HomeMy WebLinkAboutCATHY FROMME NATURAL AREA, 1ST ANNEXATION & ZONING (SUBMITTED 01/11/2001) - 40-98 - REPORTS - FIRST READING1
Transportation
The Transportation staff estimated three categories of cost for the streets located within
the study area, costs for Arterial Streets, Collector Streets, and Residential Streets.
For arterial streets, costs include overlays, crackseal, surface seals, and
reconstructions. Street sweeping and snow removal are estimated on a cost per mile
basis. Pothole repair and maintenance is also on a per mile basis. The estimated
annual maintenance costs for the study area arterials is about $85,000 per year.
For collector streets the same type of costs have been estimated at about $26,000 per
year.
For residential streets, the City will not do overlays, crackseal, and reconstruction until
the streets are constructed to the City's standards. Street sweeping, snow removal and
pothole maintenance would be about $4,100 per year.
Total estimated costs for all three types of streets would be about $115,000 per year.
In addition to these known maintenance costs, the Transpertation staff identified five
other potential costs: future widenings of streets (street oversizing), long-term
maintenance of future developments, long-term maintenance of existing developments,
long-term maintenance of future widenings, and transit service expansion into the area.
The costs fort these elements have not yet been completed.
Summary of Estimated City Costs
Police Services
Electricity Service
Street Maintenance
Total
Revenue Estimation
1" Year Start Uo Additions to Base Sudoet
$1,500,000 S 1,200,000
$1, 500, 000
1 15,000
$3,000,000 $1,315,000
Prior to undertaking this project, staff reviewed several annexation impact models,
conducted a literature review, and spent a fair amount of time collecting information
about annexation fiscal analysis over the Internet. Several approaches have been
used by other communities. In terms of estimating future revenues, we decided to use
an revenue to land area ratio analysis. Upon full build -out of the study area, this
approach assumes that revenue generation will approximate the existing revenue to
land area presently experienced by the City. We then adjusted the revenue figure
downward due to the fact that a higher proportion of the area.to be annexed will be
Planning and Zoning Board Minutes
March 15, 2001
Page 14
Project Description: Request for Annexation & Zoning of 237 Acres (Cathy
Fromme 1st (81) and 2nd (156)-and Coyote Ridge
1,096.5 Acres Coyote id _e 1 t (2.5)�2 d (181) 3`d
(161), 4t'' (192), 5tt' (325) and-U!�(235). The requested
`zoning is POL, Public Open Lands.
Recommendation: Approval
Hearing Testimony, Written Comments and Other Evidence:
Troy Jones, City Planner gave the staff presentation. He presented graphics of the
proposed annexations. He spoke on the location and surrounding uses. Mr. Jones
stated that this series of annexations would create an enclave of county properties
which the city would have the option three years from the effective date of these
annexations to annex the enclave.
Mr. Jones addressed the question from worksession about why we want this
annexation. The first reason is that the Natural Resource Department currently have '
portions of the Cathy Fromme and Coyote Ridge Natural Areas open to the public.
There are also portions that are not open to the public. This causes some confusion for
enforcement. The rangers that are employees of the Natural Resources Department
police the areas that are open to the public, whereas, the areas not open to the public
are policed by the Sheriff. The Natural Resources Department would like to get the
properties into one jurisdiction so there will be no question about who has authority.
The second is to give the city the option, three years into the future, if Council so
chooses at that point, to be able to annex the enclave created by these annexations.
CITIZEN INPUT
None.
Member Colton stated that these same proposals came up two years ago and there
were serious questions about the implications about doing this in terms of the Urban
Growth Area, policy, cost of road maintenance and the desirability of having an enclave
or not. It went to the Growth Management Committee and they said they did not want
to act on these proposals. He was concerned about these proposals coming back
without having Council specifically give direction for them to come back. He asked why
they are coming back again.
Planner Jones reported that it was his understanding that when the annexations came
forward the first time, the Intergovernmental Agreement between Larimer County and
the City of Fort Collins specifically said that we agree that we won't annex properties
CATHY FROMME PRAIRIE NATURAL AREA
LARIMER COUNTY LANDFILL
SITE
LARIMER COUNTY LANDFILL
RIDGE NATURAL AREA
#40-98A Cathy Fromme
Natural Area Second Annexation & Zoning
Cn
Cn
2
12/7/00 N
lit = 1000'
THENCE, N 00' 01' 03" W 1322.14 FEET CONTINUING ON AND ALONG SAID
CENTER 1/4 LINE OF SECTION 10 TO A POINT OF INTERSECTION WITH
THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID
SECTION 10, ALSO BEING THE SOUTH LINE OF THE CATHY FROMME
NATURAL AREA FIRST ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE, N 89' 45' 49" W 2545.87 FEET ON AND ALONG SAID NORTH LINE
OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 10 TO A
POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF
SOUTH TAFT HILL ROAD, ALSO BEING THE EAST LINE OF COYOTE
RIDGE SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,
S 00° 48' 35" W 1322.88 FEET ON AND ALONG SAID EASTERLY RIGHT-OF-
WAY LINE OF SAID SOUTH TAFT HILL ROAD TO A POINT OF
INTERSECTION WITH THE CENTER 1/4 LINE OF SAID SECTION 10;
THENCE, S 00` 48' 26" W 1337.89 FEET ON AND ALONG SAID EASTERLY
RIGHT-OF-WAY LINE OF SAID SOUTH TAFT HILL ROAD TO THE TRUE
POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 155.96
ACRES MORE OR LESS.
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 be, and the same hereby is, changed and amended by showing
that the above -described property is included in the Residential Neighborhood Sign District.
Section 3. That the City Engineer 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 6th day of
November, A.D. 2001, and to be presented for final passage on the 20th day of November, A.D.
2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of November, A.D. 2001.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 180, 2001
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 CATHY FROMME NATURAL AREA SECOND 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 2.8 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 be, and the same hereby is, changed and
amended by including the property known as the Cathy Fromme Natural Area Second Annexation
to the City of Fort Collins, Colorado, in the Public Open Lands District (POL) Zone District, which
property is more particularly described as situate in the County of Larimer, State of Colorado, to wit:
A TRACT OF LAND SITUATE IN THE WEST 1/2 OF SECTION 10, TOWNSHIP
6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF LARIMER, STATE OF COLORADO, CONSIDERING THE WEST
LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10 AS BEARING 00° 48'
26" E WITH ALL BEARING HEREIN RELATIVE THERETO IS CONTAINED
WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE SOUTHWEST
CORNER OF SAID SECTION 10; THENCE, N 89' 1 P 17" E 90.00 FEET TO A
POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF
SOUTH TAFT HILL ROAD; THENCE, N 00° 48' 26" E 1337.89 FEET ON AND
ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TAFT
HILL ROAD TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF
THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 10, THE TRUE
POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, N 89° 41' 57" E
2583.99 FEET ON AND ALONG SAID SOUTH LINE OF THE NORTH 1/2 OF
THE SOUTHWEST 1/4 TO A POINT OF INTERSECTION WITH THE CENTER
1/4 LINE OF SAID SECTION 10; THENCE, N 00° OF 03" W 1314.29 FEET ON
AND ALONG SAID CENTER 1/4 LINE OF SECTION 10 TO A POINT OF
INTERSECTION WITH THE CENTER 1/4 LINE OF SAID SECTION 10 ,
RIDGE SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,
S 000 48' 35" W 1322.88 FEET ON AND ALONG SAID EASTERLY RIGHT-OF-
WAY LINE OF SAID SOUTH TAFT HILL ROAD TO A POINT OF
INTERSECTION WITH THE CENTER 1/4 LINE OF SAID SECTION 10;
THENCE, S 00° 48' 26" W 1337.89 FEET ON AND ALONG SAID EASTERLY
RIGHT-OF-WAY LINE OF SAID SOUTH TAFT HILL ROAD TO THE TRUE
POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 155.96
ACRES MORE OR LESS.
be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as
the Cathy Fromme Natural Area Second Annexation.
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,
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 37-45-136(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 6th day of
November, A.D. 2001, and to be presented for final passage on the 20th day of November, A.D.
2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of November, A.D. 2001.
ATTEST:
City Clerk
74
Mayor
.t. -
ORDINANCE NO. 179, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
CATHY FROMME NATURAL AREA SECOND ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2001-126, 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 SITUATE IN THE WEST 1/2 OF SECTION 10, TOWNSHIP
6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF LARIMER, STATE OF COLORADO, CONSIDERING THE WEST
LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10 AS BEARING N 000 48'
26" E WITH ALL BEARING HEREIN RELATIVE THERETO IS CONTAINED
WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE SOUTHWEST
CORNER OF SAID SECTION 10; THENCE, N 89° 1 F 17" E 90.00 FEET TO A
POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF
SOUTH TAFT HILL ROAD; THENCE, N 00° 48' 26" E 1337.89 FEET ON AND
ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TAFT
HILL ROAD TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF
THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 10, THE TRUE
POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, N 89° 41' 57" E
2583.99 FEET ON AND ALONG SAID SOUTH LINE OF THE NORTH 1/2 OF
THE SOUTHWEST 1/4 TO A POINT OF INTERSECTION WITH THE CENTER
1/4 LINE OF SAID SECTION 10; THENCE, N 00° 01' 03" W 1314.29 FEET ON
AND ALONG SAID CENTER 1/4 LINE OF SECTION 10 TO A POINT OF
INTERSECTION WITH THE CENTER 1/4 LINE OF SAID SECTION 10 ,
THENCE, N 00° 01' 03" W 1322.14 FEET CONTINUING ON AND ALONG SAID
CENTER. 1/4 LINE OF SECTION 10 TO A POINT OF INTERSECTION WITH
THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID
SECTION 10, ALSO BEING THE SOUTH LINE OF THE CATHY FROMME
NATURAL AREA FIRST ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE, N 89° 45' 49" W 2545.87 FEET ON AND ALONG SAID NORTH LINE
OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 10 TO A
POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF
SOUTH TAFT HILL ROAD, ALSO BEING THE EAST LINE OF COYOTE
RESOLUTION 2001-146
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE CATHY FROMME NATURAL AREA SECOND ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Cathy Fromme Natural Area Second 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 fmds 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 Cathy
Fromme Natural Area Second 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 held this
6th day of November, A.D. 2001.
Mayor
ATTEST:
City Clerk
4
OUT
Vicinity Map
POL
.S
#40-98 Cathy Fromme
Natural Area First Annexation & Zoning
UE
08/26/98 N
1 " =1000'
CREEK ESTATES ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE, N 89°45'49" W 2635.92 FEET ON AND ALONG THE CENTER 1/16
LINE TO THE WEST 1/16 CORNER OF SAID SECTION 10; THENCE, S
88°54'47" W 30.01 FEET ON AND ALONG THE CENTER 1/16 LINE OF THE
NORTHEAST 1/4 OF SECTION 9 TO A POINT OF INTERSECTION WITH THE
WESTERLY RIGHT-OF-WAY LINE FOR THE SOUTH TAFT HILL ROAD;
THENCE, N-00°22'35" E 1327.80 FEET ON AND ALONG SAID RIGHT-OF-
WAY LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF
THE NORTHEAST 1/4 OF SAID SECTION 9; THENCE, N 88`55'15" E 30.01
FEET ON AND ALONG SAID NORTH LINE TO THE NORTHWEST CORNER
OF SAID SECTION 10, ALSO BEING A PORTION OF THE SOUTH LINE OF
SAID SEVEN SPRINGS / HAHN ANNEXATION, TO THE TRUE POINT OF
BEGINNING FOR THIS DESCRIPTION.
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 be, and the same hereby is, changed and amended by showing
that the above -described property is included in the Residential Neighborhood Sign District.
Section 3. That the City Engineer 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 6th day of
November, A.D. 2001, and to be presented for final passage on the 20th day of November, A.D.
2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of November, A.D. 2001.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 178, 2001
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 CATHY FROMME NATT T AT ARRFA FIRST 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 2.8 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 be, and the same hereby is, changed and
amended by including the property known as the Cathy Fromme Natural Area First Annexation to
the City of Fort Collins, Colorado, in the Public Open Lands District (POL) Zone District, which
property is more particularly described as situate in the County of Larimer, State of Colorado, to wit:
A TRACT OF LAND SITUATE IN THE COUNTY OF LARIMER, STATE OF
COLORADO TO -WIT:
A TRACT OF LAND SITUATE IN THE NORTHWEST 1/4 OF SECTION 10 AND
A PORTION OF SECTION 9, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE
6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, CONSIDERING
THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 10 AS BEARING N
00'22'35" E WITH ALL BEARINGS HEREIN RELATIVE THERETO IS
CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE
NORTHWEST CORNER OF SAID SECTION 10, THE TRUE POINT OF
BEGINNING FOR THIS DESCRIPTION: THENCE, S 89°48'02" E 2646.43 FEET
ON AND ALONG THE NORTH LINE OF THE NORTHWEST 1/4 TO THE
NORTH 1/4 CORNER OF SAID SECTION 10, ALSO BEING THE SOUTH LINE
OF THE SEVEN SPRINGS/HAHN ANNEXATION TO THE CITY OF FORT
COLLINS AND THE SOUTH LINE OF THE HAHN ANNEXATION TO THE
CITY OF FORT COLLINS: THENCE, S 00°49'45" W 1329.57 FEET ON AND
ALONG THE CENTER 1/4 LINE TO EAST 1/16 CORNER OF SAID SECTION
10, ALSO REPRESENTING IN PART THE WESTERLY LINE OF THE FOSSIL
A ♦;
FEET ON AND ALONG SAID NORTH LINE TO THE NORTHWEST CORNER
OF SAID SECTION 10, ALSO BEING A PORTION OF THE SOUTH LINE OF
SAID SEVEN SPRINGS / HAHN ANNEXATION, TO THE TRUE POINT OF
BEGINNING FOR THIS DESCRIPTION.
be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as
the Cathy Fromme Natural Area First Annexation.
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,
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 37-45-136(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 6th day of
November, A.D. 2001, and to be presented for final passage on the 20th day of November, A.D.
2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of November, A.D. 2001.
ATTEST:
City Clerk
2
Mayor
ORDINANCE NO. 177, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
CATHY FROMME NATURAL AREA FIRST ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2001-125, 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 SITUATE IN THE COUNTY OF LARIMER, STATE OF
COLORADO TO -WIT:
A TRACT OF LAND SITUATE IN THE NORTHWEST 1/4 OF SECTION 10 AND
A PORTION OF SECTION 9, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE
6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, CONSIDERING
THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 10 AS BEARING N
00022'35" E WITH ALL BEARINGS HEREIN RELATIVE THERETO IS
CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE
NORTHWEST CORNER OF SAID SECTION 10, THE TRUE POINT OF
BEGINNING FOR THIS DESCRIPTION: THENCE, S 89'48'02" E 2646.43 FEET
ON AND ALONG THE NORTH LINE OF THE NORTHWEST 1/4 TO THE
NORTH 1/4 CORNER OF SAID SECTION 10, ALSO BEING THE SOUTH LINE
OF THE SEVEN SPRINGS/HAHN ANNEXATION TO THE CITY OF FORT
COLLINS AND THE SOUTH LINE OF THE HAHN ANNEXATION TO THE
CITY OF FORT COLLINS: THENCE, S 00°49'45" W 1329.57 FEET ON AND
ALONG THE CENTER 1/4 LINE TO EAST 1/16 CORNER OF SAID SECTION
10, ALSO REPRESENTING IN PART THE WESTERLY LINE OF THE FOSSIL
CREEK ESTATES ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE, N 89°45'49" W 2635.92 FEET ON AND ALONG THE CENTER 1/16
LINE TO THE WEST 1/16 CORNER OF SAID SECTION 10; THENCE, S
88054'47" W 30.01 FEET ON AND ALONG THE CENTER 1/16 LINE OF THE
NORTHEAST 1/4 OF SECTION 9 TO A POINT OF INTERSECTION WITH THE
WESTERLY RIGHT-OF-WAY LINE FOR THE SOUTH TAFT HILL ROAD;
THENCE, N 00°22'35" E 1327.80 FEET ON AND ALONG SAID RIGHT-OF-
WAY LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF
THE NORTHEAST 1/4 OF SAID SECTION 9; THENCE, N 88'55' 15" E 30.01
RESOLUTION 2001-145
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE CATH�OMME NATURAL AREA FIRST ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Cathy Fromme Natural Area FirstAnnexation; 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 Cathy
Fromme Natural Area First 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 held this
6th day of November, A.D. 2001.
Mayor
ATTEST:
City Clerk
open land. For purposes of this analysis it was assumed that full build -out of the south
west study area would occur in 20 years.
At full build -out the area should generate approximately $5.5 million (1998 dollars). As
of today, the area is about 10% of its full build -out revenue rate and is generating about
$550,000 of revenue to the City per year. To achieve the full build -out the areas on the
arterials, especially College Avenue, the area will need to develop to the same extent
as areas that have been in the City for the last 20 years, for example, the area from
Prospect to Harmony between College and Shields.
Given these assumptions, the costs of the study area are higher than the revenues for
the twenty year period. The revenues and costs would have to go out another five to
seven years to reach a cumulative balance.
Draft Conclusions. Annexations of large tracts of land such as the study area do not
have an immediate favorable cost -benefit ratio. It will take many years for the revenue
from the study area to catch up to the projected costs. However, if the area is not
annexed the costs to the City may be even more out of balance with future revenue.
The sooner the area is annexed the sooner the development in the area will begin
contributing financially through fees and taxes. This is consistent with annexations
studied by other communities. Unless the area to be annexed has a specific revenue
generating component, most studies conclude that the costs of development far
outweigh the net revenue generation.
The Urban Growth Area planning paradigm was designed to offer the City more control
over the land uses in areas around the City that will eventually be part of the City.
Through this technique, the City should be able to better control and more efficiently
guide land uses.
Recommendation
The City has been operating under the Urban Growth Area philosophy for several years
and the results are generally favorable. For the best revenue to cost result, annexation
of areas that will develop at urban densities should generally occur sooner than later. If
the City waits too long to annex the area, the loss of plant investment fee, capital
improvement expansion fee, tax and other revenue will lag further and further behind
the demands for infrastructure and other City provided services. The analysis
conducted so far supports annexation of the parcels that will be eligible for annexation.
General Description of the Study Area
Annexation of the Coyote Ridge Natural Area creates an enclave of land that the City
would be required to annex with the next three years. The area is bordered on the
North by Harmony Road, Stover Street on the East, Overland Trail on the West, and
County Road 32 on the South. Some of the area has already developed as residential
property. There is also a significant amount of commercial enterprise along the College
Avenue.
The enclave includes three main streets, College Avenue, Shields Street and Taft Hill
road that cant' large volumes of traffic at high speeds.
There are approximately 200 additional acres of undeveloped land that is designated
as low density mixed use residential properties. Once fully developed, this will add
about 600 dwelling units and 1,400 residents. The will also be the typical non-
residential uses, including day-care, churches, and limited commercial services.
Police Services
The Police Services analysis found significant issues. The enclave falls within a current
patrol area that stretches north to Elizabeth Street. The size of the area and service
calls that originate there would create a new patrol area. To staff a new patrol area,
Police Services estimates it would require eight additional patrol officers. Sucocrt staff
for the patrol area would include two detectives and three non -sworn (dispatchers and
cleric typists) personnel. The area being annexed has three main roadways which carry
high volumes of traffic at high speeds. A large number of accidents occur on these
roads and there is a corresponding need for traffic enforcement efforts. An additional
traffic officer and one additional Community Service Officer would be recommended to
address these special traffic related needs.
The first year cost of staffing for the annexation would be about $1.5 million and 51.2 in
continuing costs.
Light &Power
When the City annexes land areas into its corporate limits, the Light & Power electric
utility assumes responsibility for providing electric service into the areas. Based on
state statutes and system transfer agreements, Light & Power is required to
compensate the Rural EIectric Authority and Public Service Company for their service
areas.
In the study.area, approximately 100 customers would be transferred from Public
Service Company and about 1,000 would be transferred from the Poudre Valley RE4.
For the southwest area annexation, the Light & Power utility estimates the cost to be
51.5 million. The new customers would add about ive megawatts of load to the
present system. This is an increase of about 2.5% Once the area is annexed, new
customers would pay the City's plant investl I lent fees and other service fees which afe
based on a cost of services model.
Administrative Services
Finance Ada ; ration
�Mf Fort Collins
MEMORANDUM
DATE: July 6, 1999
TO: Council Growth Management Committee
�L-�
THROUGH: Bob Blanchard, Director of Current Planning �
FROM: Alan Krcmadk, Financial Officer "�Z—
SUBJECT: Annexation Analysis — Major Financial Impacts
PROJECT SUMMARY: The City and Larimer County, through an intergovernmental
agreement, defined the Urban Growth Area. Over time, the City will annex land area
outside the current city limits and within the Urban Growth Area. The UGA will become
developed and urbanized. The purpose of the intergovernmental agreement is to
ensure that the City has better planning and control over land areas that will eventually
become part of the City. In the last part of 199c8, the City planning staff identified areas
within the UGA that are ready or approaching readiness for annexation into the City.
Annexation is the process by which cities extend their municipal services, regulations,
voting privileges, and taxing authority to new tentcry.
This project was conceived to assess the financial impacts of annexation. Generally,
the staff team has been trying to estimate the costs and benefits of annexing parcels of
property. To narrow the fie!d cf analysis, the first annexation area to be reviewed is the
Southwest Fort Collins.area. The staff team includes representatives from the service
areas most affected by annexation in this area: Light & Power, Transportation, Police.
Other major City services, Fire Protection, �Nater and Sewer, and Cultural, Library and
Recreation were not included in this initial review. Fire protection services are already
provided to the study area by the Poudre Fire Authority.. Water and sewer services are
provided not by the City, but by special service districts.
As with most development of cities and towns, the ability to pay from area based
revenue sources lags behind service impacts. Usually, the faster an area develops or
grows, the greater the gac between service demand and revenue. As observed by the
electric utility, the best aocroach would be to annex as soon as possible to start the
flow of revenue. Significant delay causes the revenue to get further behind the
demand for service. At scme point, it would be logical to conclude that the City would
be so far behind that it shculd not annex the area. Therefore, the City should proceed
with annexation in a timely fashion with undeveloped areas being annexed as quickly
as possible and developed areas to be annexed prior to any further development or
redevelopment.
.OU LaPorte Avenue • PO. Box :00 •Fort Collins, CO 30522-0580 • (970) 21-6788 • FAX (970) 21-6782
A
to provide service in what are frequently isolated pockets of County
land surrounded by the City.
2. It eliminates confusion. People located in County enclaves usually
consider themselves residents of Fort Collins. They make use of
City resources and frequently, when emergencies arise, call the
City's emergency service offices only to be informed they need to
contact the County.
3. Future development will occur under City regulations. If annexation
does not occur, development that does not require approval of the
County Commissioners can occur without the property being
referred to the City for possible annexation. This type of
development may be inconsistent with City Plan and may result in
projects that are substandard when the property eventually
annexes to the City.
In considering the Coyote Ridge annexation(s), it became apparent that there
was an opportunity to create a large enclave that would allow the City to pursue
the annexation of the large unincorporated area in the southern portion of the
City east of Taft Hill Road (colored purple on attached map). An agreement was
negotiated with the County to annex a strip of land along the west side of Taft
Hill Road that would allow Coyote Ridge to be annexed through five sequential
annexations. With the Natural Resources Department actively pursuing
acquisition of property adjacent to Coyote Ridge (colored dark green on the
attached map), ultimate annexation of that property would create the large
enclave. Any future development would then be required to be consistent with
City regulations. The creation of this enclave was a conscious decision of City
staff. This is currently on hold pending the decision regarding annexation of the
Coyote Ridge Natural Area.
In this case, the issue for Council consideration is whether the City should
continue to actively pursue enclave annexations and, if so, should the creation of
enclaves continue to be pursued.
dodil/council/annexatic ngmc
of Commissioners, or an appointed advisory commission,
committee, or County staff, acting on behalf of the
Commissioners, and located within the UGA but not eligible
for voluntary annexation to the City.
Both documents are clear regarding the intent of the City to annex properties
when they become eligible. Remaining issues for discussion by Council are
twofold:
Should the City pursue annexation outside the Growth
Management Area; and,
2. Should the City aggresively try to create enclaves which will then
be annexed according to the requirements of City Plan (within one
year of becoming eligible).
Annexation outside the GMA
Both the City Plan principles and policies and the Intergovernmental Agreement
outline the process for annexing outside the GMA. However, inconsistencies
exist. While the Intergovernmental Agreement permits annexation outside the
GMA with 35 day notification to the County Commissioners for their review and
comment, City Plan requires that the GMA boundary be amended prior to
annexation.
To date, there has not been any annexation of property outside the GMA.
Currently, however, there are two which are on hold pending direction on this
issue. Both are City owned natural areas: Coyote Ridge and the Cathy Fromme
Prairie (see attached map). Neither of these annexations would result in any
development potential. Annexation is being requested to ensure there is no
issue surrounding the ability of the Natural Area Rangers to enforce City
regulations.
The issue for Council consideration is whether the City should ever consider
annexation outside of the GMA. If so, should the process follow the IGA or
should the GMA boundary always be amended prior to processing an
annexation? .
Creation of Enclaves
Staff, Planning and Zoning Board and Council have all agreed that enclave
annexations are appropriate for three primary reasons:
1. Annexation results in more efficient provision of public services,
primarily emergency services. It eliminates the need for the County
I)
of the Fossil Creek Reservoir Area Plan which is located
east of County Road 11 (Timberline Road) and south of
County Road 36 unless the County either requires the
landowner to petition for annexation or requests that the City
consider annexation.
B. The City agrees to consider for annexation any Annexation
Petition for any undeveloped or developed parcel or parcels
of land which qualify for voluntary annexation pursuant to
State law. The City also agrees to the annexation of all
County Road rights -of -way, easements, etc., adjacent to a
voluntary annexation in accordance with Title 31, Article 12
Colorado Revised Statutes. Provided, however, that the
City may not annex such County roads and rights -of -way if
annexation of such roads and rights -of -way would impede
future annexation anticipated by the City to be accomplished
by the use of a "flagpole" configuration; nor shall the City be
required to annex any such County road if such road is
primarily used by county development. In the event the City
shall determine not to annex such roads or rights -of -way, it
shall provide a written explanation in the annexation Impact
reports provided to the County outlining the City's reasons
for determining not to annex such roads or rights -of -way.
C. The City agrees to pursue involuntary annexation of any
undeveloped parcel or parcels, or any undeveloped, partially
developed, or developed subdivision, planned unit
development, special review case, or any other development
approved by the Larimer County Board of Commissioners
pricr to January 1980 when State statutory requirements for
involuntary annexations have been met.
D. The County agrees that the City, in its sole discretion,
(except as provided in Sections 1.8 and 2.10(A) of this
agreement) may annex outside the Fort Collins Urban
Growth Area.. The City agrees that proposed annexations
outside the Fort Collins Urban Growth Area will be sent by
cerified mail to the Board of County Commissioners for
review and comment at least thirty-five (35) days prior to the
scheduled public hearing on the annexation before the City
Ccuncii.
E. The County agrees to require a binding annexation
acreement as a condition of approval on any development
application requiring approval by the Larimer County Board
F
of -city utility service, will be considered for annexation when
they meet all statutory requirements.
The Intergovernmental Agreement For The Fort Collins Urban Growth Area
provides more definitive direction regarding annexation:
Section 1.0 Policies:
1.6 That the policy of the City is to consider the annexation of all
properties within the unincorporated area of the Fort Collins
Urban Growth Area as soon as said property either (1)
becomes contiguous to the City and therefore eligible for
annexation and the owner thereof either requests voluntary
annexation into the City, or is required to annex such
property into the City by the County, or (2) the property is
included in an enclave area eligible for involuntary
annexation into the City according to State law.
1.7 That the policy of the City is not to annex property outside
the Fort Collins Urban Growth Area without first amending
the Fort Collins Urban Growth Area boundary through the
established amendment procedure or the agreed upon .
annexation procedure which allows the City to annex outside
the Fort Collins Urban=Growth Area boundary after giving
notice to the Board of County Commissioners as required
pursuant to Section 2.10(D) of this Agreement.
1.8 To the extent permitted by Law, the City will not annex
property south of County Road 32 (also known as the "Fart
Collins/Loveland Corridor) or any property within the portion
of the Fossil Creek Reservoir Area Plan which is located
east of County Road 11 (Timberline Road) and south of
County Road 36 unless the County either requires the
landowner to petition for annexation or requests that the City
consider annexation.
Section 2.10 Annexations
A. The City agrees to consider the annexation of any parcel or
parcels of land located within the Fort Collins Urban Growth
Area in accordance with the provisions of Title 31, Article 12.
of Colorado Revised Statutes, provided however, that to the
extent permitted by law, the City agrees not to annex
property south of County Road 32 (also known as the "Fort
Collins/Loveland Corridor") or any property within the portion
11
City Plan direction regarding annexations is limited to one principle and policy:
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.
• Phasino of public services and facilities. Vacant/undevelcped
land proposed for annexation must conform to the City's
phasing requirements for -extension of public services and
facilities before being annexed.
• Annexation of county enclaves. The City will pursue annexation
of vacant/undeveloped land included in a county enclave (i.e.,
an area completely surrounded by property already in the City)
within one year after such enclave becomes eligible for
involuntary annexation.
• Infrastructure standards. Developed land, or areas seeking
voluntary annexation, must have their infrastructure improved
(e.g., streets, utilities and storm drainage systems) to City
standards, or must have a mechanism (e.g., a special
improvement district, capital improvements program, etc.) in
place to upgrade such services and facilities to City standards
before the City will assume full responsibility for future
maintenance.
• Properties with annexation agreements as conditions of
aooroval. Developments approved by the County that have an
annexation agreement as a condition of approval, or have an
annexation agreement with the City as a result of receiving out-
Approximately three years ago, the City began a conscious effort to annex.all
eligible enclaves. At the same time, annexation of all City owned natural areas
was initiated including those located outside the Urban Growth Area (Growth
Management Area). During the Planning and Zoning Board hearing, concerns
were expressed regarding the appropriateness of annexing outside the GMA,
even when there was no development potential. As a result, Council tabled
those annexations until after a Study Session could be scheduled.
During this same -time, Current Planning staff reviewed potential enclave
annexations with the Executive Lead Team. Concern was expressed by several
Service Area directors about the service level impacts presented by the
proposed annexations, particularly the large one in the southern part of the City,
east of Taft Hill Road (colored purple on the attached map). Consequently, an
interdepartmental team was established to investigate anticipated fiscal impacts
of annexations, using the large enclave as a case study.
ISSUES:
For this discussion, annexation issues focus on two areas: fiscal analysis and
annexation policy. At the study session currently scheduled on August 10, 1999,
two areas of direction will be requested from Council:
Are there instances when annexation outside the GMA is
appropriate? and,
2. Should the City continue with its policy of annexing enclaves —
even to the extent of creating enclaves which would be annexed
when eligible?
Fiscal Analysis
As noted above, an interdepartmental team was formed to assist with the
identification of potential fiscal impacts of annexation. For this exercise, the
large enclave that would be formed with the annexation of the Coyote Ridge
Natural Area (colored purple on the attached map) was used as a case study.
The attached memorandum from Alan Krcmadk analyzes the fiscal impact
issue.
Annexation Policv
Annexation policy is articulated in City Plan and the Intergovernmental
Agreement For The Fort Collins Urban Growth Area.
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Community " lanning and Environmental Ser 'Ces
Current Planning
Council Growth Management Committee
/
John Fischbach, City Manager/``��
Greg Byrne, CPES Director 6��
Alan Krcmarik, Financial Officer
Bob Blanchard, Current Planning Director5c-
July 15, 1999
Annexation
ATTACHMENTS:
Memorandum from Alan Krcmarik regarding an analysis of major financial
impacts of annexation.
Map of potential annexations.
BACKGROUND:
Annexation of property into the City may occur one of two ways:
Voluntary annexations are those where the property owner petitions to
come into the City limits. To be eligible,'property must have at least 1/6 of
the property boundary contiguous with existing City limits. If less than 1/6
of the boundary is contiguous, annexation may occur by dividing the
property into multiple sections, each of which must have 1/6 contiguity
either with the City boundary or with the annexation that is processed
immediately prior on the agenda. These latter annexations are termed
"sequential annexations."
Enclave annexations (involuntary) are those where the property proposed
for annexation is completely surrounded by the City. These annexations
are typically initiated by the City. State regulations provide that after an
enclave has been in existence for a minimum of three years, the City may
proceed with annexation. While public notification is not required, the City
process is to meet with property owners prior to the initiation of
annexation proceedings.
26l :North Colle;,e Avenue • P.O. Box 80 • Fort Collin_. CO 80322-0580 • (970) 221-67_0 • FAX (970) 41r--2020
Assumptions: Rural street section with mowing required, but no landscape
maintenance. Maintenance costs include: annual Pavement Management costs,
pothole and minor repairs, snowplowing, sweeping, striping, signs and one traffic
control signal.
Police
Estimated annual Operation cost (0.1 Full Time Employee (FTE)) _ $15, 500
Assumptions: No exceptional circumstances (assault, homicide, etc.)
Commtu. j Planning and Environmental vices
Current Planning
City of Fort Collins
TO: Gregory Byrne, CPES Director_
FROM: Cameron Gloss, Current Planning Direct
SUBJECT: Cathy Fromme and Coyote Ridge Natural Areas Annexations- Cost
. to provide Street and Police Services
DATE: August 17, 2001
Background and Summate
Councilman Kastein has asked staff to provide the City Council Growth
Management Committee an updated assessment of additional costs for
Streets and Police Services to the Cathy Fromme and Coyote Natural Areas
currently being considered for annexation. It has been determined that these two
City services are the only ones impacted by the annexation.
The Engineering and Police Departments have reviewed previous analyses
completed in 1997 and updated the information based on today's service levels.
Given a few reasonable assumptions, the total estimated annual cost for both
services is $35, 700.
Streets
Funding construction of the 2-mile stretch of S. Taft Hill Road Road Widening
Project, south from Fossil Creek (CR-36 section line) to the CR-32 Section line,
was one of staffs primary concerns, but there appears to now be a funding
source. The Larimer County Regional Road Impact Fee, which the City has
adopted and is charging now on building permits, will pay for the road widening
project. Estimated capital construction cost for the 2 miles of widening will be
approximately $6.6 million.
Ongoing operation and maintenance of this section of S. Taft Hill Road can be
handled through existing maintenance programs. The estimated annual
Operation and Maintenance cost = $20,200. This calculation is based upon the
Planning factor from the City Capital Improvements Program (CIP) which equals
$10,100 per mile of roadway.
281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020
Planning and Zoning Board Minutes
March 15, 2001
Page 18
Council Growth Management has had a chance to review the proposed
annexations. He also asked that the Natural Resources Department come back
with alternatives regarding enforcement with a memo from the Sheriffs
Department and a presentation at worksession from Natural Resources including
a memo as part of the staff report.
Member Carpenter seconded the motion.
The motion for continuance was approved 6-0.
Project: 2021 Timberline Lane Rezoning, #3-01
Project Description: Request to rezone approximately .75 acre
located at 2021 Timberline lane from UE,
Urban Estate, to HC, Harmony Corridor. The
parcel is generally located west of and
-adjacent to Timberline Road, south of and
adjacent to Timberline Lane and approximately
150 feet north of Harmony Road.
Recommendation: Approval
Hearing Testimony,Written Comments and Other Evidence
Member Bernth claimed a conflict of interest on this item and excused himself.
Brian Grubb, City Planner gave the staff presentation. He stated that a letter that was
received today from a surrounding property owner was being distributed for the record.
He stated that the site currently has a garage and a mobile home existing, and gains
access from Timberline Lane to the north. He reported that there are a variety of
surrounding land uses, to the north and to the west there is low -density residential
development. To the east is a Diamond Shamrock and the old Harmony School; to the
south, the old Harmony Store and some small residences and businesses located along
Harmony Road. Planner Grubb reviewed. the site shots for the Board. He stated that
there was a neighborhood meeting held and there were approximately 10 neighbors
that showed up. He stated there, were a variety of comments and concerns and those
were included in the Board's packet.
•
Planning and Zoning Board Minutes
March 15, 2001
Page 17
a higher use of that area than there has been in the past. There is now more of a need
by the Natural Resources Department to have these properties annexed.
Chairperson Gavaldon asked if the Sheriff can deputize the Rangers to perform the
duties as required without having to annex.
Planner Jones stated that he talked with Tom Shoemaker and he stated that there were
ways it could be arranged, but the Natural Resources department would prefer a
cleaner way of doing it and just make it part of the city so there is no question of the
authority.
Member Colton asked if the Natural Resources Board has heard this and what was their
recommendation.
Mr. Moore replied that they were recommending annexation.
Member Craig asked how many feet of street is in the flag pole annexation
Planner Jones replied roughly % mile. That is the road right-of-way and also 100 feet of
land within the southern portion of the Land Fill property.
Planner Jones reviewed slides of the proposed annexations.
Member Colton stated that in the petition for annexation, it shows eight points. He did
not feel that it has been shown that it is desirable and necessary that they be annexed
into the city of Fort Collins. He also did not believe that the area to be annexed. is urban
or will be urbanized in the near future. He felt that this needs to be continued to have
Council Growth Management give some further direction on whether we want to pursue
the main intent of this, which is creating an enclave, or that we vote it down tonight
because of the points. He did not feel that he can approve this given the fact that this
identical proposal raises some serious concerns not more than two years ago, enough
that it was pretty well derailed in the eyes of the Growth Management Council.
Chairperson Gavaldon asked if it was possible to get this to the Council Growth
Management Committee to look at this and follow what Member Colton is looking for,
and help the Board out on the enclave issue.
Director Gloss believed that we could do that in the 60 days prescribed in the Code.
Member Colton recommended continuance of the eight proposed annexations to
have Council Growth Management hear the items to see if they feel it is worth
pursuing. He recommended continuance until the second meeting in April after
Planning and Zoning Board Minutes
March 15, 2001
Page 16
final authority, then instead of doing that, they are required to annex. But if the project
is under a certain amount of trips, then they do not have to go before the County
Commissioners for their final decision and they have the choice of not annexing."
Member Craig asked for clarification from the legal staff.
Deputy City Attorney Eckman explained that except for the receiving area land in
connection with the Fossil Creek Reservoir, the County agrees that it will not accept any
development application, as that term is defined in Section 4.2.1 of the Larimer County
Land Use Code, for property that has any contiguity to the city limits and thus, can be
made eligible for voluntary annexation to the city, whether through a series of
annexations or otherwise. He felt the catch was that some things that look like
development to us, are in the County's terminology not development applications.
Director Gloss added that based on the number of applications we have gotten in, it was.
his understanding that most of the review going through the county process is going
through the Planning Board or the staff and not the County Commissioners. Just like
development applications in the city do not go to City Council, they go to the Planning
Board or an Administrative Hearing Officer. Most of the applications, the
Commissioners are not going to see, and if it is contiguous and does not meet the
threshold, then it is not forced to be annexed and meet the standards. We routinely get
development applications referred to us in Larimer County, in the urban area, and our
comment is that they meet the city standard, but there is no teeth in their code to require
it. We can only request that they do it. The only exception is the new urban area street
standards and those were enacted March 15t. The applicants will now have to meet the
street standards. 11
Member Craig felt that was a huge loophole and felt the Board should send some
recommendations to Council.
Chairperson Gavaldon suggested that they talk about that issue at an upcoming
worksession.
Chairperson Gavaldon was unclear about anything that has changed since the first time
the Board saw these applications. .
Planner Jones replied that he did not think anything has changed except for the
language in the IGA.
Doug Moore, Natural Resources Department added that one change is that we are
starting to use those natural areas and we are starting to try to manage them. There is
Planning and Zoning Board Minutes
March 15, 2001
Page 15
outside of the Urban Growth Area. Since, there has been a change that says that the
city has the discretion to do that. The reason for the change was for something like this
to happen, where there is a natural area outside of the city limits. The change would
give the city the option for annexation. It used to say in the Intergovernmental
Agreement that we can't annex south of County Road 32. That was an effort to keep
the area between Fort Collins and Loveland in compliance with the separator plan we
have called The Plan for the Area between Fort Collins and Loveland. One exception
that if it is a natural area that is being annexed, and it is consistent with what is shown in
that plan for open space in that area, that would be the exception that the city could
annex past County Road 32. There is the one -quarter section of the Coyote Ridge 5t"
Annexation that is south of that alignment.
Member Colton stated that he did not specifically remember a major concern being that
we could not annex without moving the UGA.
Planner Jones stated that he inherited the project about two years ago. He stated that
after he started, Bob Blanchard and Alan Krcmarik did a study specifically talking about
the enclave and the cost of doing that enclave. What it would cost now versus in the
future. What we are talking about tonight is the. annexations, and although it would
create the possibility to annex the enclave in the future, we are not saying that we are
going to do that tonight, and we are not saying that we are not. We are only saying that
there is a possibility established to make that decision in the future.
Member Craig asked about the new Intergovernmental Agreement and did he have a
round figure of what is in the enclave, that if it.were not an enclave, could come in as
County Development and there would not be urban standards.
Planner Jones replied that the IGA basically says that if a development proposal comes
in for a piece of ground that is contiguous to the city limits and it is in the county. The
county will send them to the city for annexation and develop under city rules. The new
agreement also prohibits applicants from subdividing property to create a property that
had contiguity to the city no longer have contiguity. He stated that there has not been
an analysis of how much of the land is not contiguous to the city, so if development
does come in we would not have control over it versus the stuff that is contiguous that
would trigger a city review.
Member Craig thought the IGA says that if they are in the UGA, and they are contiguous
to city boundaries they have to go to the city. She asked if that has been taken out of
the IGA.
Planner Jones replied it has not been taken out. In the Larimer County Land Use Code,
in Section 4.2, it says, "that if a project goes before the County Commissioners as the
Planning and Zoning Board Minutes
March 15, 2001
Page 13
Mr. Daggett responded that staffs perspective is more that the implementation of the
future alternatives are really an appropriation process. This is a strategic plan that lays
out the guidelines. The implementation of the various scenarios, they are your guide,
and as you move forward from scenario one, which is at no cost, to scenario two, which
has a contingency of a federal grant for $38,000,000 for capital improvements. If we
receive the money, then City Council would have to make an appropriation decision.
The 3rd and 4th scenarios are goals of theirs that would also end up in an appropriation
decision on the part of City Council.
Member Colton recommended approval of the Transfort Strategic Operating Plan
to City Council.
Member Craig seconded the motion.
Member Colton commented that a lot of good work has gone into this plan and was very
well thought out. He felt funding may be a problem, but it is a good vision.
Member Craig concurred. She felt. it was a very well put together plan. She felt that
they have raised productivity in a very admirable way. She wished we could get more
employers on board.
Chairperson Gavaldon also concurred with other members. He hoped as more
employment moves to the Harmony Corridor that a good eye is kept and that we don't
overload any routes. He also was concerned about the funding.
The motion was approved 5-0.
Projects: thy Fromme Vt Natural Area nnexation & Zoning,
#40-98
Cathy Fromme 2Id Natural Area Annexation & Zoning,
#40-98A
Coyote Ridge Vt Annexation & Zoning, #43-98
Coyote Ridge 2"d Annexation & Zoning, #43-98A
Coyote Ridge 3'd Annexation & Zoning, #43-988
Coyote Ridge 4th Annexation & Zoning, #43-98C
Coyote Ridge 5th Annexation & Zoning, #43-98D /
Coyote Ridge 6`h Annexation & Zoning, #43-98E
Planning and Zoning Board Minutes
April 5, 2001
Page 21
Council. He felt that we could live with the natural area enforcement that we currently
have.
The motion for denial was denied 5-2 with Members Craig and Colton voting for
the motion.
Member Bernth recommended approval of the eight aforementioned annexations
with zoning of POL, Public Open Lands.
Member Torgerson seconded the motion.
Member Carpenter felt it made sense when the city owns the natural areas to have
more control and have a better enforcement of regulations.
Member Torgerson concurred and added that what was found in a study a year ago
was that enclave annexations cost a lot now, but they cost a lot more in the future.
The motion wa�approved 5-2 ith Members Colton and Craig voting in the
negative.
Project:
Referred Minor Amendment to the Rigden
Farm Neighborhood Center
Project Description: Minor Amendment application to change the
Rigden Farm ODP, and the Rigden Farm,
Filing One PDP. The request is to change
some of the permitted uses and the
configuration within the Rigden Farm
Neighborhood Center.
Recommendation: Approval
Hearing Testimony, Written Comments and Other Evidence:
Member Torgerson excused himself due to a conflict of interest on the project.
Troy Jones, City Planner gave the staff presentation. The project is referred to the
Planning and Zoning Board because there is known opposition by a neighbor. Planner
Jones reviewed some site shots to illustrate the request. The request is to change the
uses of the Neighborhood Center, which includes the Johnson House and the adjacent
barn, which were approved as part of the Rigden Farm Filing One with specific uses.
Planning and Zoning Board Minutes
April 5, 2001
Page 20
Doug Moore, Natural Resources Department replied that as it was discussed at
worksession, it was a desire for the Natural Resources Department to annex in as many
of our properties that are eligible into the city limits as possible. It makes it easier for
the rangers to operate under the circumstances, since they are operating under the city
ordinances. For backup purposes, they know they will have city law enforcement
officers rather than having to rely on the county.
Member Craig asked if Coyote Ridge was attached to some county land.
Mr. Moore replied that there were some joint purchases with Coyote Ridge with the
County. He was not sure how they enforce with their rangers; they do manage their
properties differently than ours. We don't have any intergovernmental agreements with
the County and to his knowledge non -are planned. He stated that the city would like to
keep the properties separated.
Member Colton asked for clarification if Cathy Fomme 15t and 2nd are within the UGA.
Planner Jones replied that all eight annexations are out of the current UGA.
Member Craig wanted a continuance so the items could be addressed properly and
Council could address the issues.
Mr. Moore asked for a decision from the Board, and felt that Council Growth
Management could send their recommendation along side the P & Z Board
recommendation, for a decision by City Council.
Member Craig moved to recommend denial of Cathy Fromme 1st, Cathy Fromme
2nd, Coyote Ridge 15t, 2nd, 3rd, 41h, 5th and 6th Annexation and Zonings.
Member Craig felt there were several issues that were not being addressed. She also
had trouble with the flag pole annexation. She did not like natural areas being used to
create enclaves. What does that send to county residents when it comes time on the
ballot to ask for more money? She felt we were using county residents money to
enclave them. The cost of the enclave is too high.
Member Colton seconded the motion.
Member Colton concurred with Member Craig. He felt that we do not fully understand
the implications because there has not been a thorough analysis done. He felt it was
needed to understand the implications of the enclave. He has not heard enough
justification to approve this at this time without an analysis and further direction from
Planning and Zoning Board Minutes
April 5, 2001.
Page 19
Projects: Cathy Fromme 1st Natural Area Annexation & Zoning,
#40-98
Cathy Fromme 2"d Natural Area Annexation & Zoning,
#40-98A
Coyote Ridge 1st Annexation & Zoning, #43-98
Coyote Ridge 2"d Annexation & Zoning, #43-98A
Coyote Ridge 3`d Annexation & Zoning, #43-98B
Coyote Ridge 4th Annexation & Zoning, #43-98C
Coyote Ridge 51h Annexation & Zoning, #43-98D
Coyote Ridge 6ch Annexation & Zoning, #43-98E
Project Description: Request for Annexation & Zoning of 237 Acres (Cathy
Fromme 1sc (81) and 2Id (156) and Coyote Ridge
1,096.5 Acres (Coyote Ridge 1 st (2.5), 2"d (181), 3`d
(161), 4`h (192), 51h (325) and 61h(235). The requested
zoning is POL, Public Open Lands.
Recommendation: Approval
Hearing Testimony, Written Comments and Other Evidence:
Troy Jones, City Planner gave the staff presentation. He stated that the Council Growth
Management Committee would be hearing these annexation items on Monday, April 91h
He asked the Board to keep in mind that whatever recommendation the Board should
make; the Council will have an opportunity to be briefed by the Council Growth
Management Committee also before making a decision.
Planner Jones stated that the second reason this item was continued from March 15`h
was to discuss law enforcement issues within the natural area. He thought that all
questions regarding that issues were answered at worksession. For the public's benefit,
it was discussed that it would not be feasible for the rangers to be deputized. The
Natural Resources Department does not want to go that route.
CITIZEN INPUT
None.
Member Craig asked for the applicant to state again the justification, or why they want
these natural areas annexed into the city.
ONE SET OF BACKGROUND
MATERIALS AND ATTACHMENTS HAS
BEEN PROVIDED FOR THE CATHY
FROMME 11T & 2ND ANNEXATIONS &
ZONINGS
AND
THE COYOTE RIDGE 1ST _ 6Tx
ANNEXATIONS & ZONINGS
�I DATE: November 6, 2001 3 i BEM NUMBER: 25 A-B
achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Cathy
Fromme Natural Area First Annexation and the Coyote Ridge Second Annexation.
Outside the Urban Growth Area
The proposed Cathy Fromme Natural Area First and Second Annexations are 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).
Zoning and Analysis
The properties are zoned FA-1 Farming, I-1 Industrial in Larimer County. The requested zoning
for this annexation is (POL) Public Open Lands. All areas to be annexed are either part of
existing natural areas, under management by natural areas, or existing road right-of-way. All
proposed uses are public in nature, and will be a continuation of existing uses for the land. The
property is designated as Rural/Open Lands and Stream Corridors on the Structure Plan, which is
consistent with the proposed zoning of (POL) Public Open Lands.
The Planning and Zoning Board Hearing
The Planning and Zoning Board recommended approval of the Cathy Fromme Natural Area First
and Second Annexations by a vote of 5 to 2 on April 5, 2001.
DATE: November 6, 2001 I 2 ITEM NUMBER: 25 A-B
r
Fromme Natural Area Second Annexation is approximately 156 acres. , The recommended
zoning is Public Open Lands (POL), which is consistent with the Structure Plan designation of
Rural/Open Lands and Stream Corridors.
Creation of an Enclave
Together, the Cathy Fromme Natural Area First and Second Annexations and the Coyote Ridge
First, Second, Third, Fourth, Fifth, and Sixth Annexations will create an enclave approximately
1,781 acres in size. The majority of the enclave, approximately 1,621acres, 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 give the City Council the option to 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 and Coyote Ridge Annexations" for a diagram of all the annexations
together, and the affected enclave area.
As per the Colorado Revised Statutes, the following would apply to the enclave area:
CRS 31-12-106. — When any unincorporated area is "entirely contained within the
boundaries of a municipality" (in other words, an enclave), the governing body may annex
such territory to the municipality if said area has been so surrounded for a period of not less
than three years.
As per the Intergovernmental Agreement between Larimer County and Fort Collins, the
following would apply to the enclave area:
IGA Section 8.A. — It is the City's intent to annex properties within the GMA as
expeditiously as possible consistent with the terms of this Agreement.
IGA Section 8.1). — The City agrees to pursue annexation of any parcel that becomes eligible
for involuntary annexation.
IGA Section 8.G. — The County agrees that the City, in its sole discretion, may annex outside
the Fort Collins GMA.
Contiguity
These properties are eligible for annexation according to CRS, requiring 1/6 contiguity to the
existing city limits. The contiguity is achieved as follows:
The Cathy Fromme Natural Area First Annexation and Zoning complies with this standard
since the property has 3,201.20 feet of its total boundary of approximately 7999.15 feet
contiguous to the existing City limits. This meets the minimum 1,333 feet required to
achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Seven
Springs/Hahn Annexation (April 1986), the Hahn Annexation (March 1986), and the Fossil
Creek Estates Annexation (November 1993).
The Cathy Fromme Natural Area Second Annexation and Zoning complies with this standard
since the property has 5,296.00 feet of its total boundary of approximately 10,427.07 feet
contiguous to the existing City limits. This meets the minimum 1,737.85 feet required to
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
ITEM NUMBER: 25 A-B
DATE: November 6, 2001
STAFF: Troy W. Jones
SUBJECT:
Items Relating to the Cathy Fromme Natural Area First and Second Annexations and Zonings.
NQ44(� �- \
RECOMMENDATION:
Staff and the Planning and Zoning Board recommend adoption of the Resolutions and
Ordinances on First Reading.
EXECUTIVE SUMMARY:
A. Cathy Fromme Natural Area First Annexation and Zoning Resolution and Ordinances:
1. Resolution 2001-145 Setting Forth Findings of Fact and Determinations Regarding
the Cathy Fromme Natural Area First Annexation.
2. Hearing and First Reading of Ordinance No. 177, 2001, Annexing Property Known
as the Cathy Fromme Natural Area First Annexation to The City of Fort Collins.
3. Hearing and First Reading of Ordinance No. 178, 2001, Amending the Zoning Map
of the City of Fort Collins and Classifying for Zoning Purposes the Property Included
in the Cathy Fromme Natural Area First Annexation. .
B. Cathy Fromme Natural Area Second Annexation and Zoning Resolution and Ordinances:
Resolution 2001-146 Setting Forth Findings of Fact and Determinations
Regarding the Cathy Fromme Natural Area Second Annexation.
2. Hearing and First Reading of Ordinance No. 179, 2001, Annexing Property
Known as the Cathy Fromme Natural Area Second Annexation to The City of
Fort Collins.
3. Hearing and First Reading of Ordinance No. 180, 2001, Amending the Zoning
Map of the City of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Cathy Fromme Natural Area Second Annexation.
'ACKGROUND:
This is a request for a 100% voluntary annexation. The acreage of the two annexation sites are as
follows: Cathy Fromme Natural Area First Annexation is approximately 81 acres, and Cathy