HomeMy WebLinkAboutFOSSIL CREEK RESERVOIR OPEN SPACE - ANNEXATION & ZONING: INITIATING RESOLUTION - 4-08 - REPORTS - RECOMMENDATION/REPORTNOTICE
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a
Resolution initiating annexation proceedings forthe Fossil Creek Reservoir Open Space Annexation,
said Annexation being more particularly described in said Resolution, a copy of which precedes this
Notice.
That, on May 20, 2008, at the hour of 6:00 p.m., or as soon thereafter as the matter may come
on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins,
Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and
zoning request for the purpose of finding and determining whether the property proposed to be
annexed meets the applicable requirements of Colorado law and is considered eligible for annexation
and for the purpose of determining the appropriate zoning for the property included in the
Annexation. At such hearing, any persons may appear and present such evidence as they may desire.
The Petitioner has requested that the Property included in the Annexation be placed in the
Public Open Lands ("POL") Zone District.
The City of Fort Collins will make reasonable accommodations for access to City services,
programs and activities and will make special communication arrangements for persons with
disabilities. Please call 221-6515 (TDD 224-6001) for assistance.
Dated this 15th day of April, A.D. 2008.
City Clerk
of annexation and zoning ordinances pertaining to the above described property. The City Clerk is
directed to publish a copy of this Resolution and said Notice as provided in the Municipal
Annexation Act.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th
day of April A.D. 2008.
ATTEST:
City Clerk
Mayor
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THENCE continuing along the said south Right of Way line, being a line which is
30.00 feet south of and parallel with the north line of the northeast quarter of the said
Section 21, South 86 degrees 38 minutes 47 seconds East for a distance of 215.00
feet to the west line of the said tract described at Reception NO. 92041166;
THENCE along the west and south lines ofthe said tract described at Reception NO.
92041166 the following three (3)courses and distances, (1)South 03 degrees 21
minutes 13 seconds West for a distance of 15.00 feet;
(2)South 86 degrees 38 minutes 47 seconds East for a distance of 50.00 feet;
(3)South 03 degrees 21 minutes 13 seconds West for a distance of 15.00 feet;
THENCE continuing along the said south line and along the said south line of the
tract described at Reception No. 92039354, South 86 degrees 38 minutes 47 seconds
East for a distance of 393.17 feet;
THENCE continuing along the said south line as described at Reception No.
92039354, along a curve to the left having a radius of 5790.00 feet a central angle of
O1 degrees 47 minutes 39 seconds and an arc length of 181.30 feet, being subtended
by a chord of South 87 degrees 32 minutes 36 seconds East for a distance of 181.29
feet to the Point of Beginning; Containing 326.319 acres more or less.
TOGETHER WITH:
With the above described basis of bearings;
Commencing at the southeast corner of the said Section 16;
THENCE along the east line of the said Section 16, as shown on the said Survey Plat
of Fossil Creek Reservoir, North 00 degrees 32 minutes 46 seconds East for a
distance of 3248.48 to the said southerly line of the Fossil Creek Reservoir, and to
the TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE continuing along the said east line of Section 16, North 00 degrees 32
minutes 46 seconds East for a distance of 329.62 to the said southerly line of the
Fossil Creek Reservoir;
THENCE along the said southerly line the following five (5) courses and distances,
(1) North 85 degrees 35 minutes 14 seconds West for a distance of 123.42;
(2) South 61 degrees 42 minutes 01 seconds West for a distance of 290.00;
(3) South 65 degrees 12 minutes 01 seconds West for a distance of 224.50;
(4) South 82 degrees 31 minutes 29 seconds East for a distance of 279.11;
(5) South 76 degrees 45 minutes 29 seconds East for a distance of 310.57 to the point
of beginning. Containing 2.426 acres more or less.
The above described annexation contains a total of 328.745 acres more or less.
Section 2. That the Council hereby finds and determines that the annexation petition and
accompanying map are in substantial compliance with the Municipal Annexation Act.
Section 3. That the Notice attached hereto be adopted as a part of this Resolution. Said
Notice establishes the date, time and place when a public hearing will be held regarding the passage
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(20)South 33 degrees 40 minutes 46 seconds West for a distance of 405.60 feet;
(21)South 87 degrees 20 minutes 16 seconds West for a distance of 384.40 feet;
(22)North 69 degrees 58 minutes 44 seconds West for a distance of 407.00 feet;
(23)North 62 degrees 09 minutes 59 seconds West for a distance of 284.51 feet;
(24)North 80 degrees 25 minutes 14 seconds West for a distance of 137.89 feet
(previously recorded as 138.93 feet) to the west line of the said Section 16;
(25)along the said west line and continuing along the said southerly line of the Fossil
Creek Reservoir, North 00 degrees 31 minutes 41 seconds East for a distance of
19.77 feet (previously recorded as 19.60 feet);
(26)North 88 degrees 45 minutes 41 seconds West for a distance of 506.08 feet
(previously recorded as 505.00 feet);
(27)North 80 degrees 19 minutes 14 seconds West for a distance of 465.00 feet;
(28)South 81 degrees 33 minutes 46 seconds West for a distance of 377.00 feet;
(29)North 78 degrees 37 minutes 14 seconds West for a distance of 434.00 feet to the
westerly line of that certain tract of land as described in a Public Trustee's Deed
recorded December 27, 1990 at Reception No. 90060837 records of the said Clerk
and Recorder;
THENCE leaving the said southerly line of the Fossil Creek Reservoir and along the
said westerly line as recorded at Reception No. 90060837 and its southerly extension,
South 00 degrees 43 minutes 55 seconds West for a distance of 1171.28 feet to the
southerly Right of Way of Carpenter Road as described in a Warranty Deed recorded
January 27,1999 at Reception No. 99007575 records of the said Clerk and Recorder;
THENCE along the said southerly Right of Way, South 49 degrees 04 minutes 18
seconds East for a distance of 1249.46 feet to the said southerly Right of Way of
Carpenter Road as shown on the Plat of Fossil Lake PUD First Filing South Property,
being a line which is 30.00 feet south of and parallel with the north line of the
northeast quarter of the said Section 20;
THENCE continuing along the said southerly Right of Way, North 89 degrees 45
minutes 50 seconds East for a distance of 815.95 feet;
THENCE continuing along the said southerly Right of Way, being a line which is
30.00 feet south of and parallel with the north line of the northwest quarter of the said
Section 21, South 86 degrees 41 minutes 40 seconds East for a distance of 2652.67
feet to the west line of that certain tract of land described in a Deed of Dedication
recorded July 9, 1992 at Reception NO. 92039354 records of the said Clerk and
Recorder;
THENCE along the said west line, South 00 degrees 33 minutes 06 seconds West for
a distance of 30.04 feet to the south line of the said tract described at Reception NO.
92039354;
THENCE along the said south line and along the south line of that certain tract of
land described in a Deed of Dedication recorded July 16, 1992 at Reception NO.
92041166 records of the said Clerk and Recorder, South 86 degrees 38 minutes 47
seconds East for a distance of 1811.73 feet to the east line of the said tract described
at Reception NO.92041166;
THENCE along the said east line, North 03 degrees 21 minutes 13 seconds East for
a distance of 30.00 feet;
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west line of that certain tract of land as described in a Deed of Dedication recorded
August 13,1992 at Reception No. 92049221 records of the said Clerk and Recorder;
THENCE along the said west line, South 00 degrees 35 minutes 27 seconds West for
a distance of 1.36 feet to the south line of the said tract described at Reception No.
92049221;
THENCE along the said south line, along a non -tangent curve to the left having a
radius of 5790.00 feet a central angle of 01 degrees 10 minutes 55 seconds and an arc
length of 119.43 feet, being subtended by a chord of South 89 degrees 37 minutes 47
seconds East for a distance of 119.43 feet;
THENCE continuing along the said south line, North 89 degrees 46 minutes 48
seconds East for a distance of 1264.10 feet to the west line of the existing State
Highway (1-25) right of way;
THENCE along the said State Highway right of way the following three (3) courses
and distances, (1) North 81 degrees 14 minutes 44 seconds West for a distance of
170.44 feet;
(2) North 00 degrees 08 minutes 51 seconds West for a distance of 35.53 feet;
(3) North 89 degrees 41 minutes 04 seconds East for a distance of 51.27 feet;
THENCE continuing along the said State Highway right of way, and along the
westerly line of that certain tract of land described in a Special Warranty Deed
recorded December 28, 2005 at Reception No. 20050110472 records of the said
Clerk and Recorder, North 00 degrees 34 minutes 46 seconds East for a distance of
204.22 feet to the southerly line of the Fossil Creek Reservoir as shown on a Survey
Plat by James H. Stewart, PLS dated January 29, 1975;
THENCE along the said southerly line the following 29 courses and distances, (1)
North 61 degrees 32 minutes 14 seconds West for a distance of 437.39 feet;
(2) North 45 degrees 29 minutes 14 seconds West for a distance of 490.00 feet;
(3) North 56 degrees 50 minutes 14 seconds West for a distance of 405.00 feet;
(4) North 43 degrees 10 minutes 14 seconds West for a distance of 355.00 feet to the
east line of the said Section 16 Township 6 North Range 68 West;
(5) along the said east line, North 00 degrees 32 minutes 46 seconds East for a
distance of 5.34 feet;
(6) North 44 degrees 25 minutes 14 seconds West for a distance of 653.21 feet;
(7) North 01 degrees 58 minutes 29 seconds West for a distance of 604.02 feet;
(8) North 45 degrees 06 minutes 29 seconds West for a distance of 246.58 feet;
(9) North 71 degrees 32 minutes 44 seconds West for a distance of 328.65 feet;
(10)South 63 degrees 24 minutes 46 seconds West for a distance of 195.40 feet;
(11)South 77 degrees 28 minutes 01 seconds West for a distance of 301.55 feet;
(12)South 67 degrees 12 minutes 31 seconds West for a distance of 373.70 feet;
(13)South 89 degrees 10 minutes 46 seconds West for a distance of 382.55 feet;
(14)South 09 degrees 11 minutes 31 seconds West for a distance of 430.50 feet;
(15)South 86 degrees 38 minutes 31 seconds West for a distance of 601.85 feet;
(16)South 71 degrees 48 minutes 01 seconds West for a distance of 205.40 feet;
(17)North 76 degrees 24 minutes 29 seconds West for a distance of 243.00 feet;
(18)North 65 degrees 11 minutes 44 seconds West for a distance of 374.20 feet;
(19)North 56 degrees 57 minutes 59 seconds West for a distance of 369.25 feet;
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RESOLUTION 2008-037
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR THE
FOSSIL CREEK RESERVOIR OPEN SPACE ANNEXATION
WHEREAS, a written petition, together with four (4) prints of an annexation map, was
heretofore filed with the City Clerk requesting the annexation of certain property to be known as the
Fossil Creek Reservoir Open Space Annexation; and
WHEREAS, the Council of the City of Fort Collins desires to initiate annexation proceedings
in accordance with law.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby accepts the annexation petition for the Fossil Creek
Reservoir Open Space Annexation, more particularly described as situate in the County of Larimer,
State of Colorado, to wit:
A tract of land located in Sections 15, 16, 17, 20, 21, and 22 all in Township 6 North,
Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more
particularly described as follows;
Considering the north line of the northeast quarter of the said Section 21 as bearing
North 86 degrees 38 minutes 47 seconds West between a 3.25" Aluminum Cap
monument at the northeast comer of Section 21 and a 3.25" Aluminum Cap
monument at the north quarter corner of Section 21, based upon GPS observation and
the City of Fort Collins coordinate base, and with all bearings contained herein
relative thereto;
Commencing at the said northeast corner of Section 21;
THENCE along the east line of the said northeast quarter of Section 21, South 00
degrees 29 minutes 35 seconds West for a distance of 57.23 feet to the south line of
that certain tract of land described in a Deed of Dedication recorded July 9,1992 at
Reception NO. 92039354 records of the Clerk and Recorder of the said Larimer
County, and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE continuing along the said east line of the northeast quarter, South 00
degrees 29 minutes 35 seconds West for a distance of 0.28 feet to the existing south
right of way of Carpenter Road as dedicated by the Plat of Fossil Creek Farm M.L.D.
No. 00-S 1539;
THENCE along the said existing south right of way, North 89 degrees 41 minutes 04
seconds East for a distance of 59.91 feet (previously recorded as 60.00 feet) to the
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April 16, 2008 -2- Item No.10
of the reservoir; FAl — Farming in Larimer County to the northwest; R — Residential, M —
Multifamily, C — Commercial and T — Tourist in Larimer County to the east; and AP — Airport in
Latimer County to the south.
The property is located within the Fort Collins Growth Management Area. According to policies
and agreements between the City of Fort Collins and Larimer County contained in the
Intergovernmental Agreement for the Fort Collins Growth Management Area, the City will agree
to consider annexation of property in the UGA when the property is eligible for annexation
according to State law. This property gains the required 1 /6 contiguity to existing City limits from
a common boundary with the Fossil Lake Annexation No. 3 (March, 2002) to the north of the
reservoir. Per Colorado Revised Statutes (CRS) 31-12-106 Annexation of Enclaves, Partially
Surrounded Land, and Municipally Owned Land, contiguity is not affected by the existence of such
reservoir or water body.
The Current Planning department hosted a public neighborhood information meeting on Monday,
March 10, 2008 to discuss the proposed annexation. No interested parties attended this meeting.
Planning and Zoning Board Recommendation:
The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request
at its regular monthly meeting on April 17, 2008, and will make a recommendation at that time. The
Board's recommendation will be forwarded to the City Council for First Reading of the annexation
and zoning ordinances on May 20, 2008.
ATTACHMENTS
1. Vicinity Map
2. City Boundary and Proposed Zoning.
3. Growth Management Area.
4. Structure Plan.
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
SUBJECT
ITEM NUMBER: 10
DATE: April 16, 2008
STAFF: Shelby Sommer
Resolution 2008-037 Finding Substantial Compliance and Initiating Annexation Proceedings for the
Fossil Creek Reservoir Open Space Annexation.
RECOMMENDATION
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY
Fossil Creek Reservoir Regional Open Space is located on the south side of Fossil Creek Reservoir
and north of Carpenter Road (Highway 392). This Resolution makes a finding that the voluntary
petition for annexation for the Fossil Creek Reservoir Open Space substantially complies with the
Municipal Annexation Act, determines that a hearing on May 20, 2008 should be established
regarding the annexation, and directs that notice be given of the hearing. The hearing will be held
at the time of first reading of the annexation and zoning ordinances. Not less than thirty days of
prior notice is required by State law. 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, the Larimer County and City of Fort Collins Intergovernmental Agreements, the City of Fort
Collins Land Use Code, and the Fossil Creek Reservoir Area Plan. There are no issues or known
controversies associated with this annexation.
Applicants:
Property Owners:
BACKGROUND
City of Fort Collins
Larimer County
City of Fort Collins
Larimer County
The City of Fort Collins and Larimer County are joint owners of the Fossil Creek Reservoir
Regional Open Space properties. The City of Fort Collins and Larimer County have submitted a
written petition requesting annexation of 328.75 acres located on the south side of Fossil Creek
Reservoir and north of Carpenter Road (Highway 392). The property is preserved as regional open
space and features minimal development including public trails and parking, and maintenance and
office facilities associated with the open space program. The proposed zoning for this annexation
is POL — Public Open Lands. The surrounding properties are currently zoned T — Transition north