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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 11/21/2017 - SECOND READING OF ORDINANCE NO. 149, 2017, ANNEXINAgenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY November 21, 2017 City Council STAFF Jason Holland, City Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 149, 2017, Annexing the Property Known as the Fox Hills Second Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance unanimously adopted on First Reading on November 7, 2017, annexes 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. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 7, 2017 (w/o attachments) (PDF) 2. Ordinance No. 149, 2017 (PDF) Agenda 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. ATTACHMENT 1 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) -1- 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, 1227.04 FEET; -2- 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 -3- Passed and adopted on final reading on the 21st day of November, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk