HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/07/2017 - ITEMS RELATING TO THE FOX HILLS SECOND ANNEXATIONAgenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY November 7, 2017
City Council
STAFF
Jason Holland, City Planner
Brad Yatabe, Legal
SUBJECT
Items Relating to the Fox Hills Second Annexation.
EXECUTIVE SUMMARY
A. Resolution 2017-096 Setting Forth Findings of Fact and Determinations Regarding the Fox Hills Second
Annexation.
B. Public Hearing and First Reading of Ordinance No. 149, 2017, Annexing the Property Known as the Fox
Hills Second Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to annex 20.4 acres located approximately 3,300 feet west of the intersection of
County Road 38E (Harmony Road) and Taft Hill Road. into the City. The residents of the Fox Hills subdivision
have petitioned to be annexed into the City of Fort Collins. The annexation area also includes 31 single-family
dwellings and residual open land that are part of the Fox Hills subdivision west of Red Fox Road. The
requested zoning for this annexation is the Residential Foothills (R-F) zone district, which complies with the
City of Fort Collins Structure Plan. The surrounding properties are existing residential uses.
This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to
annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins
Intergovernmental Agreement Regarding Growth Management.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
This is a 100% voluntary annexation for a property located within the Growth Management Area (GMA).
According to policies and agreements contained in the Larimer County and City of Fort Collins
Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA when the
property is eligible for annexation according to State law. The Fox Hills Second Annexation gains the required
1/6 contiguity to existing city limits from a common boundary with the Fox Hills (first) Annexation to the east,
which was annexed in 1994, thus satisfying the requirement that no less than one-sixth of the perimeter
boundary be contiguous to the existing city boundary.
Agenda Item 12
Item # 12 Page 2
The surrounding properties are residential land uses as follows:
Direction Zone District Existing Land Uses
North County Zone District: FA-1
Farming
Wildflower Ridge PUD, County Subdivision,
single-family residential lots
South County Zone District: FA-1
Farming
Westridge Estates PUD
East City Zone District: R-F,
Residential Foothills
Fox Hills 2nd Filing
West County Zone District: FA-1
Farming
Westridge Estates PUD
The main purpose of the annexation is to allow the streets within the Fox Hills subdivision to be maintained by
the City. Residents of the Fox Hills subdivision have funded the necessary street improvements within the
annexation boundary and have coordinated these improvements with City staff.
The Fox Hills neighborhood was developed in two phases. The second phase is located east of Red Fox
Road, and this phase was annexed into the City in 1994 as a precursor to City development approval. The
initial portion of the Fox Hills development is the subject of this annexation and is located west of Red Fox
Road. This portion was developed in the County and was not eligible for annexation at the time of
development.
Because a portion of the Fox Hills development is in the City and the other portion is in the County, this is
causing issues for the residents and the Fox Hills HOA, which are currently responsible for the long term road
maintenance within the County portions of the development. Because the Fox Hills HOA is currently divided
between owners that are located within the City (Fox Hills First Annexation) and those that are outside of the
City in Larimer County west of Red Fox Road, this current division between City and County is not logical for
maintenance across the HOA. This annexation would unify the Fox Hills HOA so that all property would be
within the City of Fort Collins.
Staff also recommends that this property be included in the Residential Neighborhood Sign District, which is a
typical provision with the annexation of residential developments.
CITY FINANCIAL IMPACTS
There are no direct financial impacts as a result of the proposed annexation.
BOARD / COMMISSION RECOMMENDATION
On October 19, 2017, the Planning and Zoning Board voted 7-0 as a consent agenda item to approve the
proposed Fox Hills Second Annexation and Zoning.
PUBLIC OUTREACH
An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code for
the annexation. However, outreach meetings were conducted by the City with area residents to discuss
options for future street maintenance in the area, which was the impetus for this annexation request.
ATTACHMENTS
1. Vicinity Map (PDF)
2. Current Zoning Map (PDF)
3. City Structure Plan Map (PDF)
4. Annexation Cover Letter From Fox Hills HOA (PDF)
5. Annexation Petition (PDF)
Spring Canyon Community Park
Platte Dr
Westridge Dr
Iowa
Red Fox Rd
Idledale Dr
Ohio
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Indiana
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Wyoming
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Luther Ln
Hidden Springs Rd
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City Structure Plan Map
Boundaries
Fort Collins GMA
City Limits
Neighborhoods
Urban Estate
Low Density Mixed-Use
Medium Density Mixed-Use
Edges
Community Separator
Foothills
Rural Lands
Corridors
Open Lands, Parks and Water Corridors
CR 38-E
Annexation - Area 1 inch = 0.3 miles
Taft Hill Rd
Cathy Fromme
Prairie Nat. Area
Annexation
Boundary
Pineridge Nat. Area
ATTACHMENT 3
To:
City of Fort Collins
Fort Collins, Colorado
Re: Fox Hills Second Annexation
This annexation petition is a request to the City of Fort Collins to approve the Fox Hills Second
annexation and zoning as defined in this petition.
The area to be annexed covers a portion of the Fox Hills Home Owners Association (HOA). The Fox Hills
HOA is currently divided between owners that are located within the City (Fox Hills First Annexation) and
those that are outside of the City in Larimer County. This current division between city and county is not
logical for maintenance across the HOA. This annexation would unify the Fox Hills HOA so that all
property would be within the City of Fort Collins. The area to be annexed is in Larimer County and is
within the growth management area for the City of Fort Collins.
The Fox Hills HOA, which is currently responsible for long term road maintenance within the County
portions of the HOA, is currently planning to improve the existing roads to bring them up to acceptable
standards as defined by the City of Fort Collins Infrastructure Services Department. Funding for these
road improvements has already been budgeted and approved by the Fox Hills HOA. These planned road
improvements would avoid any detriment to the City associated with road improvement for this
annexation.
Fox Hills HOA
ATTACHMENT 4
ATTACHMENT 5
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RESOLUTION 2017-096
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE FOX HILLS SECOND ANNEXATION
WHEREAS, pursuant to Resolution 2017-089, annexation proceedings were initiated by
the City Council for property to be known as the Fox Hills Second Annexation (the “Property”);
and
WHEREAS, following notice given as required by law, the City Council held a hearing
on said annexation on November 7, 2017.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the petition for annexation of the
Property complies with the Municipal Annexation Act (the “Act”), Section 31-12-101, et seq.,
Colorado Revised Statutes.
Section 3. That the City 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 the Property is integrated with or is
capable of being integrated with the City.
Section 4. That the City Council further determines that the applicable parts of the
Act have been met, that an election is not required under the Act, and that there are no other
terms and conditions to be imposed upon said annexation.
Section 5. That the City Council further finds that notice was duly given and a
hearing was held regarding the annexation in accordance with the Act.
Section 6. That the City Council concludes that the Property is eligible for
annexation to the City and should be so annexed.
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of November A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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ORDINANCE NO. 149, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING THE PROPERTY KNOWN AS THE
FOX HILLS SECOND ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2017-089, finding substantial compliance and initiating
annexation proceedings for the Fox Hills Second Annexation, as defined therein and described
below, was previously adopted by the City Council; and
WHEREAS, Resolution 2017-096 setting forth findings of fact and determinations
regarding the Fox Hills Second Annexation is being adopted concurrently with the first reading
of this Ordinance; and
WHEREAS, the City Council has determined that it is in the best interests of the City to
annex the property to be known as the Fox Hills Second Annexation (the “Property”) to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby incorporates the findings of Resolution
2017-089 and Resolution 2017-096 and further finds that it is in the best interests of the City to
annex the Property to the City.
Section 3. That the Property, more particularly described as:
A TRACT OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER OF
SECTION 33, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO.
CONSIDERING THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 33, AS BEARING NORTH 89º25'53" EAST AND MONUMENTED AS
SHOWN HEREON WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO:
COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 69
WEST OF THE 6TH P.M.; THENCE ALONG THE NORTH LINE OF SAID EAST
HALF, NORTH 89º25'53” EAST, 617.37 FEET; THENCE DEPARTING SAID LINE,
SOUTH 00º34'07” EAST, 108.71 FEET TO POINT OF BEGINNING, SAID POINT
ALSO LYING ON THE SOUTH RIGHT OF WAY LINE OF WEST COUNTY ROAD
38 E, ALSO BEING A POINT ON THE WEST LINE OF AN ACCESS ROAD PER
BOOK 1899, PAGE 636 LARIMER COUNTY CLERK AND RECORDER; THENCE
ALONG SAID RIGHT OF WAY LINE, NORTH 85º00'00” EAST, 60.22 FEET TO A
POINT ON THE WEST LINE OF FOX HILLS SECOND FILING, ALSO BEING THE
EAST LINE OF AFOREMENTIONED ACCESS ROAD; THENCE ALONG SAID
WEST LINE THE NEXT (2) COURSES AND DISTANCES, SOUTH 00º09'17” EAST,
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1227.04 FEET; THENCE, SOUTH 00º11'08” WEST, 1319.89 FEET TO A POINT ON
THE SOUTH LINE OF FOX HILLS P.U.D.; THENCE ALONG SAID LINE, NORTH
89º48'10” WEST, 619.19 FEET; THENCE ALONG THE WEST LINE OF SAID FOX
HILLS P.U.D.; NORTH 00º11'08” EAST, 1316.09 FEET; THENCE ALONG THE
NORTH LINE OF SAID FOX HILL P.U.D., NORTH 89º50'43” EAST, 559.20 FEET
TO A POINT ON THE WEST LINE OF FOX HILLS P.U.D., SAID LINE ALSO BEING
THE EAST LINE OF WILDFLOWER RIDGE P.U.D.; THENCE ALONG SAID LINE,
NORTH 00º09'17” WEST, 1221.96 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 889,556 SQUARE FEET, OR
20.421 ACRES, MORE OR LESS AND IS SUBJECT TO ALL EASEMENTS AND
RIGHTS-OF-WAY NOW ON RECORD OR EXISTING,
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Fox Hills Second Annexation, which annexation shall become effective upon completion of the
conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required
filings for recording with the Larimer County Clerk and Recorder.
Section 4. That, in annexing the 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 ordinances of the City.
Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S.,
to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water
Conservancy District.
Introduced, considered favorably on first reading, and ordered published this 7th day of
November, A.D. 2017, and to be presented for final passage on the 21st day of November, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 21st day of November, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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S Taft Hill Rd
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W Horsetooth Rd
Zoning Map
Taft Canyon
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1,000 500 0 1,000 Feet
Annexation
Boundary
Fox
Hills
Wild-
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Annexation Boundary
Fox
Hills
Pineridge Nat. Area
Cathy Fromme
Prairie Nat. Area
Legend
Natarea
City Limits
GMA
City Zoning
ZONE
Low Density Mixed-Use Neighborhood (LMN)
Residential Foothills (RF)
Low Density Residential (RL)
Red Fox Road
ATTACHMENT 2
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Lathrop Ct
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S Taft Hill Rd
W County Road 38e
W Horsetooth Rd
Fox Hills Second Annexation
Vicinity Map
Taft Canyon
1,000 500 0 1,000 Feet -
Annexation
Boundary
Fox
Hills
Wild-
flower
Legend
Trails
Natarea
City Limits
GMA
Annexation Boundary
Fox
Hills
Pineridge Nat. Area
Cathy Fromme
Prairie Nat. Area
ATTACHMENT 1