HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/19/2002 - ITEMS RELATING TO THE FOSSIL LAKE ANNEXATION NO. 2 AGENDA ITEM SUMMARY ITEM NUMBER: 23 A-C
DATE: February 19, 2002
FORT COLLINS CITY COUNCIL FROM
• Troy W. Jones
SUBJECT:
Items Relating to the Fossil Lake Annexation No. 2.
RECOMMENDATION:
Staff and the Planning and Zoning Board recommend adoption of the Resolution and Ordinances
on First Reading.
EXECUTIVE SUMMARY:
A. Resolution 2002-021 Setting Forth Findings of Fact and Determinations Regarding the
Fossil Lake Annexation No. 2.
B. Hearing and First Reading of Ordinance No. 034, 2002, Annexing Property Known as the
Fossil Lake Annexation No. 2.
C. First Reading of Ordinance No. 035, 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. 2. (Hearing to occur on Second Reading.)
The annexation application complies with the applicable Colorado Revised Statutes, the
Intergovernmental Agreement between Fort Collins and Latimer County, and the applicable
criterion in the Fort Collins Land Use Code.
BACKGROUND:
The Fossil Lake Annexation No. 2 consists of approximately 9.171 acres of publicly and
privately owned property. This annexation includes a 905 foot long portion of the Kechter Road
right-of-way, a 1870 foot long portion of Ziegler Road, and several narrow strips of land along
the eastern, northern, and western edges of 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.
Contiizuity
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 2,672
feet of its total boundary of approximately 15,830 feet contiguous to the existing City limits.
This exceeds the minimum 2,638 feet required to achieve 1/6 contiguity. This contiguity occurs
through a common boundary with the Fossil Lake Annexation No. 1.
DATE: a ruary 19, 2002 2 ITEM NUMBER: 23 A-
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.
Zoning 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 2002-021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE FOSSIL LAKE ANNEXATION NO. 2
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. 2; 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. 2 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. 034, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
FOSSIL LAKE ANNEXATION NO. 2
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS,Resolution 2002-005,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 (NWI/4) of Section Nine (9),
Northeast Quarter(NE 1/4)of Section Eight(8) 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 Latimer,State of Colorado and
being more particularly described as follows:
COMMENCING at the North Quarter(N 1/4)Comer of said Section 9 and assuming
the North line of said NW 1/4 of said Section 9 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 NWl/4 a distance of
1945.03 feet to the POINT OF BEGINNING;
THENCE continuing South 00°00'42"West along said East line a distance of 412.00
feet to a point on the South line Fossil Lake PUD Second Filing as recorded in
Larimer County Records under Reception No. 2001056410;
THENCE North 88°05'14" West along said South line a distance of 86.60 feet;
THENCE North 0000042" East a distance of 2290.13 feet;
THENCE North 87059'40" West a distance of 1505.20 feet;
THENCE South 02°00'20" West a distance of 716.91 feet;
THENCE North 87°59'40" West a distance of 1009.43 feet;
THENCE South 00°00'10" East a distance of 1395.55 feet;
THENCE South 89°59'50" West a distance of 63.00 feet to the West Right-of-Way
(ROW) Ziegler Road;
THENCE North 00000'10" West along said West ROW a distance of 2151.08 feet;
THENCE North 89059'53" East a distance of 30.00 feet;
THENCE South 87°59'40" East a distance of 30.02 feet to the East ROW of said
Ziegler Road;
THENCE South 00°00'10" East along said East ROW a distance of 744.37 feet;
THENCE South 8705940" East a distance of 1002.78 feet;
THENCE North 02000'20" East a distance of 803.91 feet to the North ROW line of
Larimer County Road (LCR)#36;
THENCE South 87°59'40" East along said North ROW a distance of 904.93 feet;
THENCE South 02°00'20" West a distance of 72.00 feet;
THENCE South 875940" East a distance of 667.44 feet;
THENCE South 00°00'42" West a distance of 1904.00 feet;
THENCE South 89°59'18" East a distance of 28.55 feet to the POINT OF
BEGINNING.
Said Annexation 2 contains 9.171 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. 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 37-45-136(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. 2 shall be permitted to develop in
accordance with (i) 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 Development 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. 2.
2
. 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
• 3
• ORDINANCE NO. 035, 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. 2 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 Lake Annexation No. 2 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 Larimer,State of Colorado,to wit:
A parcel of land located in the Northwest Quarter (NWI/4) of Section Nine (9),
Northeast Quarter(NE 1/4) of Section Eight(8)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:
COMMENCING at the North Quarter(N 1/4)Corner of said Section 9 and assuming
the North line of said NW 1/4 of said Section 9 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 NWl/4 a distance of
1945.03 feet to the POINT OF BEGINNING;
THENCE continuing South 00°00'42"West along said East line a distance of 412.00
feet to a point on the South line Fossil Lake PUD Second Filing as recorded in
Larimer County Records under Reception No. 2001056410;
THENCE North 88005'14" West along said South line a distance of 86.60 feet;
THENCE North 0000042" East a distance of 2290.13 feet;
THENCE North 87059'40" West a distance of 1505.20 feet;
THENCE South 02°00'20" West a distance of 716.91 feet;
THENCE North 87°59'40" West a distance of 1009.43 feet;
THENCE South 00°00'10" East a distance of 1395.55 feet;
THENCE South 89°59'50" West a distance of 63.00 feet to the West Right-of-Way
(ROW)Ziegler Road;
THENCE North 00°00'10" West along said West ROW a distance of 2151.08 feet;
THENCE North 89°59'53" East a distance of 30.00 feet;
THENCE South 87°59'40" East a distance of 30.02 feet to the East ROW of said
Ziegler Road;
THENCE South 00°00'10" East along said East ROW a distance of 744.37 feet;
THENCE South 87°59'40" East a distance of 1002.78 feet;
THENCE North 02000'20" East a distance of 803.91 feet to the North ROW line of
Larimer County Road (LCR)#36;
THENCE South 87°59'40" East along said North ROW a distance of 904.93 feet;
THENCE South 02°00'20" West a distance of 72.00 feet;
THENCE South 87°59'40" East a distance of 667.44 feet;
THENCE South 00°00'42" West a distance of 1904.00 feet;
THENCE South 89°59'18" East a distance of 28.55 feet to the POINT OF
BEGINNING.
Said Annexation 2 contains 9.171 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.
Mayor
ATTEST:
City Clerk
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