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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/06/2001 - ITEMS RELATING TO THE CATHY FROMME NATURAL AREA FI _ �._p__..�..._r.._T�,_ ._........P..m.• .. m..=:...:vs...w;,,m..asw^.m.avwKmroeawmvre:.a. .awm,�m:.-�,-.orr »r.,.s!i3`#.i�.es':m cpaq:,..,. +,c ars x;'.:�� f ;.nr:.cme... AGENDA ITEM SUMMARY ITEM NUMBER: 25 A-B DATE: November 6,2001 FORT COLLINS CITY COUNCIL STAFF: Troy W. Jones SUBJECT: Items Relating to the Cathy Fromme Natural Area First and Second Annexations and Zonings. RECOMMENDATION: Staff and the Planning and Zoning Board recommend adoption of the Resolutions and Ordinances on First Reading. EXECUTIVE SUMMARY: A. Cathy Fromme Natural Area First Annexation and Zoning Resolution and Ordinances: I. Resolution 2001-145 Setting Forth Findings of Fact and Determinations Regarding the Cathy Fromme Natural Area First Annexation. 2. Hearing and First Reading of Ordinance No. 177, 2001, Annexing Property Known as the Cathy Fromme Natural Area First Annexation to The City of Fort Collins. 3. Hearing and First Reading of Ordinance No. 178, 2001, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Cathy Fromme Natural Area First Annexation. B. Cathy Fromme Natural Area Second Annexation and Zoning Resolution and Ordinances: 1. Resolution 2001-146 Setting Forth Findings of Fact and Determinations Regarding the Cathy Fromme Natural Area Second Annexation. 2. Hearing and First Reading of Ordinance No. 179, 2001, Annexing Property Known as the Cathy Fromme Natural Area Second Annexation to The City of Fort Collins. 3. Hearing and First Reading of Ordinance No. 180, 2001, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Cathy Fromme Natural Area Second Annexation. CKGROUND: This is a request for a 100%voluntary annexation. The acreage of the two annexation sites are as follows: Cathy Fromme Natural Area First Annexation is approximately 81 acres, and Cathy DATE: November 6, 2001 1 2 ITEM NUMBER: 25 A-13 Frommc Natural Area Second Annexation is approximately 156 acres. The recommended zoning is Public Open Lands (POL), which is consistent with the Structure Plan designation of Rural/Open Lands and Stream Corridors. Creation of an Enclave Together, the Cathy Fromme Natural Area First and Second Annexations and the Coyote Ridge First, Second, Third, Fourth, Fifth, and Sixth Annexations will create an enclave approximately 1,781 acres in size. The majority of the enclave, approximately 1,621acres, will be within the UGA. A small portion of the enclave, approximately 160 acres, is located outside the UGA. The creation of this enclave will give the City Council the option to annex this portion of urbanized county land once the enclave has existed for at least three years. Please refer to the attached map titled "Cathy Fromme and Coyote Ridge Annexations" for a diagram of all the annexations together, and the affected enclave area. As per the Colorado Revised Statutes,the following would apply to the enclave area: CRS 31-12-106. — When any unincorporated area is "entirely contained within the boundaries of a municipality" (in other words, an enclave), the governing body may annex such territory to the municipality if said area has been so surrounded for a period of not less than three years. As per the Intergovernmental Agreement between Larimer County and Fort Collins, the following would apply to the enclave area: IGA Section 8.A. — It is the City's intent to annex properties within the GMA as expeditiously as possible consistent with the terns of this Agreement. IGA Section 8.D. —The City agrees to pursue annexation of any parcel that becomes eligible for involuntary annexation. IGA Section 8.G. —The County agrees that the City, in its sole discretion, may annex outside the Fort Collins GMA. Contiguity These properties are eligible for annexation according to CRS, requiring 1/6 contiguity to the existing city limits. The contiguity is achieved as follows: The Cathy Fromme Natural Area First Annexation and Zoning complies with this standard since the property has 3,201.20 feet of its total boundary of approximately 7999.15 feet contiguous to the existing City limits. This meets the minimum 1,333 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Seven Springs/Hahn Annexation (April 1986). the Hahn Annexation (March 1986), and the Fossil Creek Estates Annexation (November 1993). The Cathy Fromme Natural Area Second Annexation and Zoning complies with this standard since the property has 5,296.00 feet of its total boundary of approximately 10,427.07 feet contiguous to the existing City limits. This meets the minimum 1,737.85 feet required to DATE: November 6, 2001 3 ITEM NUMBER: 25 A-B achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Cathy Fromme Natural Area First Annexation and the Coyote Ridge Second Annexation. Outside the Urban Growth Area The proposed Cathy Fromme Natural Area First and Second Annexations are located just outside the Fort Collins Urban Growth Area(UGA). According to policies and agreements between the City of Fort Collins and Latimer County, contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA (last amended November 2000), the City may annex property outside the UGA, provided the property is eligible for annexation according to Colorado Revised Statutes (CRS). Zoning and Anal The properties are zoned FA-1 Farming, I-1 Industrial in Larimer County. The requested zoning for this annexation is (POL) Public Open Lands. All areas to be annexed are either part of existing natural areas, under management by natural areas, or existing road right-of-way. All proposed uses are public in nature, and will be a continuation of existing uses for the land. The property is designated as Rural/Open Lands and Stream Corridors on the Structure Plan, which is consistent with the proposed zoning of(POL) Public Open Lands. The Plannine and Zoning Board Hearing The Planning and Zoning Board recommended approval of the Cathy Fromme Natural Area First and Second Annexations by a vote of 5 to 2 on April 5, 2001. 1� f i ONE SET OF BACKGROUND MATERIALS AND ATTACHMENTS HAS BEEN PROVIDED FOR THE CATHY FROMME 1 ST & 2ND ANNEXATIONS & . ZONINGS AND THE COYOTE RIDGE 1ST _ 6Tx ANNEXATIONS & ZONINGS Planning and Zoning Board Minutes • April 5, 2001. Page 19 Projects: Cathy Fromme 1" Natural Area Annexation & Zoning, #40-98 Cathy Fromme 2Id Natural Area Annexation & Zoning, #40-98A Coyote Ridge 1st Annexation & Zoning, #43-98 Coyote Ridge 2"d Annexation & Zoning, #43-98A Coyote Ridge 3 d Annexation & Zoning, #43-986 Coyote Ridge 4th Annexation & Zoning, #43-98C Coyote Ridge 5tn Annexation & Zoning, #43-98D Coyote Ridge 6th Annexation & Zoning, #43-98E Project Description: Request for Annexation & Zoning of 237 Acres (Cathy Fromme 1st (81) and 2°d (156) and Coyote Ridge 1,096.5 Acres (Coyote Ridge 1st (2.5), 2"d (181), 3'd (161), 4m (192), 5m (325) and 61n(235). The requested zoning is POL, Public Open Lands. • Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence: Troy Jones, City Planner gave the staff presentation. He stated that the Council Growth Management Committee would be hearing these annexation items on Monday, April 9tn He asked the Board to keep in mind that whatever recommendation the Board should make; the Council will have an opportunity to be briefed by the Council Growth Management Committee also before making a decision. Planner Jones stated that the second reason this item was continued from March 151n was to discuss law enforcement issues within the natural area. He thought that all questions regarding that issues were answered at worksession. For the public's benefit, it was discussed that it would not be feasible for the rangers to be deputized. The Natural Resources Department does not want to go that route. CITIZEN INPUT None. Member Craig asked for the applicant to state again the justification, or why they want these natural areas annexed into the city. Planning and Zoning Board Minutes April 5, 2001 Page 20 Doug Moore, Natural Resources Department replied that as it was discussed at worksession, it was a desire for the Natural Resources Department to annex in as many of our properties that are eligible into the city limits as possible. It makes it easier for the rangers to operate under the circumstances, since they are operating under the city ordinances. For backup purposes, they know they will have city law enforcement officers rather than having to rely on the county. Member Craig asked if Coyote Ridge was attached to some county land. Mr. Moore replied that there were some joint purchases with Coyote Ridge with the County. He was not sure how they enforce with their rangers; they do manage their properties differently than ours. We don't have any intergovernmental agreements with the County and to his knowledge non-are planned. He stated that the city would like to keep the properties separated. Member Colton asked for clarification if Cathy Fomme 15t and 2nd are within the UGA. Planner Jones replied that all eight annexations are out of the current UGA. Member Craig wanted a continuance so the items could be addressed properly and Council could address the issues. Mr. Moore asked for a decision from the Board, and felt that Council Growth Management could send their recommendation along side the P & Z Board recommendation, for a decision by City Council. Member Craig moved to recommend denial of Cathy Fromme 1gt, Cathy Fromme 2nd, Coyote Ridge 19t 2nd 3rd 4m, 5th and 6t" Annexation and Zonings. Member Craig felt there were several issues that were not being addressed. She also had trouble with the flag pole annexation. She did not like natural areas being used to create enclaves. What does that send to county residents when it comes time on the ballot to ask for more money? She felt we were using county residents money to enclave them. The cost of the enclave is too high. Member Colton seconded the motion. Member Colton concurred with Member Craig. He felt that we do not fully understand the implications because there has not been a thorough analysis done. He felt it was needed to understand the implications of the enclave. He has not heard enough justification to approve this at this time without an analysis and further direction from Planning and Zoning Board Minutes April 5, 2001 Page 21 Council. He felt that we could live with the natural area enforcement that we currently have. The motion for denial was denied 5-2 with Members Craig and Colton voting for the motion. Member Bernth recommended approval of the eight aforementioned annexations with zoning of POL, Public Open Lands. Member Torgerson seconded the motion. Member Carpenter felt it made sense when the city owns the natural areas to have more control and have a better enforcement of regulations. Member Torgerson concurred and added that what was found in a study a year ago was that enclave annexations cost a lot now, but they cost a lot more in the future. The motion was approved 5-2 with Members Colton and Craig voting in the negative. Project: Referred Minor Amendment to the Rigden Farm Neighborhood Center Project Description: Minor Amendment application to change the Rigden Farm ODP, and the Rigden Farm, Filing One PDP. The request is to change some of the permitted uses and the configuration within the Rigden Farm Neighborhood Center. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence: Member Torgerson excused himself due to a conflict of interest on the project. Troy Jones, City Planner gave the staff presentation. The project is referred to the Planning and Zoning Board because there is known opposition by a neighbor. Planner Jones reviewed some site shots to illustrate the request. The request is to change the uses of the Neighborhood Center, which includes the Johnson House and the adjacent • barn, which were approved as part of the Rigden Farm Filing One with specific uses. Planning and Zoning Board Minutes March 15, 2001 Page 13 Mr. Daggett responded that staffs perspective is more that the implementation of the future alternatives are really an appropriation process. This is a strategic plan that lays out the guidelines. The implementation of the various scenarios, they are your guide, and as you move forward from scenario one, which is at no cost, to scenario two, which has a contingency of a federal grant for $38,000,000 for capital improvements. If we receive the money, then City Council would have to make an appropriation decision. The 3 d and 41" scenarios are goals of theirs that would also end up in an appropriation decision on the part of City Council. Member Colton recommended approval of the Transfort Strategic Operating Plan to City Council. Member Craig seconded the motion. Member Colton commented that a lot of good work has gone into this plan and was very well thought out. He felt funding may be a problem, but it is a good vision. Member Craig concurred. She felt,it was a very well put together plan. She felt that they have raised productivity in a very admirable way. She wished we could get more employers on board. Chairperson Gavaldon also concurred with other members. He hoped as more employment moves to the Harmony Corridor that a good eye is kept and that we don't overload any routes. He also was concerned about the funding. The motion was approved 5-0. Projects: Cathy Fromme 1s` Natural Area Annexation & Zoning, #40-98 Cathy Fromme 2nd Natural Area Annexation & Zoning, #40-98A Coyote Ridge 15t Annexation & Zoning, #43-98 Coyote Ridge 2nd Annexation & Zoning, #43-98A Coyote Ridge 3`d Annexation & Zoning, #43-98B Coyote Ridge 4`h Annexation & Zoning, #43-98C Coyote Ridge 5t" Annexation & Zoning, #43-98D Coyote Ridge 6`" Annexation & Zoning, #43-98E Planning and Zoning Board Minutes March 15, 2001 Page 14 Project Description: Request for Annexation & Zoning of 237 Acres (Cathy Fromme 1st (81) and 2Id (156) and Coyote Ridge 1,096.5 Acres (Coyote Ridge 1st (2.5), 2"d (181) 3`d (161), 4' (192). 5m (325) and 6 h(235). The requested zoning is POL, Public Open Lands. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence: Troy Jones, City Planner gave the staff presentation. He presented graphics of the proposed annexations. He spoke on the location and surrounding uses. Mr. Jones stated that this series of annexations would create an enclave of county properties which the city would have the option three years from the effective date of these annexations to annex the enclave. Mr. Jones addressed the question from worksession about why we want this annexation. The first reason is that the Natural Resource Department currently have portions of the Cathy Fromme and Coyote Ridge Natural Areas open to the public. • There are also portions that are not open to the public. This causes some confusion for enforcement. The rangers that are employees of the Natural Resources Department police the areas that are open to the public, whereas, the areas not open to the public are policed by the Sheriff. The Natural Resources Department would like to get the properties into one jurisdiction so there will be no question about who has authority. The second is to give the city the option, three years into the future, if Council so chooses at that point, to be able to annex the enclave created by these annexations. CITIZEN INPUT None. Member Colton stated that these same proposals came up two years ago and there were serious questions about the implications about doing this in terms of the Urban Growth Area, policy, cost of road maintenance and the desirability of having an enclave or not. It went to the Growth Management Committee and they said they did not want to act on these proposals. He was concerned about these proposals coming back without having Council specifically give direction for them to come back. He asked why they are coming back again. Planner Jones reported that it was his understanding that when the annexations came forward the first time, the Intergovernmental Agreement between Larimer County and • the City of Fort Collins specifically said that we agree that we won't annex properties Planning and Zoning Board Minutes March 15, 2001 Page 15 outside of the Urban Growth Area. Since, there has been a change that says that the city has the discretion to do that. The reason for the change was for something like this to happen, where there is a natural area outside of the city limits. The change would give the city the option for annexation. It used to say in the Intergovernmental Agreement that we can't annex south of County Road 32. That was an effort to keep the area between Fort Collins and Loveland in compliance with the separator plan we have called The Plan for the Area between Fort Collins and Loveland One exception that if it is a natural area that is being annexed, and it is consistent with what is shown in that plan for open space in that area, that would be the exception that the city could annex past County Road 32. There is the one-quarter section of the Coyote Ridge 5`h Annexation that is south of that alignment. Member Colton stated that he did not specifically remember a major concern being that we could not annex without moving the UGA. Planner Jones stated that he inherited the project about two years ago. He stated that after he started, Bob Blanchard and Alan Krcmarik did a study specifically talking about the enclave and the cost of doing that enclave. What it would cost now versus in the future. What we are talking about tonight is the annexations, and although it would create the possibility to annex the enclave in the future, we are not saying that we are going to do that tonight, and we are not saying that we are not. We are only saying that there is a possibility established to make that decision in the future. Member Craig asked about the new Intergovernmental Agreement and did he have a round figure of what is in the enclave, that if it were not an enclave, could come in as County Development and there would not be urban standards. Planner Jones replied that the IGA basically says that if a development proposal comes in for a piece of ground that is contiguous to the city limits and it is in the county. The county will send them to the city for annexation and develop under city rules. The new agreement also prohibits applicants from subdividing property to create a property that had contiguity to the city no longer have contiguity. He stated that there has not been an analysis of how much of the land is not contiguous to the city, so if development does come in we would not have control over it versus the stuff that is contiguous that would trigger a city review. Member Craig thought the IGA says that if they are in the UGA, and they are contiguous to city boundaries they have to go to the city. She asked if that has been taken out of the IGA. Planner Jones replied it has not been taken out. In the Larimer County Land Use Code, in Section 4.2, it says, "that if a project goes before the County Commissioners as the • Planning and Zoning Board Minutes March 15, 2001 Page 16 final authority, then instead of doing that, they are required to annex. But if the project is under a certain amount of trips, then they do not have to go before the County Commissioners for their final decision and they have the choice of not annexing." Member Craig asked for clarification from the legal staff. Deputy City Attorney Eckman explained that except for the receiving area land in connection with the Fossil Creek Reservoir, the County agrees that it will not accept any development application, as that term is defined in Section 4.2.1 of the Larimer County Land Use Code, for property that has any contiguity to the city limits and thus, can be made eligible for voluntary annexation to the city, whether through a series of annexations or otherwise. He felt the catch was that some things that look like development to us, are in the County's terminology not development applications. Director Gloss added that based on the number of applications we have gotten in, it was his understanding that most of the review going through the county process is going through the Planning Board or the staff and not the County Commissioners. Just like development applications in the city do not go to City Council, they go to the Planning • Board or an Administrative Hearing Officer. Most of the applications, the Commissioners are not going to see, and if it is contiguous and does not meet the threshold, then it is not forced to be annexed and meet the standards. We routinely get development applications referred to us in Larimer County, in the urban area, and our comment is that they meet the city standard, but there is no teeth in their code to require it. We can only request that they do it. The only exception is the new urban area street standards and those were enacted March 15t. The applicants will now have to meet the street standards. Member Craig felt that was a huge loophole and felt the Board should send some recommendations to Council. Chairperson Gavaldon suggested that they talk about that issue at an upcoming worksession. Chairperson Gavaldon was unclear about anything that has changed since the first time the Board saw these applications. Planner Jones replied that he did not think anything has changed except for the language in the IGA. Doug Moore, Natural Resources Department added that one change is that we are • starting to use those natural areas and we are starting to try to manage them. There is Planning and Zoning Board Minutes March 15, 2001 Page 17 a higher use of that area than there has been in the past. There is now more of a need by the Natural Resources Department to have these properties annexed. Chairperson Gavaldon asked if the Sheriff can deputize the Rangers to perform the duties as required without having to annex. Planner Jones stated that he talked with Tom Shoemaker and he stated that there were ways it could be arranged, but the Natural Resources department would prefer a cleaner way of doing it and just make it part of the city so there is no question of the authority. Member Colton asked if the Natural Resources Board has heard this and what was their recommendation. Mr. Moore replied that they were recommending annexation. Member Craig asked how many feet of street is in the flag pole annexation. Planner Jones replied roughly ''/. mile. That is the road right-of-way and also 100 feet of land within the southern portion of the Land Fill property. Planner Jones reviewed slides of the proposed annexations. Member Colton stated that in the petition for annexation, it shows eight points. He did not feel that it has been shown that it is desirable and necessary that they be annexed into the city of Fort Collins. He also did not believe that the area to be annexed is urban or will be urbanized in the near future. He felt that this needs to be continued to have Council Growth Management give some further direction on whether we want to pursue the main intent of this, which is creating an enclave, or that we vote it down tonight because of the points. He did not feel that he can approve this given the fact that this identical proposal raises some serious concerns not more than two years ago, enough that it was pretty well derailed in the eyes of the Growth Management Council. Chairperson Gavaldon asked if it was possible to get this to the Council Growth Management Committee to look at this and follow what Member Colton is looking for, and help the Board out on the enclave issue. Director Gloss believed that we could do that in the 60 days prescribed in the Code. Member Colton recommended continuance of the eight proposed annexations to have Council Growth Management hear the items to see if they feel it is worth pursuing. He recommended continuance until the second meeting in April after Planning and Zoning Board Minutes March 15, 2001 Page 18 Council Growth Management has had a chance to review the proposed annexations. He also asked that the Natural Resources Department come back with alternatives regarding enforcement with a memo from the Sheriff's Department and a presentation at worksession from Natural Resources including a memo as part of the staff report. Member Carpenter seconded the motion. The motion for continuance was approved 6-0. Project: 2021 Timberline Lare Rezoning, #3-01 Project Description: Request to rezone approximately .75 acre located at 2021 Timberline lane from UE, Urban Estate, to HC, Harmony Corridor. The parcel is generally located west of and adjacent to Timberline Road, south of and adjacent to Timberline Lane and approximately 150 feet north of Harmony Road. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence Member Bernth claimed a conflict of interest on this item and excused himself. Brian Grubb, City Planner gave the staff presentation. He stated that a letter that was received today from a surrounding property owner was being distributed for the record. He stated that the site currently has a garage and a mobile home existing, and gains access from Timberline Lane to the north. He reported that there are a variety of surrounding land uses, to the north and to the west there is low-density residential development. To the east is a Diamond Shamrock and the old Harmony School; to the south, the old Harmony Store and some small residences and businesses located along Harmony Road. Planner Grubb reviewed the site shots for the Board. He stated that there was a neighborhood meeting held and there were approximately 10 neighbors that showed up. He stated there were a variety of comments and concerns and those were included in the Board's packet. Community Planning and Environmental Services Current Planning City of Fort Collins ,TO: Gregory Byrne, CPES Director FROM: Cameron Gloss, Current Planning Direct SUBJECT: Cathy Fromme and Coyote Ridge Natural Areas Annexations- Cost to provide Street and Police Services DATE: August 17, 2001 Background and Summary Councilman Kastein has asked staff to provide the City Council Growth Management Committee an updated assessment of additional costs for Streets and Police Services to the Cathy Fromme and Coyote Natural Areas currently being considered for annexation. It has been determined that these two City services are the only ones impacted by the annexation. The Engineering and Police Departments have reviewed previous analyses completed in 1997 and updated the information based on today's service levels. Given a few reasonable assumptions, the total estimated annual cost for both services is $35, 700, Streets Funding construction of the 2-mile stretch of S. Taft Hill Road Road Widening Project, south from Fossil Creek (CR-36 section line) to the CR-32 Section line, was one of staffs primary concerns, but there appears to now be a funding source. The Larimer County Regional Road Impact Fee, which the City has adopted and is charging now on building permits, will pay for the road widening project. Estimated capital construction cost for the 2 miles of widening will be approximately $6.6 million. Ongoing operation and maintenance of this section of S. Taft Hill Road can be handled through existing maintenance programs. The estimated annual Operation and Maintenance cost = $20,200. This calculation is based upon the Planning factor from the City Capital Improvements Program (CIP) which equals $10,100 per mile of roadway. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970)416-2020 Assumptions: Rural street section with mowing required, but no landscape maintenance. Maintenance costs include: annual Pavement Management costs, pothole and minor repairs, snowplowing, sweeping, striping, signs and one traffic control signal. Police Estimated annual Operation cost (0.1 Full Time Employee (FTE)) _ $15, 500 Assumptions: No exceptional circumstances (assault, homicide, etc.) Community Planning and Environmental Services Current Planning lVof Fort Collins TO: Council Growth Management Committee THROUGH: John Fischbach, City Manager Greg Syme, CPES Director aF5• 6 � FROM: Alan Krcmarik, Financial Officer AL "v Bob Blanchard, Current Planning Director5c_ DATE: July 15, 1999 SUBJECT: Annexation ATTACHMENTS: Memorandum from Alan Krcmarik regarding an analysis of major financial impacts of annexation. Map of potential annexations. BACKGROUND: Annexation of property into the City may occur one of two ways: Voluntary annexations are those where the property owner petitions to come into the City limits. To be eligible, property must have at least 1/6 of the property boundary contiguous with existing City limits. If less than 1/6 of the boundary is contiguous, annexation may occur by dividing the property into multiple sections, each of which must have 1/6 contiguity either with the City boundary or with the annexation that is processed immediately prior an the agenda. These latter annexations are termed "sequential annexations." Enclave annexations (involuntary) are those where the property proposed for annexation is completely surrounded by the City. These annexations are typically initiated by the City. State regulations provide that after an enclave has been in existence for a minimum of three years, the City may proceed with annexation. While public notification is not required, the City process is to meet with property owners prior to the initiation of annexation proceedings. 261 North CoIIe, e .venue • P.O. Box �80 • Fort Cc[tins. CO 80322-0580 • (970) "1-67:0 • F.-�,x (970) 416-20'_0 Approximately three years ago, the City began a conscious effort to annex all eligible enclaves. At the same time, annexation of all City owned natural areas was initiated including those located outside the Urban Growth Area (Growth _. Management Area). During the Planning and Zoning Board hearing, concerns were expressed regarding the appropriateness of annexing outside the GMA, even when there was no development potential. As a result, Council tabled those annexations until after a Study Session could be scheduled. During this same-time, Current Planning staff reviewed potential enclave annexations with the Executive Lead Team. Concern was expressed by several Service Area directors about the service level impacts presented by the proposed annexations, particularly the large one in the southern part of the City, east of Taft Hill Road (colored purple on the attached map). Consequently, an interdepartmental team was established to investigate anticipated fiscal impacts of annexations, using the large enclave as a case study. ISSUES: For this discussion, annexation issues focus on two areas: fiscal analysis and annexation policy. At the study session currently scheduled on August 10, 1999, two areas of direction will be requested from Council: 1. Are there instances when annexation outside the GMA is appropriate? and, 2. Should the City continue with its policy of annexing enclaves — even to the extent of creating enclaves which would be annexed when eligible? Fiscal Analysis As noted above, an interdepartmental team was formed to assist with the identification of potential fiscal impacts of annexation. For this exercise, the large enclave that would be formed with the annexation of the Coyote Ridge Natural Area (colored purple on the attached map) was used as a case study. The attached memorandum from Alan Krcmarik analyzes the fiscal impact issue. Annexation Policy Annexation policy is articulated in City Plan and the Intergovernmental Agreement For The Fort Collins Urban Growth Area. City Plan direction regarding annexations is limited to one principle and policy: 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 meet all statutory requirements for annexation according to the laws of the State of Colorado. • Prooerty 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. • Phasinc of public services and facilities. Vacant/undeveloped land proposed for annexation must conform to the City's phasing requirements for extension of public services and facilities before being annexed. • Annexation of county enclaves. The City will pursue annexation of vacant/undeveloped land included in a county enclave (i.e., an area completely surrounded by property already in the City) within one year after such enclave becomes eligible for involuntary annexation. • Infrastructure standards. Developed land, or areas seeking voluntary annexation, must have their infrastructure improved (e.g., streets, utilities and storm drainage systems) to City standards, or must have a mechanism (e.g., a special improvement district, capital improvements program, etc.) in place to upgrade such services and facilities to City standards before the City will assume full responsibility for future maintenance. • Prooerties with annexation agreements as conditions of approval. Developments approved by the County that have an annexation agreement as a condition of approval, or have an annexation agreement with the City as a result of receiving out- of-city utility service, will be considered for annexation when they meet all statutory requirements. The Intergovernmental Agreement For The Fort Collins Urban Growth Area provides more definitive direction regarding annexation: Section 1.0 Policies: 1.6 That the policy of the City is to consider the annexation of all properties within the unincorporated area of the Fort Collins Urban Growth Area as soon as said property either (1) becomes contiguous to the City and therefore eligible for annexation and the owner thereof either requests voluntary annexation into the City, or is required to annex such property into the City by the County, or (2) the property is included in an enclave area eligible for involuntary annexation into the City according to State law. 1.7 That the policy of the City is not to annex property outside the Fort Collins Urban Growth Area without first amending the Fort Collins Urban Growth Area boundary through the established amendment procedure or the agreed upon annexation procedure which allows the City to annex outside the Fort Collins Urban=Growth Area boundary after giving notice to the Board of County Commissioners as required pursuant to Section 2.10(D) of this Agreement. 1.8 To the extent permitted by Law, the City will not annex property south of County Road 32 (also known as the "Fort Collins/Loveland Corridor") or any property within the portion of the Fossil Creek Reservoir Area Plan which is located east of County Road 11 (Timberline Road) and south of County Road 36 unless the County either requires the landowner to petition for annexation or requests that the City consider annexation. Section 2.10 Annexations A. The City agrees to consider the annexation of any parcel or parcels of land located within the Fort Collins Urban Growth Area in accordance with the provisions of Title 31, Article 12 of Colorado Revised Statutes, provided however, that to the extent permitted by law, the City agrees not to annex property south of County Road 32 (also known as the "Fort Collins/Loveland Corridor") or any property within the portion of the Fossil Creek Reservoir Area Plan which is located east of County Road 11 (Timberline Road) and south of County Road 36 unless the County either requires the landowner to petition for annexation or requests that the City consider annexation. B. The City agrees to consider for annexation any Annexation Petition for any undeveloped or developed parcel or parcels of land which qualify for voluntary annexation pursuant to State law. The City also agrees to the annexation of all County Road rights-of-way, easements, etc., adjacent to a voluntary annexation in accordance with Title 31, Article 12 Colorado Revised Statutes. Provided, however, that the City may not annex such County roads and rights-of-way if annexation of such roads and rights-of--way would impede future annexation anticipated by the City to be accomplished by the use of a "flagpole" configuration; nor shall the City be required to annex any such County road if such road is primarily used by county development. In the event the City shall determine not to annex such roads or rights-of-way, it shall provide a written explanation in the annexation Impact reports provided to the County outlining the City's reasons for determining not to annex such roads or rights-of-way. C. The City agrees to pursue involuntary annexation of any undeveloped parcel or parcels, or any undeveloped, partially developed, or developed subdivision, planned unit development, special review case, or any other development approved by the Larimer County Board of Commissioners prior to January 1980 when State statutory requirements for involuntary annexations have been met. D. The County agrees that the City, in its sole discretion, (except as provided in Sections 1.8 and 2.10(A) of this agreement) may annex outside the Fort Collins Urban Growth Area. The City agrees that proposed annexations outside the Fort Collins Urban Growth Area will be sent by certified mail to the Board of County Commissioners for review and comment at least thirty-five (35) days prior to the scheduled public hearing on the annexation before the City Council. E. The County agrees to require a binding annexation agreement as a condition of approval an any development application requiring approval by the Larimer County Board of Commissioners, or an appointed advisory commission, committee, or County staff, acting on behalf of the Commissioners, and located within the UGA but not eligible for voluntary annexation to the City. Both documents are clear regarding the intent of the City to annex properties when they become eligible. Remaining issues for discussion by Council are twofold: 1. Should the City pursue annexation outside the Growth Management Area; and, 2. Should the City aggresively try to create enclaves which will then be annexed according to the requirements of City Plan (within one year of becoming eligible). Annexation outside the GMA Both the City Plan principles and policies and the Intergovernmental Agreement outline the process for annexing outside the GMA. However, inconsistencies exist. While the Intergovernmental Agreement permits annexation outside the GMA with 35 day notification to the County Commissioners for their review and comment, City Plan requires that the GMA boundary be amended prior to annexation. To date, there has not been any annexation of property outside the GMA. Currently, however, there are two which are on hold pending direction on this issue. Both are City owned natural areas: Coyote Ridge and the Cathy Fromme Prairie (see attached map). Neither of these annexations would result in any development potential. Annexation is being requested to ensure there is no issue surrounding the ability of the Natural Area Rangers to enforce City regulations. The issue for Council consideration is whether the City should ever consider annexation outside of the GMA. If so, should the process follow the IGA or should the GMA boundary always be amended prior to processing an annexation? Creation of Enclaves Staff, Planning and Zoning Board and Council have all agreed that enclave annexations are appropriate for three primary reasons: 1. Annexation results in more efficient provision of public services, primarily emergency services. It eliminates the need for the County to provide service in what are frequently isolated pockets of County land surrounded by the City. 2. It eliminates confusion. People located in County enclaves usually consider themselves residents of Fort Collins. They make use of City resources and frequently, when emergencies arise, call the City's emergency service offices only to be informed they need to contact the County. 3. Future development will occur under City regulations. If annexation does not occur, development that does not require approval of the County Commissioners can occur without the property being referred to the City for possible annexation. This type of development may be inconsistent with City Plan and may result in projects that are substandard when the property eventually annexes to the City. In considering the Coyote Ridge annexation(s), it became apparent that there was an opportunity to create a large enclave that would allow the City to pursue the annexation of the large unincorporated area in the southern portion of the City east of Taft Hill Road (colored purple on attached map). An agreement was negotiated with the County to annex a strip of land along the west side of Taft Hill Road that would allow Coyote Ridge to be annexed through five sequential annexations. With the Natural Resources Department actively pursuing acquisition of property adjacent to Coyote Ridge (colored dark green on the attached map), ultimate annexation of that property would create the large enclave. Any future development would then be required to be consistent with City regulations. The creation of this enclave was a conscious decision of City staff. This is currently on hold pending the decision regarding annexation of the Coyote Ridge Natural Area. In this case, the issue for Council consideration is whether the City should continue to actively pursue enclave annexations and, if so, should the creation of enclaves continue to be pursued. dacflUcauna Uannezadangme Administrative Services ` Finance Administration f Fort Collins MEMORANDUM DATE: July 6, 1999 TO: Council Growth Management Committee THROUGH: Bob Blanchard, Director of Current Planning FROM: Alan Krcmarik, Financial Officer Az_ SUBJECT: Annexation Analysis —Major Financial Impacts PROJECT SUMMARY: The City and Larimer County, through an intergovernmental agreement, defined the Urban Growth Area. Over time, the City will annex land area outside the current city limits and within the Urban Growth Area. The UGA will become developed and urbanized. The purpose of the intergovernmental agreement is to ensure that the City has better planning and control over land areas that will eventually become part of the City. In the last part of 1998, the City planning staff identified areas within the UGA that are ready or approaching readiness for annexation into the City. Annexation is the process by which cities extend their municipal services, regulations, voting privileges, and taxing authority to new territory. This project was conceived to assess the financial impacts of annexation. Generally, the staff team has been trying to estimate the costs and benefits of annexing parcels of property. To narrow the field of analysis, the first annexation area to be reviewed is the Southwest Fort Collins area The staff team includes representatives from the service areas mast affected by annexation in this area: Light & Power, Transportation, Police. Other major City services, Fire Protection, Water and Sewer, and Cultural, Library and Recreation were not included in this initial review. Fire protection services are already provided to the study area by the Poudre Fire Authority. Water and sewer services are provided not by the City, but by special service districts. As with most development of cities and towns, the ability to pay from area based revenue sources lags behind service impacts. Usually, the faster an area develops or grows, the greater the gap between service demand and revenue. As observed by the electric utility, the best approach would be to annex as soon as possible to start the flow of revenue. Significant delay causes the revenue to get further behind the demand for service. At some point, it would be logical to conclude that the City would be so far behind that it should not annex the area. Therefore, the City should proceed with annexation in a timely fashion with undeveloped areas being annexed as quickly as possible and developed areas to be annexed prior to any further development or redevelopment. 300 LaPorte Avenue • P.O. Box 380 • Fort Collins, CO S05222-0580 • (970) 221-6788 • FAX (970) ZZI-6782 General Description of the Study Area Annexation of the Coyote Ridge Natural Area creates an enclave of land that the City would be required to annex with the next three years. The area is bordered on the North by Harmony Road, Stover Street on the East, Overland Trail on the West, and County Road 32 on the South. Some of the area has already developed as residential property. There is also a significant amount of commercial enterprise along the College Avenue. The enclave includes three main streets, College Avenue, Shields Street and Taft Hill road that carry large volumes of traffic at high speeds. There are approximately 200 additional acres of undeveloped land that is designated as low density mixed use residential properties. Once fully developed, this will add about 600 dwelling units and 1,400 residents. The will also be the typical non- residential uses, including day-care, churches, and limited commercial services. Police Services The Police Services analysis found significant issues. The enclave falls within a current patrol area that stretches north to Elizabeth Street. The size of the area and service calls that originate there would create a new patrol area. To staff a new patrol area, Police Services estimates it would require eight additional patrol officers. Support staff for the patrol area would include two detectives and three non-swcm (dispatchers and clerk typists) personnel. The area being annexed has three main roadways which carry high volumes of traffic at high speeds. A large number of accidents occur on these roads and there is a corresponding need for traffic enforcement efforts. An additional traffic officer and one additional Community Service Officer would be recommended to address these special traffic related needs. The first year cost of staffing for the annexation would be about $1.5 million and 51.2 in continuing costs. Light & Power When the City annexes land areas into its corporate limits, the Light & Power electric Utility assumes responsibility for providing electric service into the areas. Based on state statutes and system transfer agreements, Light & Power is required to compensate the Rural Electric Authority and Public Service Company for their service areas. In the study area, approximately 100 customers would be transferred from Public Service Company and about 1,000 would be transferred from the Poudre Valley REA. For the southwest area annexation, the Light & Power utility estimates the cost to be 51.5 million. The new customers would add about five megawatts of load to the present system. This is an increase of about 2.5% Once the area is annexed, new customers would pay the City's plant investment fees and other service fees which ale based on a cost of services model. Transportation The Transportation staff estimated three categories of cost for the streets located within the study area, costs for Arterial Streets, Collector Streets, and Residential Streets. For arterial streets, costs include overlays, crackseal, surface seals, and reconstructions. Street sweeping and snow removal are estimated on a cost per mile basis. Pothole repair and maintenance is also on a per mile basis. The estimated annual maintenance costs for the study area arterials is about $85,000 per year. For collector streets the same type of costs have been estimated at about $26,000 per year. For residential streets, the City will not do overlays, crackseal, and reconstruction until the streets are constructed to the City's standards. Street sweeping, snow removal and pothole maintenance would be about$4,100 per year. Total estimated costs for all three types of streets would be about$115,000 per year. In addition to these known maintenance costs, the Transportation staff identified five other potential costs: future widenings of streets (street oversizing), long-term maintenance of future developments, long-term maintenance of existing developments, long-term maintenance of future widenings, and transit service expansion into the area. The costs fort these elements have not yet been completed. • Summary of Estimated City Costs 1 u Year Start Uo Additions to Base Sudcet Police Services $1,500,000 $1,200,000 Electricity Service $1,500,000 Street Maintenance 115,000 Total $3,000,000 $1,315,000 Revenue Estimation Prior to undertaking this project, staff reviewed several annexation impact models, conducted a literature review, and spent a fair amount of time collecting information about annexation fiscal analysis over the Internet. Several approaches have been used by other communities. In terms of estimating future revenues, we decided to use an revenue to land area ratio analysis. Upon full build-out of the study area, this approach assumes that revenue generation will approximate the existing revenue to land area presently experienced by the City. We then adjusted the revenue figure downward due to the fact that a higher proportion of the area.to be annexed will be • open land. For purposes of this analysis it was assumed that full build-out of the south west study area would occur in 20 years. At full build-out the area should generate approximately $5.5 million (1998 dollars). As of today, the area is about 10% of its full build-cut revenue rate and is generating about $550,000 of revenue to the City per year. To achieve the full build-out the areas on the arterials, especially College Avenue, the area will need to develop to the same extent as areas that have been in the City for the last 20 years, for example, the area from Prospect to Harmony between College and Shields. Given these assumptions, the costs of the study area are higher than the revenues for the twenty year period. The revenues and costs would have to go out another five to seven years to reach a cumulative balance. Draft Conclusions. Annexations of large tracts of land such as the study area do not have an immediate favorable cost-benefit ratio. It will take many years for the revenue from the study area to catch up to the projected casts. However, if the area is not annexed the costs to the City may be even more out of balance with future revenue. The sooner the area is annexed the sooner the development in the area will begin contributing financially through fees and taxes. This is consistent with annexations studied by other communities. Unless the area to be annexed has a specific revenue generating component, most studies conclude that the costs of development far outweigh the net revenue generation. The Urban Growth Area planning paradigm was designed to offer the City more control over the land uses in areas around the City that will eventually be part of the City. Through this technique, the City should be able to better control and more efficiently guide land uses. Recommendation The City has been operating under the Urban Growth Area philosophy for several years and the results are generally favorable. For the best revenue to cost result, annexation of areas that will develop at urban densities should generally occur sooner than later. If the City waits too long to annex the area, the loss of plant investment fee, capital improvement expansion fee, tax and other revenue will lag further and further behind the demands for infrastructure and other City provided services. The analysis conducted so far supports annexation of the parcels that will be eligible for annexation. RESOLUTION 2001-145 • OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE CATHY FROMME NATURAL AREA FIRST ANNEXATION WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Cathy Fromme Natural Area FirstAnnexation; 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 Cathy Fromme Natural Area First 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 6th day of November, A.D. 2001. Mayor ATTEST: • City Clerk ORDINANCE NO. 177,2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE CATHY FROMME NATURAL AREA FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2001-125,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 NORTHWEST 1/4 OF SECTION 10 AND A PORTION OF SECTION 9,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE is 6TH P.M., COUNTY OF LARIMER,STATE OF COLORADO,CONSIDERING THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 10 AS BEARING N 00`22'35" E WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE NORTHWEST CORNER OF SAID SECTION 10. THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION:THENCE,S 89°48'02"E 2646.43 FEET ON AND ALONG THE NORTH LINE OF THE NORTHWEST 1/4 TO THE NORTH 1/4 CORNER OF SAID SECTION 10,ALSO BEING THE SOUTH LINE OF THE SEVEN SPRINGS/HAHN ANNEXATION TO THE CITY OF FORT COLLINS AND THE SOUTH LINE OF THE HAHN ANNEXATION TO THE CITY OF FORT COLLINS: THENCE, S 00°49'45" W 1329.57 FEET ON AND ALONG THE CENTER 1/4 LINE TO EAST 1/16 CORNER OF SAID SECTION 10,ALSO REPRESENTING IN PART THE WESTERLY LINE OF THE FOSSIL CREEK ESTATES ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,N 89°45'49" W 2635.92 FEET ON AND ALONG THE CENTER 1/16 LINE TO THE WEST 1/16 CORNER OF SAID SECTION 10; THENCE, S 88°54'47" W 30.01 FEET ON AND ALONG THE CENTER 1/16 LINE OF THE NORTHEAST 1/4 OF SECTION 9 TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE FOR THE SOUTH TAFT HILL ROAD; THENCE, N 00°22'35" E 1327.80 FEET ON AND ALONG SAID RIGHT-OF- WAY LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 9; THENCE, N 88°55'15" E 30.01 FEET ON AND ALONG SAID NORTH LINE TO THE NORTHWEST CORNER OF SAID SECTION 10, ALSO BEING A PORTION OF THE SOUTH LINE OF SAID SEVEN SPRINGS / HAHN ANNEXATION, TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION. be, and hereby is, annexed to the City of Fort Collins and made a part of said City,to be known as the Cathy Fromme Natural Area First Annexation. 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 6th day of November, A.D. 2001, and to be presented for final passage on the 20th day of November, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of November, A.D. 2001. Mayor ATTEST: City Clerk 2 ORDINANCE NO. 178, 2001 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 CATHY FROMME NATURAL AREA FIRST 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 Cathy Fromme Natural Area First Annexation to the City of Fort Collins, Colorado, in the Public Open Lands District(POL) Zone District, which property is more particularly described as situate in the County of Larimer,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 NORTHWEST 1/4 OF SECTION 10 AND A PORTION OF SECTION 9,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, CONSIDERING THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 10 AS BEARING N 00°22'35" E WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE NORTHWEST CORNER OF SAID SECTION 10, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION:THENCE,S 89'48'02"E 2646.43 FEET ON AND ALONG THE NORTH LINE OF THE NORTHWEST 1/4 TO THE NORTH 1/4 CORNER OF SAID SECTION 10,ALSO BEING THE SOUTH LINE OF THE SEVEN SPRINGS/HAHN ANNEXATION TO THE CITY OF FORT COLLINS AND THE SOUTH LINE OF THE HAHN ANNEXATION TO THE CITY OF FORT COLLINS: THENCE, S 00°49'45" W 1329.57 FEET ON AND ALONG THE CENTER 1/4 LINE TO EAST 1/16 CORNER OF SAID SECTION 10,ALSO REPRESENTING IN PART THE WESTERLY LINE OF THE FOSSIL CREEK ESTATES ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,N 89°45'49"W 2635.92 FEET ON AND ALONG THE CENTER 1/16 LINE TO THE WEST 1/16 CORNER OF SAID SECTION 10; THENCE, S 88'54'47" W 30.01 FEET ON AND ALONG THE CENTER 1/16 LINE OF THE NORTHEAST 1/4 OF SECTION 9 TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE FOR THE SOUTH TAFT HILL ROAD; THENCE, N 00°22'35" E 1327.80 FEET ON AND ALONG SAID RIGHT-OF- WAY LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 9; THENCE, N 88°55'15" E 30.01 FEET ON AND ALONG SAID NORTH LINE TO THE NORTHWEST CORNER OF SAID SECTION 10, ALSO BEING A PORTION OF THE SOUTH LINE OF SAID SEVEN SPRINGS / HAHN ANNEXATION, TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION. 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 6th day of November, A.D. 2001, and to be presented for final passage on the 20th day of November, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of November, A.D. 2001. Mayor ATTEST: City Clerk i a I ; 1 j POL w i I I SITE UE I I' �II I �I Qri-^ OUT II 9 II LLD I � I cinity Map N 08/26/98 #40-98 Cathy Fromme Natural Area First Annexation & Zoning 1" = 1000' RESOLUTION 2001-146 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE CATHY FROMME NATURAL AREA SECOND ANNEXATION WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Cathy Fromme Natural Area Second 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 fords 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 Cathy Fromme Natural Area Second 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 6th day of November, A.D. 2001. Mayor ATTEST: City Clerk • ORDINANCE NO. 179,2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE CATHY FROMME NATURAL AREA SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2001-126,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 WEST 1/2 OF SECTION 10,TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER,STATE OF COLORADO,CONSIDERING THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10 AS BEARING N 00°48' 26" E WITH ALL BEARING HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE SOUTHWEST CORNER OF SAID SECTION 10; THENCE,N 89° 1 F 17" E 90.00 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH TAFT HILL ROAD; THENCE,N 00° 48' 26" E 1337.89 FEET ON AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TAFT HILL ROAD TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 10,THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, N 89' 41' 57" E 2583.99 FEET ON AND ALONG SAID SOUTH LINE OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 TO A POINT OF INTERSECTION WITH THE CENTER 1/4 LINE OF SAID SECTION 10; THENCE,N 00° 01' 03" W 1314.29 FEET ON AND ALONG SAID CENTER 1/4 LINE OF SECTION 10 TO A POINT OF INTERSECTION WITH THE CENTER 1/4 LINE OF SAID SECTION 10 , THENCE,N 00°01'03"W 1322.14 FEET CONTINUING ON AND ALONG SAID CENTER 1/4 LINE OF SECTION 10 TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THE CATHY FROMME NATURAL AREA FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,N 89°45'49" W 2545.87 FEET ON AND ALONG SAID NORTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 10 TO A • POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH TAFT HILL ROAD, ALSO BEING THE EAST LINE OF COYOTE RIDGE SECOND ANNEXATION TO THE CITY OF FORT COLLINS;THENCE, S 00°48'35"W 1322.88 FEET ON AND ALONG SAID EASTERLY RIGHT-OF- WAY LINE OF SAID SOUTH TAFT HILL ROAD TO A POINT OF INTERSECTION WITH THE CENTER 1/4 LINE OF SAID SECTION 10; THENCE, S 00° 48' 26" W 1337.89 FEET ON AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TAFT HILL ROAD TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 155.96 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 Cathy Fromme Natural Area Second Annexation. 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 6th day of November, A.D. 2001, and to be presented for final passage on the 20th day of November, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of November, A.D. 2001. Mayor ATTEST: City Clerk 2 ORDINANCE NO. 180, 2001 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 CATHY FROMME NATURAL AREA SECOND 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 Cathy Fromme Natural Area Second Annexation to the City of Fort Collins,Colorado,in the Public Open Lands District(POL)Zone District,which property is more particularly described as situate in the County of Larimer,State of Colorado,to wit: A TRACT OF LAND SITUATE IN THE WEST 1/2 OF SECTION 10,TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER,STATE OF COLORADO,CONSIDERING THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10 AS BEARING N 00°48' 26" E WITH ALL BEARING HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE SOUTHWEST CORNER OF SAID SECTION 10; THENCE,N 89° 11' 17" E 90.00 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH TAFT HILL ROAD; THENCE,N 00° 48' 26" E 1337.89 FEET ON AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TAFT HILL ROAD TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 10,THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, N 89° 41' 57" E 2583.99 FEET ON AND ALONG SAID SOUTH LINE OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 TO A POINT OF INTERSECTION WITH THE CENTER 1/4 LINE OF SAID SECTION 10; THENCE,N 00° 01' 03" W 1314.29 FEET ON AND ALONG SAID CENTER 1/4 LINE OF SECTION 10 TO A POINT OF INTERSECTION WITH THE CENTER 1/4 LINE OF SAID SECTION 10 , THENCE,N 00'01'03"W 1322.14 FEET CONTINUING ON AND ALONG SAID CENTER 1/4 LINE OF SECTION 10 TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THE CATHY FROMME NATURAL AREA FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,N 89'45'49"W 2545.87 FEET ON AND ALONG SAID NORTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 10 TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH TAFT HILL ROAD, ALSO BEING THE EAST LINE OF COYOTE RIDGE SECOND ANNEXATION TO THE CITY OF FORT COLLINS;THENCE, S 00'48'35" W 1322.88 FEET ON AND ALONG SAID EASTERLY RIGHT-OF- WAY LINE OF SAID SOUTH TAFT HILL ROAD TO A POINT OF INTERSECTION WITH THE CENTER 1/4 LINE OF SAID SECTION 10; THENCE, S 00' 48' 26" W 1337.89 FEET ON AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TAFT HILL ROAD TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 155.96 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 6th day of November, A.D. 2001, and to be presented for final passage on the 20th day of November, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of November, A.D. 2001. Mayor ATTEST: City Clerk i 1 I j I I CATHY FROMME PRAIRIE NATURAL AREA 7LARIMEERLANDFILL Cn SITE �C m J� LARIMER COU �TY LANDFILL 0 __ % Cn W T ILBY RD v II j RIDGE NATURAL AREA � -L �I 1 1� i 12/7/00 N . #40-98A Cathy Fromme Natural Area Second Annexation & Zoning 1 " = 1000'