HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/17/2001 - ITEMS RELATING TO THE CATHY FROMME NATURAL AREA FI AGENDA ITEM SUMMARY ITEM NUMBER: 24 A-B
DATE: April 17, 2001
FORT COLLINS CITY COUNCIL John F. Fischbach
FROM: Troy W. Jones
SUBJECT:
Items Relating to the Cathy Fromme Natural Area First and Second Annexations.
RECOMMENDATION:
Staff and the Planning and Zoning Board recommend adoption of the Resolutions and
Ordinances on First Reading.
EXECUTIVE SUMMARY:
A. Items Relating to the Cathy Fromme Natural Area First Annexation.
1. Resolution 2001-50 Setting Forth Findings of Fact and Determinations Regarding
the Cathy Fromme Natural Area First Annexation.
2. First Reading of Ordinance No. 61, 2001, Annexing Property Known as the Cathy
Fromme Natural Area First Annexation to the City of Fort Collins, Colorado.
3. First Reading of Ordinance No. 62, 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 to the City of Fort Collins,
Colorado.
B. Items Relating to the Cathy Fromme Natural Area Second Annexation.
1. Resolution 2001-51 Setting Forth Findings of Fact and Determinations Regarding
the Cathy Fromme Natural Area Second Annexation.
2. First Reading of Ordinance No. 63, 2001, Annexing Property Known as the Cathy
Fromme Natural Area Second Annexation to the City of Fort Collins, Colorado.
3. First Reading of Ordinance No. 64, 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 to the City of Fort Collins,
Colorado.
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 is approximately 81 acres, and Cathy Fromme
DATE: April 17, 2001 2 ITEM NUMBER: 24 A-B
Natural Area Second 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 (C.R.S.),the following would apply to the enclave area:
• C.R.S. 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 (IGA) between Latimer 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 terms of this Agreement.
• IGA Section 8.1). — 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 C.R.S., requiring 1/6 contiguity to the
existing city limits. The contiguity is achieved as follows:
• The Cathy Fromme Natural Area First Annexation 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 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
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.
DATE: April 17, 2001 3 ITEM NUMBER: 24 A-B
Outside the Urban Growth Area
The property is 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.
Zoning and Analysis
The properties are zoned FA-1 Farming, I-1 Industrial in Latimer 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 Planning 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.
• RESOLUTION 2001-50
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 First 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 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
17th day of April, A.D. 2001.
Mayor
ATTEST:
City Clerk
• ORDINANCE NO. 61, 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 2001-29,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/ OF SECTION 10 AND A
PORTION OF SECTION 9,TOWNSHIP 6 NORTH,RANGE 69 WEST OFTHE 6T"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 SOUTHLINEOFTHE SEVENSPRINGS/HAHNANNEXATIONTO THECITYOF
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 OFINTERSECTION 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.
CONTAINING 3,549,015.89 SQUARE FEET,81.474 ACRES MORE OF 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 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 17th day of
April, A.D. 2001, and to be presented for final passage on the 1st day of May, A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 1st day of May, A.D. 2001.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 62, 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 (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/ OF SECTION 10 AND A
PORTION OF SECTION 9,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE 6T"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 FORTHIS 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 OFTHE SEVEN SPRINGS/HAHN ANNEXATION TO THE CITY OF
FORT COLLINS AND THE SOUTH LINE OFTHE HAHN ANNEXATIONTO 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 INTERS ECTION W ITH 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 NORTHLINE TO THE NORTHWEST CORNEROF 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.
CONTAINING 3,549,015.89 SQUARE FEET,81.474 ACRES MORE OF 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 Director of Engineering 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 17th day of
April, A.D. 2001, and to be presented for final passage on the 1st day of May, A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 1st day of May, A.D. 2001.
Mayor
ATTEST:
City Clerk
RESOLUTION 2001-51
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 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 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
17th day of April, A.D. 2001.
Mayor
ATTEST:
• City Clerk
• ORDINANCE NO. 63, 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 2001-30,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` 11' 17" E 90.00 FEET TO A POINT OF INTERSECTION WITH THE
EASTERLYRIGHT-OF-WAYLINE OFSOUTHTAFTHILLROAD;THENCE,N00°48'
26" E 1337.89 FEET ON AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF
SAID SOUTH TAFT HILL ROAD TO A POINT OFINTERSECTION WITH THE SOUTH
LINE OF THE NORTH 1h 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 1h OF THE SOUTHWEST
1/4 TO A POINT OF INTERSECTION WITH THE CENTER 1/4 LINE OF SAID SECTION
10;THENCE,N 00° Ol'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° OF 03"W 1322.14 FEET CONTINUING ON AND
ALONG SAID CENTER 1/4 LINE OF SECTION 10 TO A POINT OF INTERSECTION
WITH THE 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 OFFORT 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
LINEOFSAID SOUTHTAFTHILL ROAD TO THETRUE 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 17th day of
April, A.D. 2001, and to be presented for final passage on the 1 st day of May, A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 1st day of May, A.D. 2001.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 64, 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 f3*of Fort Ceiiins 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(POL)Zone District,which property
is more particularly described as situate in the County of Latimer, State of Colorado, to wit:
A TRACT OF LAND SITUATE IN THE WEST �/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 HEREINRELATIVETHERETOIS CONTAINED WITHINTHEBOUNDARY
LINE WHICH BEGINS AT THE SOUTHWEST CORNER OF SAID SECTION 10;
THENCE, N 89° IF 17" E 90.00 FEET TO A POINT OF INTERSECTION WITH THE
EASTERLY RIGHT-OF-WAYLINEOFSOUTHTAFTHILL ROAD;THENCE,N00° 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'/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 1A 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
• WITHTHE WITH THENORTH LINE OFTHE SOUTH 1hOFTHENORTHWEST1/40F
SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THE CATHY FROMME
NATURAL AREAFIRSTANNEXATIONTO THECITY OFFORTCOLLINS;THENCE,
N 89' 45'49"W 2545.87 FEET ON AND ALONG SAID NORTH LINE OF THE SOUTH
�/z 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
BEINGTHE EAST LINE OFCOYOTE 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 Director of Engineering 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 17th day of
April, A.D. 2001, and to be presented for final passage on the 1st day of May, A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 1st day of May, A.D. 2001.
Mayor
ATTEST:
City Clerk
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180-98 Cathy Fromme 2nd Natural Area
Annexation and Zoning
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Planning and Zoning Board Minutes RApr
March 15, 2001 i
Page 4
Projects: Cathy Fromme 1st Natural Area Annexation & Zoning,
#40-98
Cathy Fromme 2nd Natural Area Annexation & Zoning,
#40-98A
Coyote Ridge 1st Annexation & Zoning, #43-98
Coyote Ridge 2nd Annexation & Zoning, #43-98A
Coyote Ridge 3`d Annexation & Zoning, #43-98B
Coyote Ridge 4th Annexation & Zoning, #43-98C
Coyote Ridge 5th 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 2nd (156) and Coyote Ridge
1,096.5 Acres (Coyote Ridge 1st (2.5), 2nd (181), 3`d
(161), 4" (192), 5th (325) and 6th(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.
. Planning and Zoning Board Minutes
March 15, 2001
Page 5
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
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 5th
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.
Planning and Zoning Board Minutes
March 15, 2001
Page 6
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
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.
IDI
RAPT
Planning and Zoning Board Minutes
March 15, 2001
Page 7
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
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
Planning and Zoning Board Minutes
� �, Or
March 15, 2001
Page 8
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
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.
. Planning and Zoning Board Minutes
April 5, 2001
Page 3
Projects: Cathy Fromme 1st Natural Area Annexation & Zoning,
#40-98
Cathy Fromme 2nd Natural Area Annexation & Zoning,
#40-98A
Coyote Ridge 1st Annexation & Zoning, #43-98
Coyote Ridge 2nd Annexation & Zoning, #43-98A
Coyote Ridge 3`d Annexation & Zoning, #43-98B
Coyote Ridge 4th Annexation & Zoning, #43-98C
Coyote Ridge 5th 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), 2nd (181), Td
(161), 4th (192), 5th (325) and 61h(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 9th
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 15th
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 4
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 1st 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 1st, Cathy Fromme
2nd, Coyote Ridge 1st, 2nd, P, 0, 50' and 6th 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 5
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.
•