HomeMy WebLinkAboutTIMBERLINE ANNEXATION AND ZONING 1.19.1993 CITY COUNCIL HEARING - 40 91, A - REPORTS - SECOND READING (2)AGENDA ITEM SUMMARY ITEM NUMBER: 23 a-b
DATE: January 19, 1993
FORT COLLINS CITY COUNCIL STAFF: Ken waido
SUBJECT:
Items Related to the Timberline Annexation and Zoning
RECOMMENDATION:
Staff recommends approval of Option A, the annexation and zoning of the entire
enclave area. The Planning and Zoning Board voted 5-0 to recommend approval of
annexing the entire enclave with the suggested zonings.
EXECUTIVE SUMMARY:
Option A
A. Second Reading of Ordinance No. 122, 1992, Annexing Approximately 435.0
Acres, Known as the Timberline Annexation.
B. Hearing and First Reading of Ordinance No. 123, 1992, Zoning Areas within
the Timberline Annexation Into Approximately 24.0 Acres of the I-P,
Industrial Park, District and 411.0 Acres of the T-Transition, District.
Option B
A. Hearing and First Reading of Ordinance No. 8, 1993, Annexing Approximately
87.6 Acres, Known as the Timberline Annexation.
B. Hearing and First Reading of Ordinance No. 9, 1993, Zoning Areas within
the Timberline Annexation Into Approximately 24.0 Acres of the I-P,
Industrial Park, District and 63.6 Acres of the T-Transition, District.
Consideration of this item was tabled by the City Council on December 15, 1992.
At that time, the Council directed staff to develop two options, one option for
the annexation of the entire enclave area, and the other option for the
annexation of just the area located west of Timberline Road. The annexation and
zoning of the entire enclave area (Option A) consists of approximately 435.0
acres located generally east of the Union Pacific Railroad tracks, north of East
Drake Road, and south and west of the Burlington Northern Railroad tracks. The
annexation and zoning of the portion of the enclave area (Option B) consists of
approximately 87.6 acres and includes only the area east of the Union Pacific
Railroad Tracks, north of East Drake Road, and west of Timberline Road. The
suggested zonings for Option A include 24.0 acres of the I-P, Industrial Park,
District, and 411.0 acres of the T-Transition, District.
The suggested zonings for Option B include 24.0 acres of the I-P, Industrial
Park, District, and 63.6 acres of the T-Transition, District. The entire
enclave is mostly undeveloped, although located along the west side of Timberline
Road are the (vacant) Fort Collins Pipe Co. and ENCOAT (Energy Coatings Co.)
which would be annexed under both options. Existing commercial signs
Option A
ORDINANCE NO. 123, 1992
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING DISTRICT MAP CONTAINED IN CHAPTER 29
OF THE CODE OF THE CITY OF FORT COLLINS AND CLASSIFYING
FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE TIMBERLINE ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows:
Section 1. That the Zoning District Map adopted pursuant to Chapter 29 of
the Code of the City of Fort Collins be, and the same hereby is, changed and
amended by including the property known as the Timberline Annexation to the City
of Fort Collins, Colorado, in the T, Transition, Zoning District, which property
is described as follows:
A TRACT OF LAND SITUATE IN SECTIONS 19, 20 AND 29, TOWNSHIP 7 NORTH,
RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, WHICH
CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION
20 AS BEARING N 00001'41" W AND WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN
AT THE SOUTHWEST CORNER OF SAID SECTION 20 AND RUN THENCE S
89021'52" W 1056.49 FEET; THENCE N 00°04'23" W 2653.07 FEET; THENCE
N 89°05'13" E 125.01 FEET; THENCE N 00'10'14" W 890.53 FEET; THENCE
N 87057'27" E 379.23 FEET; THENCE N 13°54'27" E 110.27 FEET; THENCE
N 88005'27" E 526.94 FEET; THENCE N 00°13'33" W 780.53 FEET; THENCE
S 44055'04" E 438.69 FEET; THENCE S 49038'24" E 255.06 FEET; THENCE
S 89049'03" E 815.51 FEET; THENCE S 00°27'53" E 691.82 FEET; THENCE
S 49038'24" E 5148.23 FEET; THENCE N 89°26'11" W 82.54 FEET; THENCE
N 49052'54" W 47.11 FEET; THENCE N 89026'11" W 2480.38 FEET; THENCE
S 00006'53" E 30.00 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION
20; THENCE S 00006'53" E 1326.66 FEET; THENCE N 89'24'19" W 2642.16
FEET; THENCE N 00'04'08" W 1325.15 FEET TO THE POINT OF BEGINNING.
CONTAINING 435.2370 ACRES;
except that the following portions of the above -described property shall be
placed instead in the I-P, Industrial Park, Zoning District:
Parcel Number: 87191-00-003
TRACT IN NORTHEAST 1/4 OF 19-7-68 BEGINNING AT POINT WHICH BEARS
SOUTH 00019'30" WEST 1631.19 FEET AND AGAIN SOUTH 88038'30" WEST 30
FEET FROM NORTHEAST CORNER OF NORTHEAST 1/4 AND RUNNING THEN SOUTH
00019'30" WEST 900.09 FEET, THEN SOUTH 89°30'30" WEST 253 FEET, THEN
NORTH 00039' WEST 258.35 FEET, NORTH 89.22' WEST 198.11 FEET, NORTH
00037' WEST 100 FEET, NORTH 89032' WEST 299.64 FEET, NORTH 00.28,
WEST 99.76 FEET, THEN SOUTH 69.27' WEST 12.27 FEET TO BEGINNING OF
CURVE, THEN SOUTHWESTERLY ALONG ARC OF 500 FOOT RADIUS CURVE,
PARALLEL TO AND 6 FEET FROM CENTERLINE OF EXISTING RAILROAD SPUR,
DISTANCE 135.48 FEET TO UNION PACIFIC RAILROAD, THEN NORTH 00°24'20"
EAST 386.14 FEET, THEN NORTH 89'30'30" EAST 373.97 FEET, THEN NORTH
14027'30" EAST 110.27 FEET, THEN NORTH 88°38'30" EAST 496.94 FEET TO
POINT OF BEGINNING.
Parcel Number: 87191-00-004
BEGINNING AT POINT WHICH BEARS SOUTH 00°19'30" WEST 1631.19 FEET AND
AGAIN SOUTH 88°38'30" WEST 30 FEET AND AGAIN SOUTH 00°19'30" WEST
900.09 FEET FROM THE NORTHEAST CORNER OF 19-7-68, THEN SOUTH
89°30'30" WEST 263 FEET, NORTH 00.39' WEST 258.35, SOUTH 89.22' WEST
198.11 FEET, NORTH 00.37' WEST 100 FEET, SOUTH 89.32' WEST 299.64
FEET, NORTH 00°28' 99.76 FEET, SOUTH 69.27' WEST 12.27 FEET, THEN
ALONG ARC OF 500 FOOT RADIUS CURVE TO LEFT 135.48 FEET, LONG CORD
BEARS SOUTH 61041'16" WEST 135.07 FEET TO POINT ON EAST LINE
RAILROAD, THEN ALONG SAID EAST LINE SOUTH 00°24'30" WEST 539.15
FEET, SOUTH 89'30'30" WEST 125 FEET, SOUTH 00°24'30" WEST 339.71
FEET, NORTH 89°30'30" EAST 1024.5 FEET TO POINT ON WEST LINE
TIMBERLINE ROAD, THEN ALONG WEST LINE NORTH 00°19'30" EAST 498.32
FEET TO THE POINT OF BEGINNING; LESS BEGINNING AT A POINT WHICH
BEARS SOUTH 00019'30" WEST 1631.19 FEET AND AGAIN SOUTH 88038'30"
WEST 30 FEET AND AGAIN SOUTH 00°19'30" WEST 1088.41 FEET FROM
NORTHEAST CORNER, THEN SOUTH 89°30'30" WEST 1024.06 FEET TO EAST
LINE OF RAILROAD, THEN ALONG EAST LINE SOUTH 00°24'30" WEST 300
FEET, NORTH 89°30'30" EAST 1024.48 FEET TO WEST LINE OF TIMBERLINE
ROAD, THEN ALONG WEST LINE NORTH 00°19'30" EAST 300 FEET TO POINT OF
BEGINNING.
Parcel Number: 87194-00-025
PARCEL IN EAST 112 OF 19-7-68 BEGINNING AT POINT WHICH BEARS SOUTH
00019'30" WEST 1631.19 FEET, SOUTH 88°38'30" WEST 30 FEET, SOUTH
00019'30" WEST 1088.41 FEET FROM NORTHEAST CORNER, SOUTH 89°30'30"
WEST 1024.06 FEET TO EAST LINE OF UNION PACIFIC RAILROAD, SOUTH
00024'20" WEST 300 FEET, NORTH 89°30'30" EAST 1024.48 FEET TO POINT
ON WEST LINE OF TIMBERLINE ROAD, NORTH 00°19'30" EAST 300 FEET TO
POINT OF BEGINNING.
Section 2. That the Director of Engineering is hereby authorized and
directed to amend said Zoning District Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered published
this 19th day of January, A.D. 1993, and to be presented for final passage on the
2nd day of February, A.D. 1993.
ayor
ATTEST:
City Clerk
Passed and adopted on final reading this 2nd day of February, A.D. 1993.
ATTEST:
City Clerk
OPTION B
ORDINANCE NO. 8 , 1993
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
TIMBERLINE ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 92-170, stating the intent of the City of Fort Collins
to annex certain property and initiating annexation proceedings, has heretofore
been adopted; and
WHEREAS, the Council of the City of Fort Collins 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 SECTIONS 19, 20 AND 29, TOWNSHIP 7 NORTH,
RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, WHICH
CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION
20 AS BEARING N 00001'41" W AND WILL ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN
AT THE SOUTHWEST CORNER OF SAID SECTION 20 AND RUN THENCE S
89021'52" W 1056.49 FEET; THENCE N 00°04'23" W 2653.07 FEET; THENCE
N 89005'13" E 125.01 FEET; THENCE N 00°10'14" W 890.53 FEET; THENCE
N 87057'27" E 379.23 FEET; THENCE N 13°54'27" E 110.27 FEET; THENCE
N 88005'27" E 526.94 FEET; THENCE N 88°05'27" E 30.01 FEET; THENCE
S 00013'33" E 1021.84 FEET; THENCE S 00001'41" E 2681.43 FEET;
THENCE N 89°26'17" W 29.98 FEET; THENCE N 00°04'08" W 30.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING 87.6002 ACRES;
be, and hereby is, annexed to the City of Fort Collins and made a part of said
City, to be known as the Timberline 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 19th day of January, A.D. 1993, and to be presented for final passage on the
2nd day of February, A.D. 1993.
or
ATTEST:
City Clerk
Passed and adopted on final reading this 2nd day of February, A.D. 1993.
Mayor
ATTEST:
City Clerk
OPTION B
ORDINANCE NO. 9, 1993
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING DISTRICT MAP CONTAINED IN CHAPTER 29
OF THE CODE OF THE CITY OF FORT COLLINS AND CLASSIFYING
FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE TIMBERLINE ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows:
Section 1. That the Zoning District Map adopted pursuant to Chapter 29 of
the Code of the City of Fort Collins be, and the same hereby is, changed and
amended by including the property known as the Timberline Annexation to the City
of Fort Collins, Colorado, in the T, Transition, Zoning District, which property
is described as follows:
A TRACT OF LAND SITUATE IN SECTIONS 19, 20 AND 29, TOWNSHIP 7 NORTH,
RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, WHICH
CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION
20 AS BEARING N 00901'41" W AND WILL ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN
AT THE SOUTHWEST CORNER OF SAID SECTION 20 AND RUN THENCE S
89021'52" W 1056.49 FEET; THENCE N 00°04'23" W 2653.07 FEET; THENCE
N 89005'13" E 125.01 FEET; THENCE N 00'10'14" W 890.53 FEET; THENCE
N 87057'27" E 379.23 FEET; THENCE N 13'54'27" E 110.27 FEET; THENCE
N 88005'27" E 526.94 FEET; THENCE N 88'05'27" E 30.01 FEET; THENCE
S 00013'33" E 1021.84 FEET; THENCE S 00'01'41" E 2681.43 FEET;
THENCE N 89026'17" W 29.98 FEET; THENCE N 00°04'08" W 30.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING 87.6002 ACRES;
except that the following portions of the above -described property shall be
placed instead in the I-P, Industrial Park, Zoning District:
Parcel Number: 87191-00-003
TRACT IN NORTHEAST 1/4 OF 19-7-68 BEGINNING AT POINT WHICH BEARS
SOUTH 00019'30" WEST 1631.19 FEET AND AGAIN SOUTH 88038'30" WEST 30
FEET FROM NORTHEAST CORNER OF NORTHEAST 1/4 AND RUNNING THEN SOUTH
00019'30" WEST 900.09 FEET, THEN SOUTH 89'30'30" WEST 253 FEET, THEN
NORTH 00039' WEST 258.35 FEET, NORTH 89.22' WEST 198.11 FEET, NORTH
00037' WEST 100 FEET, NORTH 89.32' WEST 299.64 FEET, NORTH 00.28'
WEST 99.76 FEET, THEN SOUTH 69.27' WEST 12.27 FEET TO BEGINNING OF
CURVE, THEN SOUTHWESTERLY ALONG ARC OF 500 FOOT RADIUS CURVE,
PARALLEL TO AND 6 FEET FROM CENTERLINE OF EXISTING RAILROAD SPUR,
DISTANCE 135.48 FEET TO UNION PACIFIC RAILROAD, THEN NORTH 00-24,20"
EAST 386.14 FEET, THEN NORTH 89030'30" EAST 373.97 FEET, THEN NORTH
14027'30" EAST 110.27 FEET, THEN NORTH 88°38'30" EAST 496.94 FEET TO
POINT OF BEGINNING.
Parcel Number: 87191-00-004
BEGINNING AT POINT WHICH BEARS SOUTH 00019'30" WEST 1631.19 FEET AND
AGAIN SOUTH 88038'30" WEST 30 FEET AND AGAIN SOUTH 00019'30" WEST
900.09 FEET FROM THE NORTHEAST CORNER OF 19-7-68, THEN SOUTH
89030'30" WEST 263 FEET, NORTH 00.39' WEST 258.35, SOUTH 89.22' WEST
198.11 FEET, NORTH 00.37' WEST 100 FEET, SOUTH 89032' WEST 299.64
FEET, NORTH 00.28' 99.76 FEET, SOUTH 69.27' WEST 12.27 FEET, THEN
ALONG ARC OF 500 FOOT RADIUS CURVE TO LEFT 135.48 FEET, LONG CORD
BEARS SOUTH 61041'16" WEST 135.07 FEET TO POINT ON EAST LINE
RAILROAD, THEN ALONG SAID EAST LINE SOUTH 00°24'30" WEST 539.15
FEET, SOUTH 89°30'30" WEST 125 FEET, SOUTH 00024'30" WEST 339.71
FEET, NORTH 89'30'30" EAST 1024.5 FEET TO POINT ON WEST LINE
TIMBERLINE ROAD, THEN ALONG WEST LINE NORTH 00°19'30" EAST 498.32
FEET TO THE POINT OF BEGINNING; LESS BEGINNING AT A POINT WHICH
BEARS SOUTH 00°19'30" WEST 1631.19 FEET AND AGAIN SOUTH 88°38'30"
WEST 30 FEET AND AGAIN SOUTH 00019'30" WEST 1088.41 FEET FROM
NORTHEAST CORNER, THEN SOUTH 89°30'30" WEST 1024.06 FEET TO EAST
LINE OF RAILROAD, THEN ALONG EAST LINE SOUTH 00°24'30" WEST 300
FEET, NORTH 89°30'30" EAST 1024.48 FEET TO WEST LINE OF TIMBERLINE
ROAD, THEN ALONG WEST LINE NORTH 00°19'30" EAST 300 FEET TO POINT OF
BEGINNING.
Parcel Number: 87194-00-025
PARCEL IN EAST 112 OF 19-7-68 BEGINNING AT POINT WHICH BEARS SOUTH
00°19'30" WEST 1631.19 FEET, SOUTH 88°38'30" WEST 30 FEET, SOUTH
00019'30" WEST 1088.41 FEET FROM NORTHEAST CORNER, SOUTH 89030'30"
WEST 1024.06 FEET TO EAST LINE OF UNION PACIFIC RAILROAD, SOUTH
00024'20" WEST 300 FEET, NORTH 89'30'30" EAST 1024.48 FEET TO POINT
ON WEST LINE OF TIMBERLINE ROAD, NORTH 00°19'30" EAST 300 FEET TO
POINT OF BEGINNING.
Section 2. That the Director of Engineering is hereby authorized and
directed to amend said Zoning District Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered published
this 19th day of January, A.D. 1993, and to be presented for final passage on the
2nd day of February, A.D. 1993.
ayor
ATTEST:
City Clerk
Passed and adopted on final reading this 2nd day of February, A.D. 1993.
ATTEST:
City Clerk
3
ITEM: TIMBERLINE %/
ANNEXATION & ZONING Ncrth
OPTION A
ITEM.
TIMBERLINE
Nach
ANNEXATION & ZONING
OPTION B
DATE: January 19, 1993 2 1 ITEM NUMBER: 22 a-b
located on these properties will have to conform to the City's Sign Code at the
conclusion of a five year amortization period.
OWNERS: Spring Creek Farms, Inc.
c/o Glen Johnson
3432 Carlton Ave.
Ft. Collins, CO 80525
Cargill, Inc.
P.O. Box 9300
Dept. 5
Minneapolis, MN 55440
General Steel Industries, Inc.
c/o Randall, Rudolph & Assoc., Inc.
P.O. Box 610026
Dallas, TX 75261
Energy Coatings Co., Inc.
c/o Randall, Rudolph & Assoc., Inc.
P.O. Box 610026
Dallas, TX 75261
Fort Collins Pipe Co.
P.O. Box 300
Lone Star, TX 75668
BACKGROUND:
The property is located within the Fort Collins Urban Growth Area. According to
the 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 consider and pursue the annexation property in the UGA when
the property is eligible for annexation according to State law. The specific
wording from the UGA Agreement is as follows:
Policy 1.6
That the policy of the City is to consider the annexation of all
properties within the unincorporated area of the Urban Growth Area as soon
as said property becomes eligible for annexation.
Agreement 2.10 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 prior to
January 1980, when State statutory requirements for involuntary
annexations have been met.
At the November 17, 1992, Council meeting, the Council requested additional
background information on the UGA Agreement. The goals of the UGA include: to
define areas where urban densities and uses are appropriate; to achieve the
orderly development of land within such areas; to achieve common urban design
standards; to encourage the annexation of land; and to minimize the provision of
urban services by Larimer County.
A Commitment To Progress
AO
r_
LARIMER COUNTY COLORADO
December 14, 1992
Mr. Greg Byrnes
Community Development Director
City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522
Dear Greg:
Planning Division
John L. Barnett, Director
Post Office Box 1190
Planning 498-7683
Inspection Services 498-7700
FAX# 498-7985
Larimer County supports the annexation of properties in the Urban
Growth Area for the reasons stated in the Intent and Purpose
Section of the County's Supplemental Regulation applying to the UGA
Zone District.
In addition, the Timberline Annexation is important because
portions of the area are zoned I -Industrial, which would permit by
right several intensive uses that do not trigger the required
annexation prior to development. These uses include commercial
activities, manufacturing plants, and processing plants.
The balance of the proposed annexation is currently zoned FA-1.
Under current procedures the property is eligible to submit Minor
Residential Development without annexation. Building permits for
farm structures, accessory uses, livestock production, and similar
farm uses would also be permissible.
For these reasons, we encourage the City to continue its past
annexation policies of annexing enclaves and infill properties in
the Urban Growth Area when they become eligible.
Thank you for the opportunity to submit Larimer County's concerns
regarding infill annexation.
ank u,
John Barnett
Planning Director
JB/RNL/mc
cc: Board of County Commissioners
file
BOARD OF COUNTY COMMISSIONERS
Courtlyn W. Hotchkiss
District I
M. J. 'Moe' Mekelburg
District II
Daryle W. Klassen
District III
/—
P&Z Meeting Minutes
October 19, 1992
Member O'Dell asked that from the KFC parking lot there would be access to the King Parcel?
Mr. Shepard stated that there was hope to accommodate that opportunity.
Member Carroll moved to approve the West Elizabeth Plaza, KFC, PUD, Final with the
condition recommended by staff and also with a second condition that the previously
designed access to the east be reduced to bicycle/pedestrian access only with emergency
access for Poudre Fire Authority emergency vehicles only. Member Cottier seconded the
motion.
Member Clements -Cooney asked that if the Poudre Fire Authority feels that this access is
unnecessary that it should be made as a permanent bicycle/pedestrian access without poles and
chains.
Mr. Shepard agreed that the access should be made permanent and suggested that "as required"
should be added to the second condition of the motion.
Member Carroll added "as required" to the second condition of the motion. Member
Cottier seconded the addition. The motion to approve carried 4-0.
TIMBERLINE ANNEXATION AND ZONING. Case #40-91A
Mr. Ken Waido gave a description of the proposed annexation recommending approval.
Mr. Paul Eckman, Deputy City Attorney, stated that the recommendation, for which the Board
would consider for City Council, would be whether the property should be annexed. Since it
is an enclave annexation it does not need to have any annexation agreement that accompanies
it. If an annexation agreement is to accompany an annexation then there needs to be some
valuable consideration given to the City by the property owner to support the agreement.
Basically, the City would not assess these Special Improvement District Assessments against the
property owner. He stated that right-of-way dedication would be something that would support
the contract.
He stated that the Board should make the recommendation to the Council on the annexation and
if an agreement is to be made by the City promising not to levy assessments that the agreement
be supported by some valuable consideration flowing to the City.
Member Carroll wanted clarification that the City is willing to waive the assessments for
improvements and staff felt that was fine?
P&Z Meeting Minutes
October 19, 1992
Mr. Waido stated that the agreement is worded in such a way that the assessments on any urban
improvements would not be made on Spring Creek Farms property until those properties come
out of a farming operation and start to develop. They would only delay the period of time when
those assessments would be made to the property.
Member Carroll stated that if he were to own property to the south or west and does something
with it, then normal City policy would be that he would pay part of the improvements and the
neighbor to the north or east would pay the other part. Member Carroll stated that the City
Attorney's Office stated that in essence this agreement would be an unsupported promise or such
by the City and; therefore, the City ought to get something in return.
Mr. Waido agreed with that theory.
Member Carroll asked that staff isn't requesting anything in return?
Mr. Waido stated that in order to enter the agreement to not assess them for urban
improvements, the City needs to receive something.
Member Carroll stated that is a legal opinion and that staff is not requesting anything and is
simply asking for that on the advice of the atorney's office?
Mr. Waido agreed.
Mr. Peterson added that there is a history to the property owner's concern. He stated the people
who own Spring Creek Farms had been on the outer edges of the City for a number of years.
He stated that the owners of this piece of property owned property which was donated to Edora
Park and they were tagged with a special assessment when urban development started.
Ultimately the area is really on the fringe of urban development in this City. A new High
School is being developed to the south and there will be ample water, sewer, electric and road
capacity that will be developed, which will force this property out of the farming mode. It is
the owners intention to hold onto this property for farming until they are ready to sell. He
pointed out that the Special Improvement District would only apply to the property until the use
changes from farming.
Member Carroll asked if the City would make the provision that without the requirement for the
dedication of right-of-way that they do not oppose the annexation?
Mr. Waido stated that they do not object to the annexation provided that the agreement covers
the stipulations for which it does. He stated that the owners are still not very happy with the
hunting aspect or the sales tax aspect.
P&Z Meeting Minutes
October 19, 1992
Member Cottier asked that at some point in the future when the urban improvement charges are
assessed then why is anything being required in return now. She felt that the dedication of right-
of-way seemed to be a pretty large contribution on their part to just get delayed charges.
Mr. Eckman responded that in the dedication of all that right-of-way he did not think that it was
legally necessary that it all be dedicated. He stated that it was the feeling that something of
value be given to support the contract by way of consideration.
Member Cottier asked if one dollar would suffice?
Mr. Eckman stated that would be valuable consideration. The issue is the time value of money
because eventually the assessments would go against some urbanized use there. The fear is if
the City loads up some other property with assessments than that person who was assessed would
legitimately complain. If the City takes the assessment on itself than the taxpayers could
legitimately complain that there was no public purpose to support the City's taking on that debt.
Mr. Eckman felt that without something being received by the City to support that public
purpose than the contract could be challenged.
Member O'Dell asked that at the point when they decide to develop some portion of the property
than they would be required to do some road improvements and this whole condition would be
null and void?
Mr. Waido stated that it may not even come into effect that if there is no assessment on the
property and they just have a development requirement to improve the street as part of
development then the whole discussion could be mute.
Member O'Dell asked that only in a situation where the need for Timberline Road be expanded
and the need for the right-of-way proceeded the development of this property this condition
would then go into effect?
Mr. Waido responded that some type of improvement within existing right-of-way which would
need to be put into a special improvement district verses a capital improvement program.
Member O'Dell asked that a similar arrangement was made with this property owner in the past
that this contract has come up or has this happened in any other parts of the City or
Annexations?
Mr. Waido replied that it is just the fact that these property owners have had experience with
several conditions of this sort and seek to protect themselves.
P&Z Meeting Minutes
October 19, 1992
Member O'Dell asked that it is the Board's responsibility to make a recommendation on the
appropriateness of the annexation from a land use stand point or whether it meets the rules of
the State?
Mr. Waido stated that a recommendation from the Board is appropriate.
Member O'Dell asked if it was really the responsibility of the Planning and Zoning Board to
make these kind of decisions?
Mr. Peterson replied that it was appropriate for the Board to comment on the recommendation
made by staff, but it is ultimately City Council that needs to make the decision on whether the
conditions of an annexation agreement are appropriate.
Member Carroll moved to recommend to City Council the Timberline Annexation and
Zoning for approval. Member Clements -Cooney seconded the motion.
Member Carroll commented that if staff and the landowner are in agreement that the assessment
fees should not be paid until the property is assessed that is fine. He would suggest that if such
an agreement was entered into perhaps the consideration coming from the landowner would be
that he would not object to the annexation.
Member O'Dell felt that because of the way the law is written on enclave annexations, it is not
reasonable to say that the City would give people special consideration if they put up a fuss.
She felt that what the City Attorney is recommending is more reasonable and equitable and that
Council should look at some kind of trade or bargain to be reached with the landowners.
Member Carroll stated that his understanding was that the agreement was a perfectly reasonable
request and had no problem with it from a practical standpoint.
Member Cottier felt that this project is beyond the Board's normal involvement and obviously
it is an enclave and meets all the State laws for annexation. She stated that she does not feel
comfortable in negotiating some agreement with respect to waiving future urban improvement
charges. If the City feels that to be necessary it would be appropriately done by City Council
and the legal department.
The motion to recommend approval carried 4-0.
Co. iuniiv Planning and Environm;- .al Services
Planning Department
City of,Fort Collins
October 12, 1992
Mr. Glen Johnson
3432 Carlton Ave.
Fort Collins, CO 80525
Dear Mr. Johnson,
The purpose of this letter is to respond to your September 20,
1992, letter requesting additional provisions be included within
the Annexation Agreement between the City of Fort Collins and
Spring Creek Farms, Inc., regarding Spring Creek Farms' land to be
included within the Timberline Annexation. In addition, this
letter will also include comment's from the City Attorney's office
regarding your request of a waiver from the payment of urban
improvements as long as your land is farmed. I will repeat your
request and discuss how it is, or is not, included within the
Annexation Agreement.
1. The usual farming and feeding procedures will not be
interrupted by the City, including ditch burning,
pesticide and herbicide applications by ground or air,
and all noises, dust and odors associated with
agriculture and feedlot operations.
A new section, #3, has been added to the Agreement identifying the
farming and feedlot operations as "existing uses" on the property
to be annexed. The existing uses would include all normal noises,
dust, and odors associated with agriculture and feedlot operations.
The Agreement does not address ditch burning and pesticide and
herbicide applications because, as my February 6, 1992, letter to
you indicated, such items are currently covered by the Fire Code of
the Poudre Fire Authority. The Fire Code is the same for the City
and for the Fire District. With regards to the burning of ditches,
the area proposed for annexation is mostly outside the open ditch
burning restriction area so ditches can be burned without a permit.
However, as the area develops it will be included within the
restricted area and a permit will be required. Since the Fire Code
applies equally to properties outside and inside the city limits,
I made no changes to the Agreement regarding the issues of ditch
burning and pesticide applications.
2. Irrigation practices must not be hindered by any City
procedures.
The City notifies ditch companies of any pending development
proposal which may have an impact on their irrigation systems.
281 North College Avenue • r.O. Box 380 • Fort Collins, CO 80322 11380 • (303) 221 6750
Ditch companies must sign -off on all development proposal utility
plans submitted to the City. This standard operating procedure, I
believe, protects irrigation practices. Therefore, I have not made
•any changes to the Agreement with regard to this issue.
3. Protection of our hunting privileges and the right to
lease hunting rights as it has been in the past.
Section 17-101 of the Code of the City of Fort Collins makes it
illegal for anyone to discharge a firearm, bow and arrow, or any
type of weapon inside of the city limits. An Agreement could not
be signed by the City containing provisions which are contrary to
17-101. Therefore, unfortunately, the ability to lease hunting
rights on your property would have to cease after annexation.
4. We shall be consulted about any future master planning of
lands involved.
In preparing new policies for the City's Comprehensive Plan, the
City notifies and includes all property -owners which may be
affected by such policies.
For any development proposal, the City notifies all property -owners
within 500 feet of the proposal as a matter of practice. Larger
notification distances are used when more intense projects are
proposed. Since these are standard operating procedures, I did not
make any additions to the Agreement regarding this issue.
5. A special permit, good until total development, will be
issued exempting Farms and operators from paying City
sales tax on goods and services for normal operations.,
Section 25-73 of the Code of the City of Fort Collins allows
exemptions from City Sales Tax on certain farm related goods and
services, including purchases of feed, feed supplements, and drugs
for livestock or poultry, purchases of seeds, plants, and
fertilizers for commercial farming and ranching, purchases of
livestock and poultry, and any existing automotive vehicles and
farm machinery.
Other goods and services are taxable including purchases of
automotive vehicles, leases or rentals of vehicles or equipment,
and purchases of machinery and parts (these do not apply for farm
machinery used on property outside of city limits).
As in the case of firearms with Section 17-101 cited above, an
Agreement could not be signed by the City containing provisions
which are contrary to 25-73, therefore, I did not make any changes
to the Agreement regarding City Sales Tax.
6. Storm drainage fees, park fees and any other City imposed
fees will not be assessed to any portion of the
undeveloped lands and improvements.
As you know, Sections 1 and 2 of the Agreement relate to the waiver
of the assessment of street fees related to urban development. The
City Attorney's office indicates that in order to grant this
request the City would need to receive something in return as a
"quid pro quo" to the City to justify the waiver. The City
Attorney's office suggests perhaps a dedication of arterial street
rights -of -way along the perimeter on the annexed property to
fulfill the "quid pro quo." A new sentence has been added to
Section 1 to cover this requirement.
As indicated in my February 6, letter, farm land is treated as
undeveloped land and monthly storm drainage fees are not charged.
A house located on farm land would be considered a typical single-
family house with an 8,000 square foot lot and 40% impervious area
for fee calculation purposes.
Park fees and other such fees are "development" fees collected at
the time of building permit requests. If a building permit is
requested, the applicable fees will be assessed by the City.
Again, since the request relates to standard operating procedures
I did not make any changes to the Agreement regarding fees.
I have attached a new draft version of the Annexation Agreement for
your review. If you have further comments or questions, please
feel free to contact me. City staff, including Paul Eckman from
the City Attorney's office, is willing to meet with you and discuss
any provisions of the draft annexation agreement.
Sincerely,
Kenneth G. Waido
Chief Planner
AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 1992, by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, party of the first part,
hereinafter sometimes designated as the "City", and SPRING CREEK
FARMS, INC., a Colorado corporation, party of the second part,
hereinafter sometimes designated as "Owner".
WITNESSETH:
WHEREAS, the City is in the process of annexing certain lands
known as the Timberline Annexation to the City of Fort Collins; and
WHEREAS, the Owner owns approximately 352 acres located in
Sections 19, 20, and 29, Township 7 North, Range 68 West of the 6th
P.M., Larimer County, Colorado, more fully described in "Attachment
All, and;
WHEREAS, a portion of such lands of the Owner is included in
the Timberline Annexation to the City of Fort Collins; and
WHEREAS, the Owner intends at this time to continue to utilize
its lands as a farm and not to develop said lands for urban uses
until some time in the future; and
WHEREAS, the parties have agreed that the owner should not be
required to install road improvements or other improvements
relating to the ultimate development of said lands or to pay for
the same until the Owner's lands develop.
NOW THEREFORE, in consideration of the premises and the terms
of the within agreement, the parties agree as follows:
1. The City agrees not to attempt to levy a special
assessment against the lands of the Owner on account of street
improvements or other improvements relating to urban development
adjoining the Owner's lands so long as the Owner's lands continue
to be occupied as a farm and are not developed for more urban uses.
The Owner agrees to dedicate arterial street right-of-ways along
the perimeter of the annexed property to fulfill the City's
agreement.
2. In the event the City determines that it is necessary to
improve roads adjoining the lands of the Owner, the City may
install such improvements but will not assess the cost of the same
pertaining to the Owner's lands until the Owner begins development
of its lands. In such event, the cost which would normally have
been assessed against the Owner's lands may be paid by the City and
the Owner agrees to reimburse the City for its share of such costs
at such time as the Owner develops its lands for urban purposes.
The parties agree that the City may require payment of such amount
as a condition of approving a subdivision plat, planned unit
development, or other development of the Owner's lands for urban
purposes.
3. The City agrees that the Owner's land is currently used
•for farming and livestock feedlot operations. These uses shall be
considered the legal uses as existing on the property at date the
property was placed into the T, Transitional, Zoning District. The
existing uses shall include all normal noises, dust, and odors
associated with agricultural and feedlot operations.
4. The terms of this agreement shall pertain to all of the
Owner's lands located in Sections 19, 20, and 29, Township 7 North,
Range 68 West of the 6th P.M., Larimer County, Colorado, more
particularly described in "Attachment All.
IN WITNESS WHEREOF, the parties hereto have signed this
agreement the day and year first hereinabove written.
THE CITY OF FORT COLLINS, COLORADO
o1
ATTEST:
City Clerk
City Manager
SPRING CREEK FARMS, INC.
By
President
ATTEST:
Secretary
3
The City and County have agreed ...
... to establish an urban growth area surrounding the City of Fort Collins
and that the UGA is appropriate for the location and development of urban
land uses and urban residential densities.
... to establish a Fort Collins UGA Review Board to act as the single
recommending body to the Larimer County Board of Commissioners concerning
development applications within the unincorporated portion of the UGA.
... that all County Regulations and procedures apply to development
proposals within the UGA.
... that the City is not obligated to annex developments approved by the
County after January 1988 which do not conform to UGA urban development
standards.
The County agrees ...
... to limit urban development outside the UGA to areas designated as
Municipal Expansion Areas, Employment Center Reserves, and Urban
Development Areas on the Larimer County Land Use Plan.
... not to accept any development application for a property which is
eligible for voluntary annexation to the City.
... the City Council reserves the right to review and comment on
development proposals which propose waiver requests to the UGA Phasing
Criteria.
... to establish a Park Fee within the UGA equivalent to the Park Fee
collected by the City.
... to establish a Drainage Basin Fee within the UGA consistent with
Drainage Basin Fee collected within the drainage basin in the City.
... that the City may annex outside the UGA.
... to require a binding Annexation Agreement as a condition of approval
of any development proposal within the UGA not eligible for voluntary
annexation into the City.
The City agrees
... the Board of Commissioners may waive UGA Phasing Criteria for "in -
fill" development proposals.
... to consider the annexation of any parcel in the UGA when the parcel
qualifies according to State law for voluntary annexation.
... to pursue involuntary annexation of areas when State law
qualifications have been met.
... to apply its Off -Site Street Improvement Policy to developments within
the city which have an impact on County roads outside the city.
Development Services
Planning Department
City of Fort Collins
February 12, 1992
Spring Creek Farms
c/o Glen A. Johnson
3432 Carlton Avenue
Fort Collins, CO 80525
Dear Mr. Johnson,
Enclosed, as per your request, is a copy of the 1977 agreement
between the City of Fort Collins and Spring Creek Farms, Inc.,
concerning assessments of improvements prior to the development of
property owned by Spring Creek Farms.
If you have any further questions regarding this matter, please
feel free to contact me.
Sincerely,
Kenneth G. Waido
Chief Planner
CC. Mr. Calvin Johnson
2600 S. County Road 11
Fort Collins, CO 80525
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-b7-
OF THE C
DATE:
TO:
FROM:
RE :
-c v
MANAGER
M E M O R A N D U M
November 15, 1977
The Honorable Mayor and City Council
John E. Arnold, City Manager
Agreement relating to Subdivision Improvements
for Lands of Spring Creek Farms, Inc.
The Harmony Annexation No. 4 includes some of the lands of
Spring Creek Farms, Inc., adjoining Harmony Road. This is
only a small portion of the lands of this owner, and the
owner has expressed concerns that he might be assessed for
street improvements or similar subdivision improvements
prior to the time he develops his lands and while they are
still occupied as a farm. The Council has indicated that it
was willing to enter into an agreement that assessments for
such improvements would be deferred until such time as these
lands were developed. The enclosed agreement has been
prepared to express this understanding. The agreement
provides that although the City may install such improvements
ahead of the development of this property, the amount to be
assessed against the Owner would be deferred until development
of these lands begins.
Recommendation: Administration recommends that the Council
approve the agreement and authorize the City Manager and
City Clerk to execute the same on behalf of the City.
DRAFT
AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 1992, by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, party of the first part,
hereinafter sometimes designated as the "City", and SPRING CREEK
FARMS, INC., a Colorado corporation, party of the second part,
hereinafter sometimes designated as "Owner".
WITNESSETH:
WHEREAS, the City is in the process of annexing certain lands
known as the Timberline Annexation to the City of Fort Collins; and
WHEREAS, the Owner owns approximately 352 acres located in
Sections 19, 20, and 29, Township 7 North, Range 68 West of the 6th
P.M., Larimer County, Colorado, more fully described in "Attachment
All, and;
WHEREAS, a portion of such lands of the Owner is included in
the Timberline Annexation to the City of Fort Collins; and
WHEREAS, the Owner intends at this time to continue to utilize
its lands as a farm and not to develop said lands for urban uses
until some time in the future; and
WHEREAS, the parties have agreed that the owner should not be
required to install road improvements or other improvements
relating to the ultimate development of said lands or to pay for
the same until the Owner's lands develop.
NOW THEREFORE, in consideration of the premises and the terms
of the within agreement, the parties agree as follows:
1. The City agrees not to attempt to levy a special
assessment against the lands of the Owner on account of street
improvements or other improvements relating to urban development
adjoining the owner's lands so long as the Owner's lands continue
to be occupied as a farm and are not developed for more urban uses.
2. In the event the City determines that it is necessary to
improve roads adjoining the lands of the Owner, the City may
install such improvements but will not assess the cost of the same
pertaining to the Owner's lands until the Owner begins development
of its lands. In such event, the cost which would normally have
been assessed against the Owner's lands may be paid by the City and
the Owner agrees to reimburse the City for its share of such costs
at such time as the Owner develops its lands for urban purposes.
The parties agree that the City may require payment of such amount
as a condition to approving a subdivision plat or other development
of the Owner's lands for urban purposes.
3. The terms of this agreement shall pertain to all of the
Owner's lands located in Sections 19, 20, and 29, Township 7 North,
Range 68 West of the 6th P.M., Larimer County, Colorado, more fully
described in "Attachment All.
IN WITNESS WHEREOF, the parties hereto have signed this
agreement the day and year first hereinabove written.
ATTEST:
City Clerk
THE CITY OF FORT COLLINS, COLORADO
By
City Manager
SPRING CREEK FARMS, INC.
By
ATTEST: President
Secretary
page 2
I think you will find most of these items were
discussed by Paul Eckman and our attorney, Gene Fischer.
in July and August 1988. It was Mr Eckman's opinion at
that time these things could be included in an annexation
agreement. Our demands for no city real estate tax will
no longer be pursued.
Very truly yours,
SPRING CREEK FARMS
Glen A Johnson. Partner
cc: Calvin Johnson
Gene E Fischer
Co. aunty Planning and Environm._. ,.d Services
Planning Department
City of, Fort Collins
August 24, 1992
Spring Creek Farms
c/o Glen Johnson
3432 Carlton Avenue
Fort Collins, CO 80525
Dear Mr. Johnson,
Earlier this year we discussed several issues related to the
inclusion of property owned by Spring Creek Farms Inc., in the area
known as the Timberline Annexation to the City of Fort Collins. On
February 12, at your request, I forwarded a copy of a 1977
agreement between the City and Spring Creek Farms concerning
assessments of improvements prior to the development of property
owned by Spring Creek Farms contained within the Harmony Annexation
No. 4.
The purpose of this letter is to inform you that City staff will
begin processing the Timberline Annexation. This process requires
a public hearing before the Planning and Zoning Board and another
hearing before the City Council for a final decision. The Planning
and Zoning Board hearing will be on Monday October 19, at 6:30 p.m.
in Council Chambers of City Hall West located at 300 Laporte
Avenue. The City Council hearing dates will be November 3 and 17
also starting at 6:30 p.m. in the Council Chambers.
Staff will present to the Board and Council a similar agreement
pertaining to the Timberline Annexation, a draft of which is
attached to this letter (and is currently being reviewed by the
City Attorney).
If you have any further questions, please feel free to contact me.
Sincerely,
�iCllls A. 4i4�4
Kenneth G. Waido
Chief Planner
cc. Mr. Calvin Johnson
2600 S. County Road 11
Fort Collins, CO 80525
28L North College Avenue • P.O. Box 580 • Fort Collins, CO 80:5212-0580 • (303) 221-670
"Attachment A"
Parcel Number: 87194-00-001
E 1/2 19-7-68 LESS THE FOL: 35 ACRES M/L TO CITY OF FTC, 32
ACRES UP RR, 10 ACRES C & S RR, 4 ACRES DRY CREEK, TR IN NE
1/4 OF NE 1/4 19-7-68 LOCATED E OF C & S RR R/W & S OF SPRING
CREEK DITCH & LESS THE FOL BKS & PGS: 1162-257, 1401-354 &
355, 1488-208, 1382-158 & 1700-433, 1913-547, 2050-178 & LESS
88048248.
Parcel Number: 87203-00-006
A TRIANG PAR LYING IN SW COR OF NW OF NW, LYING S & W OF C &
S RR R/W, 20-7-68 & SW OF NW, LESS 2 1/2 ACRE RR, W 1/2 OF SW,
LESS 8 ACRE RD & DITCH, 20-7-68 LESS POR IN BK 1906 PG 667.
Parcel Number: 87204-00-013
SE, E 1/2 SW. SE NW 20-7-68, EXC THAT PART LYING N & E OF C &
S RR.
Parcel Number: 87290-00-006
N 1/2 OF NW 29-7-68.
SPRING CREEK FARMS
3432 Carlton Ave -
Fort Collins, Colorado
80525
September 20, 1992
City of Fort Collins
Planning Department
Mr Kenneth Waido
P 0 Box 580
Fort Collins. CC 80522
Dear Mr Waido;
In a letter to us dated September 19. 1991, you re-
quested our voluntary participation in an annexation of
350+ acres of our lands into an area to be known as the
Timberline Annexation. Since that original letter we en-
gaged in some periodic discussions regarding this proced-
ure and have advised both you and Mr Petersen of our
various concerns.
It has been established by you that upon our voluntary
annexation the City would sign an agreement similar to the
one they signed on November 15, 1977 when other property
we owned was annexed by Fort Collins. It is our wish,
since such a large acreage is concerned. that this agree-
ment be broadened to include the following:
1. The usual farming and feeding procedures will
not be interrupted by the City, including
ditch burning, pesticide and herbicide appli-
cations by ground or air, and all noises,
dust and odors associated with agriculture and
feedlot operations.
2. Irrigation practices must not be hindered by
any City procedures.
3. Protection of our hunting privileges and the
right to lease hunting rights as it has been
in the past.
4. We shall be consulted about any future master -
planning of lands involved.
5. A special permit, good until total develop-
ment, will be issued exempting Farms and oper-
ators from paying City sales tax on goods and
services needed for normal operations.
6. Storm drainage fees, park fees and any other
city imposed fees will not be assessed to any
portion of the undeveloped lands and improve-
ments.
AGREEMENT
THIS AGREEMENT is made and entered into this )"." day
of November, 1977, by and between•THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, party of the first part,
hereinafter sometimes designated as the "City", and SPRING
CREEK FARMS, INC., a Colorado corporation, party of the
second part, hereinafter sometimes designated as "Owner",
WITNESSETH:
WHEREAS, the City is in the process of annexing certain
lands known.as Harmony Annexation No. 4 to the City of Fort
Collins; and
WHEREAS, the Owner owns approximately 304 acres consisting
of most of the East 1/2 of Section 32, Township 7 North,
Range 68 West of the 6th P.M., Larimer County, Colorado; and
WHEREAS, a portion of such lands of the Owner is included
in the Harmony Annexation No. 4 to the City of Fort Collins;
and
WHEREAS, the Owner intends at this time to continue to
utilize its lands as a farm and not to develop said lands
for urban uses until some time in the future; and
WHEREAS, the parties have agreed that the Owner should
not be required to install road improvements or other improve-
ments relating to the ultimate development of said lands or
to pay for the same until the Owner's lands develop.
NOW, THEREFORE, in consideration of the premises and
the terms of the within agreement, the parties agree as
follows:
1. The City agrees not to 'attempt to levy a special
assessment against the lands of the Owner on account of
street improvements or other improvements relating to urban
development adjoining the Owner's lands so long as the
Owner's lands continue to be occupied as a farm and are not
developed for more urban uses.
2. In the event the City determines that it is necessary
to improve roads adjoining the lands of the Owner, the City
may install such improvements but will not assess the cost
of the same pertaining to the Owner's lands until the Owner
begins development of its lands. In such event, the cost
which would normally have been assessed against the Owner's
lands may be paid by the City and the Owner agrees to reimburse
the City for its share of such costs at such time as the
Owner develops its lands for urban purposes. The parties
agree that the City may require repayment of such amount as
a condition to approving a subdivision plat or other develop-
ment of the Owner's lands for urban purposes.
3. The terms of this agreement shall pertain to all of
the Owner's lands located in the East 1/2 of said Section
32, regardless of whether the same are included in the
property currently being annexed to the City of Fort Collins.
004:
DATE: January 19, 1993
4 ITEM NUMBER: 22 a-b
The above agreements represent a series of "trade-offs" between the City Council
and County Commissioners related to growth management and the provision of public
services within the UGA. It is difficult for staff to gauge the relative
importance of specific items in relationship to other items for each elected
body. Staff does believe, however, that the City's willingness to annex property
within the UGA is a key consideration to the County's continued participation in
the UGA Agreement.
The area to be annexed is a county enclave. Colorado annexation laws allow a
municipality to annex an enclave area, an area which has been completely
surrounded by properties annexed into the municipality. An area must be
surrounded for a period of not less than 3 years to become eligible for
annexation as an enclave. While State law allows a municipality to annex an
enclave, State law does not require a municipality to annex an enclave. Also,
a municipality may annex a portion of an enclave although the portion to be
annexed itself is not completely surrounded by property annexed into the
municipality, so long as the annexed portion has some contiguity to existing City
boundaries. The following annexations to the City of Fort Collins created the
enclave:
N: East Prospect Road First Annexation, September 6, 1973.
E: Rigdon Farm Annexation, August 16, 1988.
East Prospect Road First Annexation, September 6, 1973.
S: Blue Spruce Farm Annexation, October 6, 1987.
Greenwalt Tenth Annexation, June 21, 1977.
Rigdon Farm Annexation, August 16, 1988.
W: Union Pacific South Second Annexation, May 17, 1988.
This area has thus been eligible for involuntary annexation into the City since
August 16, 1991. On September 19, 1991, staff sent a letter to the property
owners informing them of the pending annexation, potential zoning district
designation, and meeting date of review by the Planning and Zoning Board. Staff
received several questions from Spring Creek Farms, Inc., the largest single
property -owner (352 acres) within the annexation. No subsequent contact was made
from other the property owners. All property owners were renotified, on
September 2, 1992, of the new October 19, 1992, Planning and Zoning hearing date.
Annexation represents the most effective way for the City to guide its own
future. Annexation allows the City to increase its land area to accommodate new
growth and development and to expand its tax base.
Following annexation, the City can manage growth through the application of its
land use regulations, including zoning, PUD, sign code, etc., to new development
proposals. The City, thus, through annexation acquires the final decision making
authority regarding new development proposals.
The annexation of property can be a source of additional revenue to the City
through the collection of additional property tax, sales and use taxes, licenses,
and development fees.
The City also provides services to newly annexed areas including, but not limited
to, water and sewer utilities, storm drainage management, police protection,
street maintenance, mass transit, and parks and recreational programs.
Undeveloped property usually does not require a great expansion of City services.
Also, tax revenues generated by vacant property are relatively minimal.
IN WITNESS WHEREOF, the parties hereto have signed this
agreement the day and year first hereinabove written.
ATTEST:
I-7C
C—it�y Clerk
ATTEST:
Sgcretary
THE CITY OF FORT COLLINS,
COL080
By , LL"&—L
City MAnager
J �
SPRING CREEK , FARMS,
By
President
-3-
De, _` pment Services
Planning Department
U
February 6, 1992
Spring Creek Farms
C/O Glen A. Johnson
3432 Carlton Avenue
Ft. Collins, Co 80525
Dear Mr. Johnson,
The purpose of this letter is to respond to several questions you
raised during a meeting with Mr. Tom Peterson, City of Fort Collins
Director of Planning, concerning the inclusion of your property in
the proposed Timberline Annexation. Your questions were submitted
to Mr. Warren Jones, Fire Marshall for the Poudre Fire Authority
(PFA), and to Mr. Bob Smith of the City's Storm Drainage Utility,
for review and answers. I will repeat your question and provide
their responses.
(1) Pesticide application - Does the City have any regulations in
regards to the utilization of pesticides in farm operation?
With regard to pesticide application, such actions are regulated by
the Fire Code which is the same for the City and the Fire District.
The Fire Code does not regulate pesticide application if applied in
accordance with environmental (U.S,. Environmental Protection
Agency) and other related Federal and State laws. The Fire Code
does regulate bulk storage of pesticides, but the PFA has never
attempted to deal with the end use of pesticides on individual
farms.
(2) Stormwater management - How is farm land calculated in the
formula to determine the amount of storm drainage fees which
need to be paid?
Farm land is treated as undeveloped land and monthly storm drainage
fees are not charged. A house located on farmland would probably
be considered a typical single-family residence with an 8,000
square foot lot and 40% impervious area for fee calculation
purposes.
A feed lot that has barns or farm buildings will have to be viewed
as a commercial operation and a determination of impervious areas
(buildings, etc.) and pervious areas (fenced in areas, grazing or
feeding areas, etc.) determined on a case -by -case basis.
If you would like additional information please feel free to call
Ms. Dottie Nazarenus at 221-6589.
[ai North College A%,enue - P.O. Bos 380 - Fort Collins, CO 86522-0;FO - (303) 221-(1750
(3) Ditch maintenance - What City, or PFA, regulations apply to
the burning of ditches for maintenance purposes?
With regard to the burning of ditches, as with the application of
pesticides discussed above, such actions are regulated by the Fire
Code which is the same for the City and the Fire District. For
open burning of ditches, the area proposed for annexation is mostly
outside the open burning restriction area so ditches can be burned
without a permit. However, as the area develops it will be
included within the restricted area and a permit will be required.
At that time, all open burning except ditch maintenance will be
prohibited.
If you have further questions or concerns regarding the Timberline
Annexation, please feel free to contact me.
Sincerely,
Kenneth G. Waido
Chief Planner
CC. Mr. Calvin Johnson
2600 S. County Road 11
Ft. Collins, CO 80525
DATE•January 19, 1993 5 ITE... NUMBER: 22 a-b
Staff believes that enclave areas, those areas completely surrounded by
properties annexed into the city limits, do have an impact on the provision of
City services. Generally, a "hole" in the City's service area creates
inefficiencies in City services. Among the most major concerns with enclave
areas are questions related to police jurisdiction, and road maintenance.
When parts of a street or road are inside and outside the city limits, the City
and County generally enter into a maintenance agreement indicating which entity
will maintain the street (fix pot holes, plow snow, etc.). Obviously, when an
area is annexed, the City absorbs the maintenance responsibility for any roads
included within the annexation (with the exception of streets within subdivisions
which are maintained by a homeowners' association prior to annexation).
Similarly, when parts of a street or road are inside and outside the city limits,
or an area includes properties both inside and outside the city limits, law
enforcement jurisdictional problems may arise. The most serious jurisdictional
problem relates to responses to emergency situations. The communications center
must relate to a map in order to dispatch a response from the correct agency,
either the City's Police Department or the County Sheriff's Office.
Mr. Glen Johnson of Spring Creek Farms, Inc., a major farming operation, met with
staff and requested information related to pesticide application, stormwater
management, ditch maintenance, and the paying of "urban" improvements. Spring
Creek Farms, Inc., also owned property which was included in the Harmony No. 4
Annexation (1977). At that time, an agreement was reached between Spring Creek
(arms Inc., and the City of Fort Collins dealing with farming activities and the
payment of "urban" improvements related to the Harmony No. 4 Annexation. Mr.
Johnson has requested that a similar agreement be developed related to the
Timberline Annexation. Planning staff prepared an agreement for use in
conjunction with this annexation (draft copy attached). The City Attorney's
office has indicated that because this is an involuntary enclave annexation which
the City can accomplish without the consent of the property owner, any agreement
to exempt the subject property from future assessments should be supported by
some other, independent consideration besides the annexation of property. In
order to provide such consideration, Spring Creek Farms, Inc., might dedicate
arterial streets rights -of -way along either or both Drake and Timberline Roads.
Staff and Spring Creek Farms have resolved several other issues related to the
annexation, including the impacts of farming operations, pesticide application,
and storm drainage fees. Agreement has not been reached with regard to the
issues of exemption from the payment of assessments for street improvements; the
ability to lease lands for hunting; and exemption from City Sales Tax for farming
operations. Mr. Johnson spoke in opposition to the annexation at the November
17, 1992 Council meeting.
With regard to the hunting issue, staff contacted the cities of Loveland,
Greeley, Longmont, Thornton, Northglenn, Aurora, and Colorado Springs to
determine if these cities allowed hunting within their city limits. Of the
cities contacted, only Greeley does not have an outright prohibition against
hunting within its city.
DATE: January 19, 1993 6 ITEM NUMBER: 22 a-b
If Council should decide to allow hunting within the city limits, staff suggests
that ordinance changes be made to be applied on a city-wide basis rather than on
a case -by -case basis within individual annexations.
The issue of irrigation ditches is usually not addressed during the processing
of an annexation. Ditches become an item of concern during the review of
specific development plans for a property.
For the most part, ditches are typically incorporated into open space areas
within a development. Sometimes a minor relocation of the ditch is necessary in
order to conform to the overall development plan for the property. Some
developments cover ditches along their entire route through a developing
property.
Ditch companies are notified of all development proposals affecting their
property. Ditch companies review the development plans and are required to sign -
off on utility plans related to the development of a specific property.
Essentially, nothing can happen to a ditch without the ditch company's approval.
The City, at the time of development, requires dedication of street rights -of -way
consistent with the functional classification of streets on the City's Master
Street Plan. An arterial street, for example, requires the dedication of 100
feet of right-of-way, 50 feet from center -line to be dedicated by property
adjoining each side of the street. In cases where, due to existing development
or other unique circumstances to an area, more right-of-way is required from one
side of the street than the other, the City pays for the additional right-of-way
with monies from the Street Oversizing Fund.
In cases when an irrigation ditch runs parallel to a road, or in close proximity
to a road, which needs to be widened, the ditch typically is relocated as part
of the road widening project.
Zoning.
The suggested zonings for this annexation under Option A include 24.0 acres of
the I-P, Industrial Park, District, and 411.0 acres of the T-Transition,
District. The suggested zonings for Option B include 24.0 acres of the I-P,
Industrial Park, District, and 63.6 acres of the T-Transition, District.
The I-P District designation is for light industrial park areas containing
controlled industrial uses located in proximity to areas zoned for residential
use and/or along arterial streets. The sites of Fort Collins Pipe and Energy
Coating companies are suggested for the I-P zone. The areas to the west of these
companies are zoned R-L-P, Low density Planned Residential, and R-P, Planned
Residential, and are developed as the Parkwood East Subdivision and the Parkwood
East Apartments. Timberline Road is planned to be a major (6-lane) arterial
street. Also, located to the west is EPIC and Spring Creek Park. The existing
uses would become legal non -conforming uses under the I-P Zone. The existing
uses may continue under the I-P Zone and even expand through the "expansion to
a non -conforming use process" which requires a hearing by the Planning and Zoning
Board. New uses will have to conform to the requirements of the I-P Zone or be
processed as a Planned Unit Development (PUD) and be reviewed according to the
criteria of the LAND DEVELOPMENT GUIDANCE SYSTEM (LOGS). These properties will
probably eventually redevelop with industrial uses which could require greater
public scrutiny than the former uses received.
DATE: January 19, 1993
7 ITF NUMBER: 22 a-b
The T-Transition, District designation is for properties which are in a
transitional stage with regard to ultimate development. The only uses allowed
within the T Zone are the uses which existed at the time the T Zone was placed
on the properties. The agricultural areas within the annexation, including the
properties owned by Spring Creek Farms, Inc., are suggested to be placed into the
T Zone. When urban development is proposed on these properties they would have
to be rezoned to a zone which allows development.
Findings
I. The annexation of this area is consistent with the policies and agreements
between Larimer County and the City of Fort Collins contained in the
INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA.
2. The area meets all criteria included in State law to qualify for annexa-
tion by the City of Fort Collins.
3. On October 6, 1992, the City Council passed a resolution setting forth the
intent to annex this property and scheduling a public hearing for the
consideration of the annexation and zoning ordinances related to the
annexation.
4. The requested I-P, Industrial Park, and T, Transition, Zoning Districts
are in conformance with the policies of the City's Comprehensive Plan.
STAFF RECOMMENDATION:
Staff recommends approval of Option A, the annexation and zoning of the entire
enclave area of 435.0 acres.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Planning and Zoning Board, at its regular monthly meeting on October 19,
1992, voted 5-0 to recommend approval of the entire enclave annexation and
suggested zonings. A copy of the Board's minutes is attached.
LARIMER COUNTY RECOMMENDATION:
Larimer County encourages the City to annex the entire enclave area. (See
attached December 14, 1992, letter from Mr. John Barnett, Larimer County Planning
Director.)
Option A
ORDINANCE NO. 122, 1992
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
TIMBERLINE ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 92-170, stating the intent of the City of Fort Collins
to annex certain property and initiating annexation proceedings, has heretofore
been adopted; and
WHEREAS, the Council of the City of Fort Collins 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 SECTIONS 19, 20 AND 29, TOWNSHIP 7 NORTH,
RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, WHICH
CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION
20 AS BEARING N 00001'41" W AND WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN
AT THE SOUTHWEST CORNER OF SAID SECTION 20 AND RUN THENCE S
89021'52" W 1056.49 FEET; THENCE N 00°04'23" W 2653.07 FEET; THENCE
N 89005'13" E 125.01 FEET; THENCE N 00°10'14" W 890.53 FEET; THENCE
N 87057'27" E 379.23 FEET; THENCE N 13°54'27" E 110.27 FEET; THENCE
N 88°05'27" E 526.94 FEET; THENCE N 00°13'33" W 780.53 FEET; THENCE
S 44055'04" E 438.69 FEET; THENCE S 49038'24" E 255.06 FEET; THENCE
S 89049'03" E 815.51 FEET; THENCE S 00°27'53" E 691.82 FEET; THENCE
S 49038'24" E 5148.23 FEET; THENCE N 89026'11" W 82.54 FEET; THENCE
N 49052'54" W 47.11 FEET; THENCE N 89°26'11" W 2480.38 FEET; THENCE
S 00006'53" E 30.00 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION
20; THENCE S 00006'53" E 1326.66 FEET; THENCE N 89°24'19" W 2642.16
FEET; THENCE N 00004'08" W 1325.15 FEET TO THE POINT OF BEGINNING.
CONTAINING 435.2370 ACRES.
be, and hereby is, annexed to the City of Fort Collins and made a part of said
City, to be known as the Timberline 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 17th day of November, A.D. 1992, and to be presented for final passage on
the 19th day of January, A.D. 1993. -
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of January, A.D. 1993.
Mayor
ATTEST:
City Clerk