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HomeMy WebLinkAboutCOYOTE RIDGE 1ST ANNEXATION & ZONING - 43-98 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSPRINCIPLES AND POLICIES FOR COYOTE RIDGE FIRST ANNEXATION 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. ATTACHMENT "C" ATTORNEY CERTIFICATION I, 1'kwc, &-I,/. , 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 Coyote Ridge First 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. Furthermore, I certify that said owners constitute more that 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. O ! % 42) Date Signature Attorney Reg. No. ATTACHMENT "B" STATE OF COLORADO) SS. COUNTY OF LARIMER) The undersigned being first duly sworn upon his oath states That (s)he was the circulator of the attached tition for Annexation and that each signature therein is the signature of the person whose n me it purp s to be. - \ Circul for J Subscribed and sworn to before me this day 20D b d✓�� — y r = lti -tom WITNESS my hand and official seal. mmission Expiration C 4Notary7bl ,PRY Ptj: GEORGIANA J. DEINES VN_ ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: A TRACT OF LAND SITUATE IN THE WEST % OF SECTION 10 AND A PORTION OF SECTION 9, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, CONSIDERING THE WEST LINE OF SAID SECTION 10 AS BEARING N 000 48' 34" E WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE NORTH 1/16TH CORNER OF SECTIONS 9 AND 10, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, S 89' 21' 16" W 30.01 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH TAFT HILL ROAD; THENCE, S 00' 48' 34" W 500.00 FEET ON AND ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TAFT I4ILL ROAD; THENCE, S 030 21' 59" E 823.89 FEET TO A POINT OF INTERSECTION WITH THE CENTER 1/4 LINE OF SAID SECTION 10; THENCE, N 04' 58' 11" E 826.97 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TAFT HILL ROAD; THENCE, N 00' 48' 34" E 509.00 FEET ON AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TAFT HILL ROAD TO A POINT OF INTERSECTION WITH THE NORTH 1/16TH LINE OF SAID SECTION, ALSO BEING THE WESTERLY LINE OF THE CATHY FROMME SECOND NATURAL AREA ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 89' 19' 51" W 90.02 FEET ON AND ALONG SAID 1/16 LINE, ALSO BEING THE SOUTHERLY LINE OF THE CATHY FROMME NATURAL AREA ANNEXATION TO THE CITY OF FORT COLLINS, TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION, CONTAINING 2.51 ACRES MORE OR LESS. Individual Petitioners signing this Petition represent that they own the portion(s) of the area described on Attachment "A" as more particularly described below: See Legal Description on Attachment "A" IN WITNESS WHEREOF, I/we have executed this Petition for Annexation this 2- day of , 200/. Board of Comm issioners-Qf�;arimer County By:( Cheryl Olson, Chair Larimer County, Colorado P O Box 1190 Fort Collins, Colorado 80522-1190 PETITION FOR ANNEXATION 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 Coyote Rid e First Annexation to the City of Fort Collins. Said area, consisting of approximately nine (2.5) 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. 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. ❑ (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. No Text U GA i Fromme 1 st ation Larimer County Landfill kCathy Fromme 2nd Annexation I Landfill Expansion Area — - -- U) Coyote Ridge 2nd Annexation Vicinity Map #43-98 Coyote Ridge 1st Annexation and Zoning LUC 12/20/00 N 1 "=1000' A Coyote Ridge 1st Annexation & Zoning, #43-98 April 5, 2001 P & Z Meeting Page 3 enclave, approximately 1,621 acres, will be within the UGA. A small portion of the enclave, approximately 160 acres, is located outside the UGA. The creation of this enclave will enable the City to have the authority to involuntarily annex this portion of urbanized county land once the enclave has existed for at least three years. Please refer to the attached map titled "Cathy Fromme & Coyote Ridge Annexations" for a diagram of all the annexations together, and the affected enclave area. 6. City Council Hearings: City Council hearings on this proposed annexation and zoning will be held on the following dates: Initiating Resolution March 6, 2001 First Reading April 17, 2001 Second Reading May 1, 2001 FINDINGS OF FACT/CONCLUSION: 1. The area meets all criteria included in Colorado Revised Statutes 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 Area. 3. The annexation request complies with all applicable Land Use Code criteria. 4. The requested Public Open Lands (POL) zone district is in conformance with the policies of City Plan and is consistent with the Structure Plan. RECOMMENDATION: Staff recommends approval of the annexation and recommends that the property be placed in the Public Open Lands (POL) zone district. Coyote Ridge 1st Annexation & Zoning, #43-98 April 5, 2001 P & Z Meeting Page 2 2. Colorado Revised Statutes: This property is eligible for annexation according to CRS, requiring 1/6 contiguity to the existing city limits. The Coyote Ridge 1 sc Annexation and Zoning complies with this standard since the property has 620.02 feet of its total boundary of approximately 2,770.90 feet contiguous to the City limits. This meets the minimum 461.82 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Cathy Fromme 1st Natural Area Annexation and the Cathy Fromme 2"d Natural Area Annexation. 3. The Intergovernmental Agreement Between Fort Collins and Larimer County: The property is located just outside 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 (Last Amended November 2000), the City may annex property outside the UGA, provided the property is eligible for annexation according to Colorado Revised Statutes (CRS). In the IGA, the city agrees to annex all rights -of -way, easements, etc. adjacent to a voluntary annexation. The proposed annexation is entirely within the South Taft Hill Road right-of-way, therefore does not have any adjacent rights -of -way. 4. Land Use Code Criteria for Annexations: [Section 2.12] — The Planning and Zoning Board shall hold a hearing on the matter of annexations and report recommendations to City Council. Such Report shall include a recommendation on the proper zoning for the lands if the City Council annexes such lands into the city. The requested zoning for this annexation is the Public Open Lands (POL) zone district. [Section 2.9.4(H)] — Any amendment to the Zoning Map involving the zoning or rezoning of six -hundred forty (640) acres of land or less shall be recommended for approval by the City Council only if the proposed amendment is consistent with the City's Comprehensive Plan or warranted by changed conditions surrounding the subject property. 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 this Structure Plan designation. 5. Creation of an Enclave: This annexation is one piece of a larger series of annexations. Together, the Cathy Fromme 1sc and 2nd Annexations and the Coyote Ridge 1st, 2nd 3rd 4cn 5cn and 6cn Annexations will create an enclave approximately 1,781 acres in size. The majority of the _ ITEM NO. MEETING DATE 1 STAFF Troy i iones Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Coyote Ridge 1st Annexation and Zoning, file # 43-98 APPLICANT: City of Fort Collins OWNERS: Larimer County PROJECT DESCRIPTION: This is a request for a 100% voluntary annexation. The site is approximately 2.5 acres of publicly owned property located south of Harmony Road, north of Trilby Road, within the South Taft Hill Road right-of-way. The recommended zoning is Public Open Lands (POL), and it is adjacent to the Cathy Fromme Natural Area Second Annexation which is also proposed to be Public Open Lands. EXECUTIVE SUMMARY: The Coyote Ridge 1st Annexation and Zoning is in substantial compliance with the Colorado Revised Statutes, the Intergovernmental Agreement between Fort Collins and Larimer County, and the Fort Collins Land Use Code. RECOMMENDATION: approval COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: N: FA 1 Farming & 11 Industrial (both Larimer County Zoning) — South Taft Hill Road right-of-way, Cathy Fromme 1st Natural Area Annexation (under review), S: FA 1 Farming (Larimer County Zoning) — South Taft Hill Road right-of-way, Coyote Ridge 2nd Annexation (under review), E: FA 1 Farming (Larimer County Zoning) — Cathy Fromme Prairie Natural Area, Cathy Fromme 2nd Natural Area Annexation (under review), W: 11 Industrial and I Industrial (Larimer County Zoning) — The Larimer County Landfill. The property is located on the boundary line between the FA-1 Farming Zone District and the 1-1 Industrial Zone District in Larimer County. It is not anticipated that any urban level services will need to be extended to the area being annexed other than Police Services to South Taft Hill Road. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. PO. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT