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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/06/2001 - ITEMS RELATING TO THE FOSSIL CREEK WETLANDS NATURA ITEM NUMBER: 27 A-C AGENDA ITEM SUMMARY DATE: November 6, 2001 FORT COLLINS CITY COUNCIL STAFF: Troy W. Jones SUBJECT: Items Relating to the Fossil Creek Wetlands Natural Area Second Annexation and Zoning. RECOMMENDATION: Staff and the Planning and Zoning Board recommend adoption of the Resolution and Ordinances on First Reading. EXECUTIVE SUMMARY: A. Resolution 2001-147 Setting Forth Findings of Fact and Determinations Regarding the Fossil Creek Wetlands Natural Area Second Annexation. B. Hearing and First Reading of Ordinance No. 181, 2001, Annexing Property Known as the Fossil Creek Wetlands Natural Area Second Annexation to The City of Fort Collins. C. Hearing and First Reading of Ordinance No. 182, 2001, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Fossil Creek Wetlands Natural Area Second Annexation. BACKGROUND: This is a request for a 100% voluntary annexation. The site is approximately 24.74 acres of publicly owned property located south of Trilby Road, east of Timberline Road, north of Carpenter Road, and west of I-25. The recommended zoning is Public Open Lands (POL). The property is located within 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, the City will annex property within the UGA when the property is eligible for annexation according to Colorado Revised Statutes (CRS). Contiguity This property is eligible for annexation according to CRS, requiring 1/6 contiguity to the existing city limits. The Fossil Creek Wetlands Annexation and Zoning complies with this standard since the property has 823 feet of its total boundary of approximately 4099 feet contiguous to the existing City limits. This meets the minimum 683 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Greenstone Annexation (January 1993). i DATE: November 6, 2001 2 ITEM NUMBER: 27 A-C Zoning The property is currently zoned AP-Airport District in Larimer County. The requested zoning for this annexation is the Public Open Lands District(POL). The City's adopted Structure Plan, a part of City Plan, designates the site as Rural/Open Lands and Stream Corridors. A zoning designation of POL is therefore consistent with the Structure Plan designation. The Planning and Zoning Board Hearing The Planning and Zoning Board voted 5-0 on July 19, 2001, to approve the annexation. RESOLUTION 2001-147 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE FOSSIL CREEK WETLANDS 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 Fossil Creek Wetlands 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 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 Creek Wetlands 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. 181, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE FOSSIL CREEK WETLANDS NATURAL AREA SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2001-124,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 LOCATED IN THE SOUTHWEST QUARTER OF SECTION 17 AND A PORTION OF SECTION 20, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO; BEING MORE PARTICULARLY DESCRIBED AS: CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17 AS BEARING NORTH 00°06'05" WEST WITH ALL BEARINGS HEREIN RELATIVE THERETO: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 17; THENCE, N 88°55'25" E 30.00 FEET ON AND ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 17 TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, S 01°11'14" W 40.03 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 32, ALSO BEING CONTIGUOUS WITH THE EASTERLY LINE OF THE GREENSTONE ANNEXATION TO THE CITY OF FORT COLLINS FOR A DISTANCE OF 30.00 FEET; THENCE, N 88°55'25" E 871.58 FEET ON AND ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 32;THENCE,01°04'35"W 40.00 FEET ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 32 TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 17; THENCE, N 88°55'25" E 356.50 FEET ON AND ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 32; THENCE, N 03°51'06" W 292.20 FEET; THENCE, N 06°24'06" W 173.80 FEET; THENCE,N 10°54'06" W 356.00 FEET; THENCE,N 45'54'06" W 131.40 . FEET; THENCE,N 81°29'06" W 178.40 FEET; THENCE, S 83°44'54" W 151.10 FEET; THENCE, S 79'25'54" W 590.40 FEET; THENCE, S 72°24'54" W 125.84 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF- WAY LINE OF COUNTY ROAD 11,ALSO BEING THE EASTERLY LINE OF SAID GREENSTONE ANNEXATION;THENCE,S 00°06'05"W 791.94 FEET ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 11 TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 24.74 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 Creek Wetlands 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. 182,2001 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 FOSSIL CREEK WETLANDS 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 Fossil Creek Wetlands Natural Area Second Annexation to the City of Fort Collins, Colorado, in the POL (Public Open Lands) Zone District, which property is more particularly described as situate in the County of Larimer,State of Colorado, to wit: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 17 AND A PORTION OF SECTION 20, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO; BEING MORE PARTICULARLY DESCRIBED AS: CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17 AS BEARING NORTH 00°06'05" WEST WITH ALL BEARINGS HEREIN RELATIVE THERETO: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 17; THENCE,N 88-55-25" E 30.00 FEET ON AND ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 17 TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, S 0l°l F 14" W 40.03 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 32, ALSO BEING CONTIGUOUS WITH THE . EASTERLY LINE OF THE GREENSTONE ANNEXATION TO THE CITY OF FORT COLLINS FOR A DISTANCE OF 30.00 FEET; THENCE, N 88°55'25" E 871.58 FEET ON AND ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 32;THENCE,01°04'35"W 40.00 FEET ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 32 TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 17; THENCE, N 88°55'25" E 356.50 FEET ON AND ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 32; THENCE, N 03°51'06" W 292.20 FEET; THENCE, N 06°24'06" W 173.80 FEET; THENCE,N 10°54'06" W 356.00 FEET; THENCE,N 45-54-06" W 131.40 FEET; THENCE,N 81°29'06" W 178.40 FEET; THENCE, S 83°44'54" W 151.10 FEET; THENCE, S 79`25'54" W 590.40 FEET; THENCE, S 72°24'54" W 125.84 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF- WAY LINE OF COUNTY ROAD 11,ALSO BEING THE EASTERLY LINE OF SAID GREENSTONE ANNEXATION;THENCE,S 00°06'05"W 791.94 FEET ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 11 TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 24.74 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� ■ ���� ■ � - . , ♦ :� . ' ��\\�� � \ wwwwR•�n��vw;wx-.�� ����� • ■ . • 1 � • • ♦ � - - • �