HomeMy WebLinkAboutFOSSIL CREEK WETLANDS NAT. AREA - ANNEXATION & ZONING - 13-99 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSStatement of Principles and Policies and Consistency with the City Structure Plan
For the
Fossil Creek Annexation and Zoning
August 5, 1999
The following principles and related policies are extracted from "City Plan: Fort Collins, Colorado
Comprehensive Plan," and are reiterated to show the conformance of this petition for annexation with the
city's documented intentions.
PRINCIPLE NOL-2: Open lands are important in providing the city with a well-defined edge,
establishing community separators, directing growth, and preserving rural character.
Policy NOL-2.1 Conservation Tools. The City will purchase open lands and/or development rights and
use conservation easements and other such tools, for the purpose of defining community edges. Such open
lands include areas for passive or limited recreation for non -athletic purposes, agricultural land, and natural
areas.
PRINCIPLE GM-2: The City will consider the annexation of new territory into the City limits when the
annexation of such property conforms to the vision, goals, and policies of City Plan.
Policy GM-2.1 Annexation Policies. The City Council will weigh the following factors when considering
the annexation of new land into the incorporated limits:
• Statutory requirements. The property must meet -all statutory requirements for annexation
according to the laws of the State of Colorado.
• Property to be annexed located within the Community Growth Management Area. The
property must be currently located within the Community Growth Management Area
boundary, or the boundary must be amended by actions of the City (and County, if necessary)
before the City approves the proposed annexation.
ATTACHMENT "C"
ATTORNEY CERTIFICATION
(,4.0 c. ECr c)m,y tJ an attorney licensed to practice in the State of
Colorado, hereby certify that I have examined the records of the Clerk and Recorder of Larimer
County, Colorado and have verified that the signers of this Annexation Petition for the area referred
to as the F�r�,c C2PfK" W t rt^ujos Annexation to the City of Fort Collins are owners of
real property in the area proposed for annexation. Furthermore, I certify that said owners constitute
more than 50% of the landowners in the area proposed for annexation, as said area is described on
Attachment "A" of said Annexation Petition, and own more than 50% of.the land in said area,
exclusive of streets and alleys.
79� 7
Date
Signature Attorney Reg. No.
ATTACHMENT "B"
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The undersigned, being first duly sworn upon his oath states:
a That he was the circulator of the attached Petition for Annexation and that each
signature therein is the signature of the person whose name it purports to be.
Subscribed and sworn to before me this day of UI 199 `� by
WITNESS my hand and official seal.
SAID PARAGON ESTATES P.U.D.; THENCE, N 59 29' 41" W 610.10 FEET ON AND ALONG
THE SOUTHERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.; THENCE, N 83 14,0711
W 236.10 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARAGON
ESTATES P.U.D.; THENCE, N 02 10'14" W 1045.07 FEET ON AND ALONG THE WESTERLY
BOUNDARY OF SAID PARAGON ESTATES P.U.D. TO A POINT OF INTERSECTION WITH
THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID EAST TRILBY ROAD; THENCE, N 01 08'
46" W 30.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE
NORTHEAST 1/4 OF SAID SECTION 18; THENCE, N 01 08' 46" W 50.00 FEET TO A POINT OF
-INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID EAST TRILBY
ROAD; THENCE, S 88 51' 14" W 568.40 FEET ON AND ALONG THE NORTHERLY RIGHT-OF-
WAY LINE OF SAID EAST TIMBERLINE ROAD; THENCE, S 01 08' 46" E 50.00 FEET TO A
POINT OF INTERSECTION WITH THE NORTH LINE OF SAID SECTION 18, THE TRUE POINT
OF BEGINNING FOR THIS DESCRIPTION;
CONTAINING 90.43 ACRES MORE OR LESS.
ATTACHMENT "A"
LEGAL DESCRIPTION FOR
FOSSIL CREEK WETLANDS NATURAL AREA ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado, to -wit:
A TRACT OF LAND SITUATE IN THE NORTHEAST 1/4 OF SECTION 18, THE NORTHWEST
-1/4 OF SECTION 17 AND THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 6 NORTH, RANGE
68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF
COLORADO; CONSIDERING THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 18 AS
a BEARING N 88 51' 14" E, WITH ALL BEARINGS HEREIN RELATIVE THERETO IS
CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE NORTH 1/4 CORNER
OF SAID SECTION 18: THENCE, N 88 51' 14" E 149.17 FEET TO THE TRUE POINT OF
BEGINNING FOR THIS DESCRIPTION; THENCE, S 01 08' 46" E 30.00 FEET TO A POINT ON
THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST TRILBY ROAD, ALSO BEING A POINT ON
THE EASTERLY LINE OF THE UNION PACIFIC SOUTH FOURTH ANNEXATION TO THE
CITY OF FORT COLLINS; THENCE, S 00 33' 22" E 1833.78 FEET ON AND ALONG THE
EASTERLY LINE OF SAID UNION PACIFIC SOUTH FOURTH ANNEXATION TO A POINT OF
CURVATURE; THENCE, ALONG A SPIRAL CURVE CONCAVE TO THE EAST WITH
DEFINED LINE FROM THE POINT OF CURVATURE TO A POINT OF TANGENCE WHICH
BEARS S 01 16' 28" E 186.44 FEET, A LENGTH OF 186.45 FEET, A DELTA ANGLE OF 02 27'
00", ALSO BEING ON AND ALONG THE EASTERLY LINE OF SAID UNION PACIFIC SOUTH
FOURTH ANNEXATION TO A POINT OF CURVATURE; THENCE, ALONG A TANGENT
CURVE CONCAVE TO THE EAST WITH A LENGTH OF 584.41 FEET, A RADIUS OF 2092.01
FEET, A DELTA ANGLE OF 16 00' 21" AND A LONG CHORD WHICH BEARS S 11 12' 16" E.
582.52 FEET, ALSO BEING THE EASTERLY LINE OF SAID UNION PACIFIC SOUTH FOURTH
ANNEXATION, TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE
NORTHEAST 1/4 OF SAID SECTION 18, ; THENCE, N 89 36' 23" E 2305.90 FEET ON AND
ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18, ALSO BEING THE
NORTHERLY LINE OF THE GREENSTONE ANNEXATION TO THE CITY OF FORT COLLINS,
TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH
TIMBERLINE ROAD; THENCE, CONTINUING N 89 36' 23" E 50.00 FEET TO THE EAST 1/4
CORNER OF SAID SECTION 18, ALSO BEING THE NORTHERLY LINE OF SAID
GREENSTONE ANNEXATION; THENCE, N 89 35' 14" E 30.00 FEET ON AND ALONG THE
SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 17, ALSO BEING THE
NORTHERLY LINE OF THE GREENSTONE ANNEXATION; THENCE, N 00 01' 35" W 1084.61
FEET ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TIMBERLINE
ROAD; THENCE, S 89 35' 14" W 30.00 FEET TO A POINT OF INTERSECTION WITH THE EAST
LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18; THENCE, S 89 58' 25" W 50.00 FEET TO
THE WESTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TIMBERLINE ROAD; THENCE, N 85
01' 14" W 784.30 FEET ON AND ALONG THE SOUTHERLY BOUNDARY LINE OF PARAGON_
ESTATES P.U.D. A SUBDIVISION IN LARIMER COUNTY; THENCE, N 65 39' 59" W 80.00
FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.;
THENCE, N 85 01' 14" W 218.83 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF
.a
Individual Petitioners signing this Petition represent that they own the portion(s) of the area described
on Attachment "A" as more particularly described below:
A tract of land situate in the County of Latimer, State of Colorado, to -wit:
See Legal Description on Attachment "A."
IN WITNESS WHEREOF, Uwe have executed this Petition for Annexation this % day of
199'�_.
City of Fort Collins, Colorado
A Municipal Corporation
By: Q-0- a -
John F. Fis bach, City Manager
City of Fort Collins, Colorado
P.O. Box 580
Fort Collins, CO 80522-0580
0a
PETITION FOR ANNEXATION COPY
THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the Council of the
City of Fort Collins, Colorado for the annexation of an area, to be referred to as the Fossil Creek Wetlands
Annexation to the City of Fort Collins. Said area, consisting of approximately 90.43 acres, is more particularly
described on Attachment "A", attached hereto.
The Petitioners allege:
That it is desirable and necessary that such area be annexed to the City of Fort Collins.
2. That the requirements of Sections 31-12-104 and 31-12-105, C.R.S., exist or have been met.
a 3. That not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous
with the boundaries of the City of Fort Collins.
4. That a community of interest exists between the area proposed to be annexed and the City of Fort
Collins.
5. That the area to be annexed is urban or will be urbanized in the near future.
6. That the area proposed to be annexed is integrated with or capable of being integrated with the
City of Fort Collins.
7. That the Petitioners herein comprise more than fifty percent (50%) of the landowners in the area
and own more than fifty percent (50%) of the area to be annexed, 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 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 proposed to be annexed except as may be
provided by the ordinance of the City of Fort Collins.
Further, as an express condition of annexation, Petitioners consent to the inclusion into the Municipal
Subdistrict, Northern Colorado Water Conservancy District (the "Subdistrict") pursuant to §37-45-136(3.6)
C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners' property 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 Petitioners' lands. Petitioners agree 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. Petitioners also agree to waive, upon
inclusion, any right which may exist to a refund pursuant to Article X, §20 of the Colorado Constitution.
WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the
annexation of the area described on Attachment "A". Furthermore, the Petitioners request that said area be
placed in the POL - Public Open Lands Zone District pursuant to the Land Use Code of the City of Fort Collins.
El (Check box if applicable.) The Petitioners reserve the right to withdraw this petition and their
signatures 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.
VICINITY MAP 07/15/99
#13-99 Fossil Creek Wetlands Natural Area
Annexation & Zoning
1"=600'
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VICINITY MAP
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07/16/99
#13-99 Fossil Creek Wetlands Natural Area
Annexation & Zoning
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Fossil Creek Wetlands Annexation & Zoning, File # 13-99
October 21, 1999 P & Z Meeting
Page 3
RECOMMENDATION:
Staff recommends that the Planning and Zoning Board forward a recommendation to the
City Council to approve the Fossil Creek Wetlands Annexation with a zoning designation
of Public Open Lands (POL).
Fossil Creek Wetlands Annexation & Zoning, File # 13-99
October 21, 1999 P & Z Meeting
Page 2
contiguity occurs through a common boundary with the Union Pacific South Fourth
Annexation (May 1988), and the Greenstone Annexation (January 1993).
The surrounding zoning and land uses as follows:
N: FA-1 Farming District in Larimer County — existing agricultural, single family housing
(Paragon Estates),
S: POL — existing Fossil Creek Wetland Natural Area,
E: FA-1 Farming District in Larimer County — existing agricultural,
W: POL — existing Union Pacific Railroad tracks, existing Fossil Creek Wetland Natural
Area.
2. Zoning and Analysis:
The property is currently zoned FA-1 Farming District in Larimer County. The requested
zoning for this annexation is the Public Open Lands District (POL). The City's adopted
Structure Plan, a part of City Plan, designates the site as Rural/Open Lands and Stream
Corridors. A zoning designation of POL is consistent with the Structure Plan designation
of Rural/Open Lands and Stream Corridors.
3. 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
November 2, 1999
December 7, 1999
December 21, 1999
FINDINGS OF FACT/CONCLUSION:
1. 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 Area.
2. The area meets all criteria included in Colorado Revised Statutes to qualify for a
voluntary annexation to the City of Fort Collins.
3. The requested Public Open Lands (POL) is in conformance with the policies of City
Plan and is consistent with the Structure Plan.
ITEM NO. 6
MEETING DATE 10/21/99
STAFF Troy Jones
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Fossil Creek Wetlands Annexation & Zoning, File # 13-99
APPLICANT: City of Fort Collins
OWNERS: City of Fort Collins
PROJECT DESCRIPTION: Annexation and zoning of approximately 90.43 acres of
publicly owned property located south of East Trilby Road and west Timberline Road. The
recommended zoning is Public Open Lands (POL), and it is adjacent to a larger piece of
Public Open Lands.
RECOMMENDATION: Staff recommends approval of the annexation and recommends
that the property be placed in the Public Open Lands District (POL).
EXECUTIVE SUMMARY:
1. 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 Area.
2. The area meets all criteria included in Colorado Revised Statutes to qualify for a
voluntary annexation to the City of Fort Collins.
3. The requested Public Open Lands (POL) is in conformance with the policies of City
Plan and is consistent with the Structure Plan.
COMMENTS:
1. Background:
The property is located within the Fort Collins Urban Growth Area (UGA). According to
policies and agreements between the City of Fort Collins and Larimer County, contained in
the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN
GROWTH AREA, the City will annex property within the UGA when the property is eligible
for annexation according to Colorado Revised Statutes (CRS). This property is eligible for
annexation according to CRS, requiring 1/6 contiguity to the existing city limits. The Fossil
Creek Wetlands Annexation and Zoning complies with this standard since the property has
4,990.54 feet of its total boundary of approximately 9,858.02 feet contiguous to the existing
City limits. This meets the minimum 1,643 feet required to achieve 1/6 contiguity. This
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT