HomeMy WebLinkAboutFOSSIL CREEK RESERVOIR OPEN SPACE - ANNEXATION & ZONING: FIRST READING - 4-08 - REPORTS - RECOMMENDATION/REPORTPassed and adopted on final reading this 3rd day of June, A.D. 2008.
Mayor
ATTEST:
City Clerk
1�•
ORDINANCE NO. 055, 2008
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 RESERVOIR OPEN SPACE 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 2.9 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 is hereby changed and amended by including
the property known as the Fossil Creek Reservoir Open Space 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:
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 is hereby changed and amended by showing that the above -
described property is not included in the Residential Neighborhood Sign District.
Section 3. That the City Manager 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 20th day of
May, A.D. 2008, and to be presented for final passage on the 3rd day of June, A.D. 2008.
Mayor
ATTEST:
City Clerk
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 3745-136(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 20th day of
May, A.D. 2008, and to be presented for final passage on the 3rd day of June, A.D. 2008.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 3rd day of June, A.D. 2008.
ATTEST:
City Clerk
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Mayor
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 of the 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
01 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 comer 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
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Fossil
Creek Reservoir Open Space Annexation, which annexation shall become effective in accordance
with the provisions 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 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,
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(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 of434.00 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 ReceptionNo. 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 southof and parallel withthe north line of the northwest quarter ofthe. 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;
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
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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 are
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;
(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;
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ORDINANCE NO. 054, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
FOSSIL CREEK RESERVOIR OPEN SPACE ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2008-037, 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 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 comer 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
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;
RESOLUTION 2008-045
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE FOSSIL CREEK RESERVOIR OPEN SPACE 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 Reservoir Open Space 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 Reservoir Open Space 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 this 20th
day of May A.D. 2008.
Mayor
ATTEST:
City Clerk
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May 20, 2008 -3- Item No.17 A-C
The annexation of this area is consistent with the policies and agreements between Larimer
County and the City of Fort Collins contained in the Intergovernmental Agreement.
2. The area meets the eligibility requirements included in State law to qualify for a voluntary
annexation to the City of Fort Collins.
3. The requested Zone District, POL — Public Open Lands, in conformance with the City's
Comprehensive Plan and City Structure Plan Map.
4. On April 15, 2008, the City Council adopted a resolution determining the annexation process
for this property that includes a public hearing regarding the readings of the Ordinances
annexing and zoning the area.
ATTACHMENTS
1. Vicinity Map.
2. City Boundary and Proposed Zoning.
3. Growth Management Area.
4. Structure Plan.
May 20, 2008 -2- Item No. 17 A-C
BACKGROUND
The City of Fort Collins and Larimer County are joint owners of the Fossil Creek Reservoir
Regional Open Space properties. The City and Latimer 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 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.
Compliance with Existing Policies and State Law
The property is located within the Fort Collins Growth Management Area. According to policies
and agreements between the City 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 Initiating Resolution was adopted on April 15, 2008. On April 17, 2008 the Planning and
Zoning Board considered the item and recommended annexation of the property and placement in
the POL — Public Open Lands Zone District.
Proposed Zoning
The proposed zoning for this annexation is POL — Public Open Lands, which is consistent with the
City Structure Plan and with recommendations from the adopted Fossil Creek Reservoir Area Plan,
an element of the City's Comprehensive Plan. The surrounding properties are currently zoned:
North of the reservoir: T — Transition;
Northwest: FA1— Farming in Larimer County
E: R — Residential, M — Multifamily, C — Commercial and T — Tourist in
Larimer County; and
S: AP — Airport in Latimer County.
Findings
In evaluating the proposal for the Fossil Creek Reservoir Open Space Annexation and Zoning, staff
makes the following findings of fact:
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
SUBJECT
ITEM NUMBER: 17 A-C
DATE: May 20, 2008
STAFF: Shelby Sommer
Items Pertaining to the Fossil Creek Reservoir Open Space Annexation.
DATION
Staff recommends adoption of the Resolution and the Ordinances on First Reading.
The Planning and Zoning Board, at its regular monthly meeting of April 17, 2008, voted to
recommend approval of the annexation, and include the property in the POL — Public Open Lands
Zone District, as part of the Board's Consent Agenda.
EXECUTIVE SUMMARY
A. Resolution 2008-045 Setting Forth Findings of Fact and Determinations Regarding the
Fossil Creek Reservoir Open Space Annexation and Zoning.
B. Hearing and First Reading of Ordinance No. 054, 2008, Annexing Property Known as the
Fossil Creek Reservoir Open Space Annexation to the City of Fort Collins.
C. Hearing and First Reading of Ordinance No. 055, 2008, Amending the Zoning Map and
Classifying for Zoning Purposes the Property Included in the Fossil Creek Reservoir Open
Space Annexation to the City.
This is a 100% voluntary request to annex 328.75 acres knows as the Fossil Creek Reservoir Open
Space and place the properties POL — Public Open Lands Zone District. 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
Agreement, 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.
Applicant: City of Fort Collins
Property Owners: City of Fort Collins
Larimer County