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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/07/2002 - ITEMS RELATING TO THE FOSSIL LAKE ANNEXATION NO. 4 AGENDA ITEM SUMMARY ITEM NUMBER: 19 A-C DATE: May 7, 2002 FORT COLLINS CITY COUNCIL FROM: Troy W. Jones SUBJECT: Items Relating to the Fossil Lake Annexation No. 4. RECOMMENDATION: Staff and the Planning and Zoning Board recommend adoption of the Resolution and of the Ordinances on First Reading. EXECUTIVE SUMMARY: A. Public Hearing and Resolution 2002-041 Setting Forth Findings of Fact and Determinations Regarding the Fossil Lake Annexation No. 4. B. First Reading of Ordinance No. 072, 2002, Annexing Property Known as the Fossil Lake Annexation No. 4. C. First Reading of Ordinance No. 073, 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. 4. The annexation application complies with the applicable Colorado Revised Statutes (CRS), 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. 4 consists of approximately 6.026 acres of privately owned property otherwise known at the Fossil Lake PUD 3rd Filing subdivision. The recommended zoning is the LMN — Low-Density Mixed Use Neighborhood. The property is located within the Fossil Creek Reservoir Area Plan. Contiguity This property is eligible for annexation according to the CRS,requiring 1/6 contiguity to the existing city limits. This annexation application complies with this standard since the property has is completely surrounded by the existing city limits. This contiguity occurs through a common boundary with the Fossil Lake Annexation No. 3. DATE: ITEM NUMBER: Within the Urban Growth Area and the Fossil Creek Reservoir Area The property is located within the Fort Collins Growth Management Area(UGMA)and in the Fossil Creek Reservoir Planning Area. The Fossil Creek Reservoir Area Plan (jointly adopted by the City and County) specifies that development applications for lands within the Fossil Lake Reservoir Planning Area that are south of Kechter Road and east of Timberline Road will be processed by the County in accordance with Latimer County Development Standards for the Fossil Creek Reservoir Area in the Fort Collins Growth Management Area, and that the City will not annex the land until such development applications has obtained final plat approval and the transaction of certain transferred development units (TDUs)has taken place. This property has in fact obtained said final plat approval with the county under this process. 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 Latimer 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 recommended approval by a vote of 4-0 on this application at its April 4, 2002 regular meeting. . RESOLUTION 2002-041 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE FOSSIL LAKE ANNEXATION NO. 4 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. 4; 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. 4 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 May, A.D. 2002. Mayor ATTEST: 0 City Clerk ORDINANCE NO. 072, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE FOSSIL LAKE ANNEXATION NO. 4 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2002-032 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: Fossil Lake P.U.D., Third Filing, being a re-plat of Tract B, Fossil Lake P.U.D., Second Filing, County of Latimer, State of Colorado 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.4,which annexation shall become effective in accordance with the provisions contained in Section 31-12-113,C.R.S.,including,without limitation,all required filings for recording with the Latimer County Clerk and Recorder. 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. Introduced,considered favorably on first reading,and ordered published this 7th day of May, A.D. 2002, and to be presented for final passage on the 21st day of May, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 21st day of May, A.D. 2002. Mayor ATTEST: City Clerk 2 ORDINANCE NO. 073, 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. 4 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. 4 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: Fossil Lake P.U.D., Third Filing, being a re-plat of Tract B, Fossil Lake P.U.D., Second Filing, County of Larimer, State of Colorado. 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 May, A.D. 2002, and to be presented for final passage on the 21st day of May, A.D. 2002, Mayor ATTEST: City Clerk Passed and adopted on final reading this 21 st day of May, A.D. 2002. Mayor ATTEST: City Clerk ,. ••• MEN B11IIII vim ■guy �i �i �iii It Nxx'IN C �■■■■ ■■u� IN 0