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HomeMy WebLinkAboutFOSSIL CREEK WETLANDS NAT. AREA - ANNEXATION & ZONING - 13-99 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSStatement of Principles and Policies and Consistency with the City Structure Plan For the Fossil Creek Annexation and Zoning August 5, 1999 The following principles and related policies are extracted from "City Plan: Fort Collins, Colorado Comprehensive Plan," and are reiterated to show the conformance of this petition for annexation with the city's documented intentions. PRINCIPLE NOL-2: Open lands are important in providing the city with a well-defined edge, establishing community separators, directing growth, and preserving rural character. Policy NOL-2.1 Conservation Tools. The City will purchase open lands and/or development rights and use conservation easements and other such tools, for the purpose of defining community edges. Such open lands include areas for passive or limited recreation for non -athletic purposes, agricultural land, and natural areas. PRINCIPLE GM-2: The City will consider the annexation of new territory into the City limits when the annexation of such property conforms to the vision, goals, and policies of City Plan. Policy GM-2.1 Annexation Policies. The City Council will weigh the following factors when considering the annexation of new land into the incorporated limits: • Statutory requirements. The property must meet -all statutory requirements for annexation according to the laws of the State of Colorado. • Property to be annexed located within the Community Growth Management Area. The property must be currently located within the Community Growth Management Area boundary, or the boundary must be amended by actions of the City (and County, if necessary) before the City approves the proposed annexation. ATTACHMENT "C" ATTORNEY CERTIFICATION (,4.0 c. ECr c)m,y tJ an attorney licensed to practice in the State of Colorado, hereby certify that I have examined the records of the Clerk and Recorder of Larimer County, Colorado and have verified that the signers of this Annexation Petition for the area referred to as the F�r�,c C2PfK" W t rt^ujos Annexation to the City of Fort Collins are owners of real property in the area proposed for annexation. Furthermore, I certify that said owners constitute more than 50% of the landowners in the area proposed for annexation, as said area is described on Attachment "A" of said Annexation Petition, and own more than 50% of.the land in said area, exclusive of streets and alleys. 79� 7 Date Signature Attorney Reg. No. ATTACHMENT "B" STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The undersigned, being first duly sworn upon his oath states: a That he was the circulator of the attached Petition for Annexation and that each signature therein is the signature of the person whose name it purports to be. Subscribed and sworn to before me this day of UI 199 `� by WITNESS my hand and official seal. SAID PARAGON ESTATES P.U.D.; THENCE, N 59 29' 41" W 610.10 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.; THENCE, N 83 14,0711 W 236.10 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.; THENCE, N 02 10'14" W 1045.07 FEET ON AND ALONG THE WESTERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D. TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID EAST TRILBY ROAD; THENCE, N 01 08' 46" W 30.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18; THENCE, N 01 08' 46" W 50.00 FEET TO A POINT OF -INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID EAST TRILBY ROAD; THENCE, S 88 51' 14" W 568.40 FEET ON AND ALONG THE NORTHERLY RIGHT-OF- WAY LINE OF SAID EAST TIMBERLINE ROAD; THENCE, S 01 08' 46" E 50.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF SAID SECTION 18, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 90.43 ACRES MORE OR LESS. ATTACHMENT "A" LEGAL DESCRIPTION FOR FOSSIL CREEK WETLANDS NATURAL AREA ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to -wit: A TRACT OF LAND SITUATE IN THE NORTHEAST 1/4 OF SECTION 18, THE NORTHWEST -1/4 OF SECTION 17 AND THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 18 AS a BEARING N 88 51' 14" E, WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE NORTH 1/4 CORNER OF SAID SECTION 18: THENCE, N 88 51' 14" E 149.17 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, S 01 08' 46" E 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST TRILBY ROAD, ALSO BEING A POINT ON THE EASTERLY LINE OF THE UNION PACIFIC SOUTH FOURTH ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00 33' 22" E 1833.78 FEET ON AND ALONG THE EASTERLY LINE OF SAID UNION PACIFIC SOUTH FOURTH ANNEXATION TO A POINT OF CURVATURE; THENCE, ALONG A SPIRAL CURVE CONCAVE TO THE EAST WITH DEFINED LINE FROM THE POINT OF CURVATURE TO A POINT OF TANGENCE WHICH BEARS S 01 16' 28" E 186.44 FEET, A LENGTH OF 186.45 FEET, A DELTA ANGLE OF 02 27' 00", ALSO BEING ON AND ALONG THE EASTERLY LINE OF SAID UNION PACIFIC SOUTH FOURTH ANNEXATION TO A POINT OF CURVATURE; THENCE, ALONG A TANGENT CURVE CONCAVE TO THE EAST WITH A LENGTH OF 584.41 FEET, A RADIUS OF 2092.01 FEET, A DELTA ANGLE OF 16 00' 21" AND A LONG CHORD WHICH BEARS S 11 12' 16" E. 582.52 FEET, ALSO BEING THE EASTERLY LINE OF SAID UNION PACIFIC SOUTH FOURTH ANNEXATION, TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18, ; THENCE, N 89 36' 23" E 2305.90 FEET ON AND ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18, ALSO BEING THE NORTHERLY LINE OF THE GREENSTONE ANNEXATION TO THE CITY OF FORT COLLINS, TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH TIMBERLINE ROAD; THENCE, CONTINUING N 89 36' 23" E 50.00 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 18, ALSO BEING THE NORTHERLY LINE OF SAID GREENSTONE ANNEXATION; THENCE, N 89 35' 14" E 30.00 FEET ON AND ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 17, ALSO BEING THE NORTHERLY LINE OF THE GREENSTONE ANNEXATION; THENCE, N 00 01' 35" W 1084.61 FEET ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TIMBERLINE ROAD; THENCE, S 89 35' 14" W 30.00 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18; THENCE, S 89 58' 25" W 50.00 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TIMBERLINE ROAD; THENCE, N 85 01' 14" W 784.30 FEET ON AND ALONG THE SOUTHERLY BOUNDARY LINE OF PARAGON_ ESTATES P.U.D. A SUBDIVISION IN LARIMER COUNTY; THENCE, N 65 39' 59" W 80.00 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.; THENCE, N 85 01' 14" W 218.83 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF .a Individual Petitioners signing this Petition represent that they own the portion(s) of the area described on Attachment "A" as more particularly described below: A tract of land situate in the County of Latimer, State of Colorado, to -wit: See Legal Description on Attachment "A." IN WITNESS WHEREOF, Uwe have executed this Petition for Annexation this % day of 199'�_. City of Fort Collins, Colorado A Municipal Corporation By: Q-0- a - John F. Fis bach, City Manager City of Fort Collins, Colorado P.O. Box 580 Fort Collins, CO 80522-0580 0a PETITION FOR ANNEXATION COPY THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the Council of the City of Fort Collins, Colorado for the annexation of an area, to be referred to as the Fossil Creek Wetlands Annexation to the City of Fort Collins. Said area, consisting of approximately 90.43 acres, is more particularly described on Attachment "A", attached hereto. The Petitioners allege: That it is desirable and necessary that such area be annexed to the City of Fort Collins. 2. That the requirements of Sections 31-12-104 and 31-12-105, C.R.S., exist or have been met. a 3. That not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the boundaries of the City of Fort Collins. 4. That a community of interest exists between the area proposed to be annexed and the City of Fort Collins. 5. That the area to be annexed is urban or will be urbanized in the near future. 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Fort Collins. 7. That the Petitioners herein comprise more than fifty percent (50%) of the landowners in the area and own more than fifty percent (50%) of the area to be annexed, excluding public streets, alleys and lands owned by the City of Fort Collins. 8. That the City of Fort Collins shall not be required to assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property proposed to be annexed except as may be provided by the ordinance of the City of Fort Collins. Further, as an express condition of annexation, Petitioners consent to the inclusion into the Municipal Subdistrict, Northern Colorado Water Conservancy District (the "Subdistrict") pursuant to §37-45-136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners' property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in'the Subdistrict at the time of inclusion of Petitioners' lands. Petitioners agree to waive any right to an election which may exist pursuant to Article X, §20 of the Colorado Constitution before the Subdistrict can impose such mill levies and special assessments as it has the authority to impose. Petitioners also agree to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, §20 of the Colorado Constitution. WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the annexation of the area described on Attachment "A". Furthermore, the Petitioners request that said area be placed in the POL - Public Open Lands Zone District pursuant to the Land Use Code of the City of Fort Collins. El (Check box if applicable.) The Petitioners reserve the right to withdraw this petition and their signatures therefrom at any time prior to the commencement of the roll call of the City Council for the vote upon the second reading of the annexation ordinance. VICINITY MAP 07/15/99 #13-99 Fossil Creek Wetlands Natural Area Annexation & Zoning 1"=600' UT POL VICINITY MAP OUT OUT OUT 07/16/99 #13-99 Fossil Creek Wetlands Natural Area Annexation & Zoning 1"=1000' Fossil Creek Wetlands Annexation & Zoning, File # 13-99 October 21, 1999 P & Z Meeting Page 3 RECOMMENDATION: Staff recommends that the Planning and Zoning Board forward a recommendation to the City Council to approve the Fossil Creek Wetlands Annexation with a zoning designation of Public Open Lands (POL). Fossil Creek Wetlands Annexation & Zoning, File # 13-99 October 21, 1999 P & Z Meeting Page 2 contiguity occurs through a common boundary with the Union Pacific South Fourth Annexation (May 1988), and the Greenstone Annexation (January 1993). The surrounding zoning and land uses as follows: N: FA-1 Farming District in Larimer County — existing agricultural, single family housing (Paragon Estates), S: POL — existing Fossil Creek Wetland Natural Area, E: FA-1 Farming District in Larimer County — existing agricultural, W: POL — existing Union Pacific Railroad tracks, existing Fossil Creek Wetland Natural Area. 2. Zoning and Analysis: The property is currently zoned FA-1 Farming District in Larimer County. The requested zoning for this annexation is the Public Open Lands District (POL). The City's adopted Structure Plan, a part of City Plan, designates the site as Rural/Open Lands and Stream Corridors. A zoning designation of POL is consistent with the Structure Plan designation of Rural/Open Lands and Stream Corridors. 3. City Council Hearings: City Council hearings on this proposed annexation and zoning will be held on the following dates: Initiating Resolution First Reading Second Reading November 2, 1999 December 7, 1999 December 21, 1999 FINDINGS OF FACT/CONCLUSION: 1. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins as contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area. 2. The area meets all criteria included in Colorado Revised Statutes to qualify for a voluntary annexation to the City of Fort Collins. 3. The requested Public Open Lands (POL) is in conformance with the policies of City Plan and is consistent with the Structure Plan. ITEM NO. 6 MEETING DATE 10/21/99 STAFF Troy Jones City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Fossil Creek Wetlands Annexation & Zoning, File # 13-99 APPLICANT: City of Fort Collins OWNERS: City of Fort Collins PROJECT DESCRIPTION: Annexation and zoning of approximately 90.43 acres of publicly owned property located south of East Trilby Road and west Timberline Road. The recommended zoning is Public Open Lands (POL), and it is adjacent to a larger piece of Public Open Lands. RECOMMENDATION: Staff recommends approval of the annexation and recommends that the property be placed in the Public Open Lands District (POL). EXECUTIVE SUMMARY: 1. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins as contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area. 2. The area meets all criteria included in Colorado Revised Statutes to qualify for a voluntary annexation to the City of Fort Collins. 3. The requested Public Open Lands (POL) is in conformance with the policies of City Plan and is consistent with the Structure Plan. COMMENTS: 1. Background: The property is located within the Fort Collins Urban Growth Area (UGA). According to policies and agreements between the City of Fort Collins and Larimer County, contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA, the City will annex property within the UGA when the property is eligible for annexation according to Colorado Revised Statutes (CRS). This property is eligible for annexation according to CRS, requiring 1/6 contiguity to the existing city limits. The Fossil Creek Wetlands Annexation and Zoning complies with this standard since the property has 4,990.54 feet of its total boundary of approximately 9,858.02 feet contiguous to the existing City limits. This meets the minimum 1,643 feet required to achieve 1/6 contiguity. This COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT