HomeMy WebLinkAboutFOSSIL LAKE ANNEXATION NO. 1 - 33-01 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSATTACHMENT"C"
ATTORNEY CERTIFICATION
March, Liley & Olive, P.C., by Lucia A. Liley, an attorney licensed to practice in the State of
Colorado, hereby certifies that we have examined the records of the Clerk and Recorder of Larimer
County, Colorado and have verified that the signer of this Petition for Fossil Lake Annexation No. 1 to the
City of Fort Collins is the owner of the area proposed for annexation. Furthermore, we certify that said
owner constitutes 100% of the land owners in the area proposed for annexation, as said area is described
on Attachment "A" of said Petition for Fossil Lake Annexation No. 1, and owns 100% of the land in said
area, exclusive of streets and alleys.
MARCH. LIL-EYA OLIVE P.C.
By
WIN�
�_
ATTACHMENT "B"
STATE OF COLORADO)
) ss.
COUNTY OF LARIMER )
The undersigned, being first duly sworn upon her oath states:
That she was the circulator of the attached Petition for Fossil Lake Annexation No. 1 and the each
signature thereon is the signature of the person whose name it purports to be.
4L�-
Dianne Rule
Subscribed and sworn to before me this !K day of krAA11JAH1A 12002.
WITNESS my hand and official seal.
M o
Cofnm6sion Expiration Notary u c
ATTACHMENT"A"
FOSSIL LAKE ANNEXATION NO. 1
LEGAL DESCRIPTION
A parcel of land located in the Northwest Quarter (NW1/4) of Section Nine (9) and the Southwest
Quarter (SW1/4) of Section Four (4), Township Six North (T6N), Range Sixty-eight West (R68W)
of the Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more
particularly described as follows:
BEGINNING at the North Quarter (N1/4) Corner of said Section 9 and assuming the North line of
said NW1/4 to bear North 87059'40" West with all bearings here in relative thereto:
THENCE South 00000'42" West along the East line of said NW1/4 a distance of 1945.03 feet;
THENCE North 89059'18" West a distance of 28.55 feet;
THENCE North 00000'42" East a distance of 1904.00 feet;
THENCE North 87059'40" West a distance of 667.44 feet;
THENCE North 02000'20" East a distance of 72.00 feet to the North Right -of -Way (ROW) of
Larimer County Road (LCR) #36;
THENCE South 87059'40" East along said North ROW a distance of 693.50 feet; .
THENCE South 00000'42" West a distance of 30.02 feet to the POINT OF BEGINNING.
Said Fossil Lake Annexation No. 1 contains 2.396 acres more or less (±)
Subdivision Development Agreement recorded June 7, 1999 at Reception No. 99049838, the Subdivision
Improvement Agreement recorded June 7, 1999 at Reception No. 99049839, and Addendum A to
Subdivision Improvement Agreement and Development Loan Agreement recorded June 7, 1999 at
Reception No. 99049840, all regarding Fossil Lake P.U.D., First Filing, and the Subdivision Development
Agreement recorded June 11, 2001 at Reception No. 2001056411 regarding Fossil Lake P.U.D., Second
Filing (the "Development Agreements"); (iii) the extended period of vesting as agreed to in the
Development Agreements; and (iv) the terms of the Petition for Fossil Lake Annexation No. 1. In the
event that such ordinance does not contain such provisions at the time of the commencement of the roll
call of the City Council for the vote upon second reading of such ordinance, then this petition shall
thereupon be null and void and the annexation proceedings resulting therefrom shall automatically
terminate and be of no force and effect whatsoever.
WHEREFORE, said Petitioner requests that the Council of the City of Fort Collins approve the
annexation of the Fossil Lake Annexation No. 1 described on Attachment "A". Furthermore, the Petitioner
requests that the Fossil Lake Annexation No. 1 be placed in the Low Density Mixed -Use Neighborhood
District (L-M-N) pursuant to the Land Use Code of the City of Fort Collins.
)((Check box if applicable). The Petitioner reserves the right to withdraw this Petition for Fossil
Lake Annexation No. 1 and its signature therefrom at any time prior to the commencement of the roll call
of the City Council for the vote upon the second reading of the annexation ordinance.
The Petitioner signing this Petition for Fossil Lake Annexation No. 1 represents that it owns the
area described on Attachment "A".
IN WITNESS WHEREOF, I have executed this Petition for Fossil Lake Annexation No. 1 on the
date indicated below:
PETITIONER/OWNER: EVERLINE, LLC, a Colorado limited liability company
By: DOUBLE E&G, INC., Mana r
INC.,
By:
David Ever"itt, President
DATE OF SIGNATURE: I` D,Z
MAILING ADDRESS: 3030 S. S. College Avenue
Fort Collins. CO 80525
IpS,pv,
PETITION FOR FOSSIL LAKE ANNEXATION NO. 1
THE UNDERSIGNED (hereinafter referred to as the "Petitioner') hereby petitions the Council of
the City of Fort Collins, Colorado for the annexation of an area consisting of approximately 2.396± acres
(hereinafter referred to as the "Fossil Lake Annexation No. 1") to the City of Fort Collins. The Fossil Lake
Annexation No. 1 is more particularly described on Attachment "A" attached hereto and incorporated
herein by reference.
A. The Petitioner alleges:
That it is desirable and necessary that the Fossil Lake Annexation No. 1 be
annexed to the City of Fort Collins.
2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S. exist or have
been met.
3. That not less than one -sixth (1/6) of the perimeter of the Fossil Lake Annexation
No. 1 is contiguous with the boundaries of the City of Fort Collins.
4. That a community of interest exists between the Fossil Lake Annexation No. 1
and the City of Fort Collins.
5. That the Fossil Lake Annexation No. 1 is urban or will be urbanized in the near
future.
6. That the Fossil Lake Annexation No. 1 is integrated with or capable of being
integrated with the City of Fort Collins.
7. That the Petitioner herein comprises one hundred percent (100%) of the
landowners of the Fossil Lake Annexation No. 1 and owns one hundred percent
(100%) of the Fossil Lake Annexation No. 1, excluding public streets, alleys and
lands owned by the City of Fort Collins.
8. That the City of Fort Collins shall not be required to assume any obligations
respecting the construction of water mains, sewer lines, gas mains, electric
service lines, streets or any other services or utilities in connection with the Fossil
Lake Annexation No. 1 except as may be provided by the ordinances of the City
of Fort Collins.
B. As an express condition of annexation, Petitioner consents to inclusion into the Municipal
Subdistrict, Northern Colorado Water Conservancy District (the "Subdistrict') pursuant to §37-45-136(3.6)
C.R.S. Petitioner acknowledges that, upon inclusion into the Subdistrict, the Fossil Lake Annexation No. 1
will be subject to the same mill levies and special assessments as are levied or will be levied on other
similarly situated property in the Subdistrict at the time of inclusion of the Fossil Lake Annexation No. 1.
Petitioner agrees to waive any right to an election which may exist pursuant to Article X, §20 of the
Colorado Constitution before the Subdistrict can impose such mill levies and special assessments as it
has the authority to impose. Petitioner also agrees to waive, upon inclusion, any right which may exist to
a refund pursuant to Article X, §20 of the Colorado Constitution.
C. It is an express condition of annexation that the ordinance approving the annexation of
the Fossil Lake Annexation No. 1 shall recite that the Fossil Lake Annexation No. 1 shall be permitted to
develop in accordance with (i) the Final Plat and Utility Plans for Fossil Lake P.U.D., First Filing and Fossil
Lake P.U.D., Second Filing, as approved by Larimer County: (ii) the terms and conditions of the
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Transfer of Development Units (TDU) Program
Sending/Receiving Areas Map
NOT TO SCALE
MAP LEGEND
0 AREAS NOT IN TDU PROGRAM
Q SENDING AREA
I® RECEIVING AREA
0 OPEN WATER
Q 100 YEAR FLOOD PLAIN
INTERSTATE AND US HIGHWAYS
/V MAJOR COUNTY ROADS
, FORT COLLINS UGA BOUNDARY
N STUDY AREA BOUNDARY
Date: March,1998
I'ARFNEIZSIII I' 1WIWI,
I.ANC) USE.
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No Text
Fossil Lake Annexation No. 1, file #33-01
January 17, 2002 P & Z Meeting
Page 5
(2) warranted by changed conditions within the neighborhood surrounding and
including the subject property.
The property is currently zoned FA-1 Farming District in Larimer County. The
requested zoning for this annexation is the LMN - Low Density Mixed Use
Neighborhood District. The City's adopted Structure Plan, a part of the
Comprehensive Plan, suggests that a Low Density Mixed Use Residential
Neighborhood is appropriate for this location.
5. City Council Hearings:
City Council hearings on this proposed annexation and zoning will be held on the following
dates:
Initiating Resolution
First Reading
Second Reading
January 15, 2002
February 19, 2002
March 5, 2002
FINDINGS OF FACT/CONCLUSION:
1. The area meets all criteria included in Colorado State Law to qualify for a voluntary
annexation to the City of Fort Collins.
2. The annexation of this area is consistent with the policies and agreements between
Larimer County and the City of Fort Collins as contained in the Intergovernmental
Agreement for the Fort Collins Urban Growth Management Area.
3. The proposed annexation is consistent with the applicable criteria in the Fort Collins
Land Use Code.
4. The requested LMN — Low Density Mixed Use Neighborhood Zoning District is
consistent with the City's Structure Plan.
5. The property is located within and will be subject to the Fossil Creek Reservoir Area
Plan.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Board forward a recommendation to the
City Council to approve the Fossil Lake Annexation No. 1 with a zoning of LMN — Low
Density Mixed Use Neighborhood Zoning District.
Fossil Lake Annexation No. 1, file #33-01
January 17, 2002 P & Z Meeting
Page 4
development approval, eligible for voluntary annexation to the City. An
"Annexation Agreement" is a standard form (Exhibit 2 of the IGA) that the
County requires to be signed by the developer of a County development that is
approved for property inside the GMA.
B. IGA Section 6 — Applications for Development Within the GMA Zoning District.-
(1) IGA Section 6(B) - The County may accept development applications for lands
located within any area that is part of a "receiving area" established through an
adopted subarea plan for any Larimer County Transferable Density Units
Program. At such time as the County requires the landowner in a receiving area
to request annexation to the City, the City will process the annexation petition.
The land constituting the Fossil Lake PUD First and Second Filings and the
adjacent County Road rights -of -way is the same area that the applicant is
requesting to annex with all three Fossil Lake Annexations (No.1, No.2, and
No3). Fossil Lake PUD First and Second Filings were both approved
developments in the county's "receiving area."
4. Land Use Code Standards
A. LUC Section 2.12 Annexation of Land - This section of the Land Use Code requires:
(1) that the annexation of lands be in accordance with state law,
(2) that the Planning and Zoning Board shall hold a hearing on the matter and report
a recommendation to the City Council, and
(3) that a recommendation on the proper zoning for the lands be provided.
The annexation conforms to the requirements in the Colorado Revised Statutes
(CRS). This hearing will be the forum through which the Planning and Zoning
Board will forward a recommendation to Council. The recommended zoning is LMN
- Low Density Mixed -Use Neighborhood.
B. LUC Section 2.9 Amendment to the Zoning Map — This section of the Land Use
Code requires that any amendment to the Zoning Map involving the zoning or
rezoning of 640 acres of land or less (a quasi-judicial zoning/rezoning) shall be
recommended for approval by.the Planning and Zoning Board or approved by the
City Council only if the proposed amendment is:
(1) consistent with the City's Comprehensive Plan; and/or
Fossil Lake Annexation No. 1, file #33-01
January 17, 2002 P & Z Meeting
Page 3
B. CRS 31-12-107 —Petitions for Annexation:
The petition for annexation meets this CRS section which requires that the petition
include an allegation that the signers of the petition comprise the landowners of more
than 50% of the territory included in the area proposed to be annexed, exclusive of
streets, and the signatures of such land owners.
C. Colorado Constitution, Article Il, Section 30 — The Poundstone Amendment:
The petition for annexation meets this Constitutional requirement in that the petition
includes an allegation that the signers of the petition comprise more than 50% of the
landowners of the territory included in the area proposed to be annexed, and the
signatures of such land owners.
3. Intergovemmental Agreement Between Fort Collins and Larimer County
A. IGA Section 8 - Annexations:
(1) IGA Section 8(A) - It is the City's intent to annex properties within the GMA as
expeditiously as possible. Except as provided in Section 8(B), the City agrees to
consider the annexation of any parcel or parcels of land within the GMA which
are eligible for voluntary annexation pursuant to state law.
(2) IGA Section 8(B) - The City agrees it will not annex property within the Fossil
Creek Reservoir Planning Area (south of Kechter Road and east of Timberline
Road) unless the County either requires the landowner to petition for annexation
or requests that the City consider annexation.
(3) IGA Section 8(C) - The City agrees to annex all County Road rights -of -way,
easements, etc. adjacent to a voluntary annexation in accordance with state law.
(4) IGA Section 8(D)] - The City agrees to pursue involuntary annexation of any
parcel that becomes eligible for involuntary annexation.
(5) IGA Section 8(E) - The City agrees to pursue annexation of any eligible parcel
whose owner has signed an annexation agreement.
(6) IGA Section 8(F) - The County agrees that the City, in its sole discretion, (except
as provided in Section 8(B)) may annex outside the GMA.
(7) IGA Section 8(G) - The County agrees to require a binding agreement for future
annexation in the form attached as Exhibit 2 as a condition of approval of any
development application requiring approval by the Larimer County Board of
Commissioners, which is located within the GMA but is not, at the time of
Fossil Lake Annexation No. 1, file #33-01
January 17, 2002 P & Z Meeting
Page 2
COMMENTS:
1. Background:
The surrounding zoning and land uses as follows:
N: FA-1 Farming District in Larimer County - existing agricultural, future regional park
and high school,
S: FA-1 Farming District in Larimer County — Fossil Lake PUD First and Second
Filings,
E: LMN — existing agricultural, future neighborhood park, future elementary school,
FA-1 Farming District - existing agricultural ,
W: FA-1 Farming District — — Fossil Lake PUD First and Second Filings.
The Fossil Lake Annexation No. 1 consists of approximately 2.396 acres of publicly and
privately owned property. This annexation includes a 693.5 foot long portion of the Kechter
Road right-of-way, and a 28.55 feet wide strip of land along the eastern portion the Fossil
Lake PUD 2"d Filing subdivision.
The property is located within the Fort Collins Urban Growth Management Area (UGMA)
and in the Fossil Creek Reservoir Planning Area. The Fossil Creek Reservoir Area Plan
(jointly adopted by the City and County) specifies that development applications for lands
within the Fossil Lake Reservoir Planning Area that are south of Kechter Road and East of
Timberline Road will be processed by the County in accordance with Larimer County
Development Standards for the Fossil Creek Reservoir Area in the Fort Collins Growth
Manangement Area, and that the City will not annex the land until such development
applications has obtained final plat approval and the transaction of certain Transferred
Development Units (TDUs) has taken place.
Staff is recommending that this property be included in the Residential Neighborhood Sign
District, which was established for the purpose of regulating signs for non-residential uses
in certain geographical areas of the City which may be particularly affected by such signs
because of their predominantly residential use and character. A map amendment would
be necessary to place this property within the Residential Neighborhood Sign District Map.
2 State Law — Colorado Revised Statutes (CRS) & The Colorado Constitution
A. CRS 31-12-104 —Eligibility for Annexation:
This property is eligible for annexation according to CRS, requiring 1/6 contiguity to the
existing City limits. This annexation application complies with this standard since the
property has 890.55 feet of its total boundary of approximately 5340.54 feet contiguous
to the existing City limits. This exceeds the minimum 890.09 feet required to achieve
1/6 contiguity. This contiguity occurs through a common boundary with the Staley
Annexation (May 2001).
ITEM NO. 3
r,-
�. MEETING DATE 1/17/02
STAFF Troy Jones
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT:
OWNER / APPLICANT:
Fossil Lake Annexation No. 1, file #33-01
Stanley K Everitt
Everline LLC
3030 S. College Ave.
Fort Collins, CO 80525
PROJECT DESCRIPTION:
C0/v7yNv
FD
Annexation and zoning of approximately 2.396 acres of publicly and privately owned
property located within the Kechter Road right-of-way, and along the eastern edge of the
Fossil Lake PUD 2Id Filing subdivision. The recommended zoning is the LMN — Low -
Density Mixed Use Neighborhood. The property is located within the Fossil Creek
Reservoir Area Planning boundary.
RECOMMENDATION:
Staff recommends approval of the annexation and recommends that the property be
placed in the LMN — Low Density Mixed Use Neighborhood Zoning District.
EXECUTIVE SUMMARY:
The annexation application complies with the applicable state law, the Intergovernmental
Agreement between Fort Collins and Larimer County, and the applicable criterion in the
Fort Collins Land Use Code. The property is undeveloped and is in the FA-1 Farming
District in Larimer County. The recommended zoning is the LMN — Low -Density Mixed
Use Neighborhood. This is a 100% voluntary annexation.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box580 Fort Collins, CO80522-0580 (970)221-6750
PLANNING DEPARTMENT