits. This exceeds the minimum 890.09 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Staley Annexation (May 2001). DATE: e ruary 19, ZUUY 2 ITEM NUMBER: Within the Urban Growth Area and the Fossil Creek Reservoir Area The property is located within the Fort Collins Growth Management Area(GMA) and in the Fossil Creek Reservoir Planning Area. It is the City's intent to annex properties within the GMA as expeditiously as possible as specified in the Intergovernmental Agreement between Fort Collins and Larimer County(IGA). Although the development within this annexation obtained its preliminary approval prior to the adoption by the City and County of the Fossil Creek Reservoir Area Plan, the approved development within the area being annexed was referred to the City for review and comment, and is consistent with the Plan. Residential Neighborhood Sign District Staff is recommending that this property be included in the Residential Neighborhood Sign District, which was established for the purpose of regulating signs for non-residential uses in certain geographical areas of the City which may be particularly affected by such signs because of their predominantly residential use and character. A map amendment would be necessary to place this property on the Residential Neighborhood Sign District Map. Zoninn and Analysis The property is in the FA-1 Farming District in Larimer County. The recommended zoning is the LMN—Low-Density Mixed Use Neighborhood. This is a 100% voluntary annexation. The Planning and Zoning Board Hearing The Planning and Zoning Board made a recommendation on this application on January 17, 2002 at its regularly scheduled meeting, where it recommended approval by a vote of 7-0. RESOLUTION 2002-020 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE FOSSIL LAKE ANNEXATION NO. 1 WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Fossil Lake Annexation No. 1; 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 Lake Annexation No. 1 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 19th day of February, A.D. 2002. Mayor ATTEST: City Clerk • ORDINANCE NO. 032, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE FOSSIL LAKE ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2002-004,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 parcel of land located in the Northwest Quarter(NW 1/4) of Section Nine (9) and the Southwest Quarter (SW 1/4) of Section Four (4), Township Six North (T.6N.), Range Sixty-eight West(R.68W.)of the Sixth Principal Meridian(6th P.M.),County of Larimer, State of Colorado and being more particularly described as follows: • BEGINNING at the North Quarter(N 1/4)Corner of said Section 9 and assuming the North line of said NWI/4 to bear North 87°59'40" West with all bearings here in relative thereto: THENCE South 00°00'42" West along the East line of said NW 1/4 a distance of 1945.03 feet; THENCE North 89059'18" West a distance of 28.55 feet; THENCE North 00000'42" East a distance of t904.00 feet; THENCE North 8705940" West a distance of 667.44 feet; THENCE North 02000'20" East a distance of 72.00 feet to the North Right-of-Way (ROW) of Latimer County Road (LCR) #36; THENCE South 875940" East along said North ROW a distance of 693.50 feet; THENCE South 00°00'42" West a distance of 30.02 feet to the POINT OF BEGINNING. Said Annexation 1 contains 2.396 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 Lake Annexation No. t. 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. Section 4. That the Fossil Lake Annexation No. I shall be permitted to develop in accordance with (1) the Final Plat and Utility Plans for Fossil Lake P.U.D., First Filing and Fossil Lake P.U.D., Second Filing, as approved by Larimer County; (ii) the terms and conditions of the Subdivision Agreement recorded June 7, 1999 at Reception No. 99049838, the Subdivision Improvement Agreement recorded June 7, 1999 at Reception No. 99049839, and Addendum A to Subdivision Improvement Agreement and Development Loan Agreement recorded June 7, 1999 at Reception No. 99049840, all regarding Fossil Lake P.U.D., First Filing, and the Subdivision Development Agreement recorded June 11, 2001 at Reception No. 2001056411 regarding Fossil Lake P.U.D., Second Filing (the "Development Agreements"); (iii) the extended period of vesting as agreed to in the Development Agreements; and (iv) the terms of the Petition for Fossil Lake Annexation No. 1. Introduced, considered favorably on first reading, and ordered published this 19th day of February, A.D. 2002, and to be presented for final passage on the 5th day of March, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of March, A.D. 2002. Mayor ATTEST: City Clerk 2 ORDINANCE NO. 033, 2002 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 LAKE ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division L3 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 Lake Annexation No. 1 to the City of Fort Collins, Colorado, in the Low-Density Mixed Use Neighborhood (LMN) Zone District, which property is more particularly described as situate in the County of Latimer,State of Colorado,to wit: A parcel of land located in the Northwest Quarter(NW 1/4) of Section Nine (9) and the Southwest Quarter (SW 1/4) of Section Four (4), Township Six North (T.6N.), Range Sixty-eight West(R.68W.)of the Sixth Principal Meridian(6th P.M.),County of Larimer, State of Colorado and being more particularly described as follows: BEGINNING at the North Quarter(N 1/4)Corner of said Section 9 and assuming the North line of said NW I/4 to bear North 87°59'40" West with all bearings here in relative thereto: THENCE South 00°00'42" West along the East line of said NW 1/4 a distance of 1945.03 feet; THENCE North 89'59'18" West a distance of 28.55 feet; THENCE North 00000'42" East a distance of 1904.00 feet; THENCE North 8705940" West a distance of 667.44 feet; THENCE North 02°00'20" East a distance of 72.00 feet to the North Right-of-Way (ROW) of Latimer County Road (LCR) #36; THENCE South 87°59'40" East along said North ROW a distance of 693.50 feet; THENCE South 00°00'42" West a distance of 30.02 feet to the POINT OF BEGINNING. Said Annexation 1 contains 2.396 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 19th day of February, A.D. 2002, and to be presented for final passage on the 5th day of March, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of March, A.D. 2002. 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