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Home My WebLink AboutFOX HILLS SECOND ANNEXATION & ZONING - ANX160008 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSr t- ATTACHMENT"C" ATTORNEY CERTIFICATION I, Peter J. Daust r, an attorney licensed to practice in the State of Cobrado. hereby certify that, as of the date of this certificate. the signers of this Annexafiorh Petition for the area relen to as the Fox HiDs Seoond Annexation to the City of Fort Cobs are the owners of real property it the area pgmod for a ummbmL Fhethernhore, I owlily that said owners Consj&ft more than 5^ of the ';i rim wners inthe area proposed for; Iiorh, as said area is described on Anadmwd-A! of said Annexation Poitim, and ovrp more than 50% of the larhd in said area, exdusWe of streets and alleys- S IZ 21Zdl� 37i3 Date Signature J Attorney Reg- No r STATE OF COLORADO M COUNTY OF LARMIER ) ATTACHMENT "B" The undersigned. being first duty sworn upon his oath states: That he ways the cffcuig r of the attached Pef3hian for Annexation and that each sigrtahue them is the signature of the person whose name R purpoAs ID be_ NO I Wallilm ,r ,:� 11 "M Subscribed and sworn to before me this 21 day of t,i2 by 5'exv«_ Euu3 WITNESS my hand and official seal. o I" WTAW.FU= - STATE OF CotaRADo Ndry Idr Mims- f1Dr610�29n9 C W"M tW M T y Publi Petitioner's/Owners Printed Name/T➢tle %y3S 6;:o�,)AY' �vx /120a/) Address //�.-�.,, UC� 145- �j6Gr 4f Cb USzb city State Zip I Petitioner's/Owner's Signature Petitioner's/Owners Printed Name/Title Address Gty State Zip Petitioner's/Owner's Signature Petitioner's/Owners Printed Name/Title Address City State Zip ,!!�ioner's/ e?'s ature Petitioner's/Owners Printed Name/Title A c Address City State Zip Petitioneeees/Owner's/S'ignature Petitioner's/Owners Printed Name/Title dry// 6rG-7 Oeo� o/ . 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Zip Petitioner's/Owner's Signature Petitioner's/Owners Printed Name/Tide Address City State Zip r 0 Petitioners/Owners Si66ure Petitioners/Owners Printed Name/rdle ,;?,7yl k4I-A(-,x A-4 Address Co &►521& Gty State Zip Petitioners/Owners Signature Petitioners/Owners Printed Name/Title Address city State Zip Petitioner's/Owners Signature Petitioners/Owners Printed Name/Title Address Gty State Zip r -P6tioner`s/Owners Signature ( Petitioners/Owners Printed Name/Title Address Gty State Tip Petitioners/Owners Signature Petitioners/owners Printed Name/Title Address Crty State Zip Petitioners/Owners Signature Petitioners/Owners Printed Name/1-die Address City State Zip r i Petitioner's/Owner's Signal 6 I t-,r< S c.C-,)c . 6f Petitioners/Owners Printed Name/rdie iT. �. city State Tip Petitioners/owners Signature Petitioners/Owners Printed Name/ritle Address City State Zip Petitioners/Owners Signature Petitioner's/Owners Printed Name/rdle Address city State Zip Exhibit A DESCRIPTION: FOX HILLS SECOND ANNEXATION A tract of land being a portion of the Southwest Quarter of Section 33, Township 7 North, Range 69 West of the 6`s Principal Meridian, County of Larimer, State of Colorado. Considering the North line of the Southwest Quarter of said Section 33, as bearing North 89°25'53" East and monumented as shown hereon with all bearings contained herein relative thereto: COMMENCING at the Northwest comer of the East Half of the Southwest Quarter of Section 33, Township 7 North, Range 69 West of the 6th P.M.; thence along the North line of said East Half, North 89°25'53" East, 617.37 feet; thence departing said line, South 00°34'07" East, 108.71 feet to POINT OF BEGINNING, said point also lying on the South right of way line of West County Road 38 E, also being a point on the West line of an Access Road per Book 1899, Page 636 Larimer County Clerk and Recorder; thence along said right of way line, North 85°00'00" East, 60.22 feet to a point on the West line of Fox Hills Second Filing, also being the East line of aforementioned access road; thence along said West line the next (2) courses and distances, South 00°09'17" East, 1227.04 feet; thence, South 00011'08" West, 1319.89 feet to a point on the South line of Fox Hills P.U.D.; thence along said line, North 89°48'10" West, 619.19 feet; thence along the West line of said Fox Hills P.U.D.; North 00°11'08" East, 1316.09 feet; thence along the North line of said Fox Hill P.U.D., North 89050'43" East, 559.20 feet to a point on the West line of Fox Hills P.U.D., said line also being the East line of Wildflower Ridge P.U.D.; thence along said line, North 00°09'17" West, 1221.96 feet to the POINT OF BEGINNING. The above described parcel contains 889,556 square feet, or 20.421 acres, more or less and is subject to all easements and rights -of -way now on record or existing. . ❑ (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. General location of property to be annexed: The annexation area is located approximately 3,300 feet west of the intersection of Harmony and Taft Hill Road. The annexation is on the south side of County Road 38E (Harmony Road) at Red Fox Road. on Attachment "A" as more particularly described below: Individual Petitioners signing this Petition represent that they own the portion(s) of the area to be annexed, described on Attachment "A" as more particularly described below: A tract of land situate in the County of Larimer, State of Colorado, to -wit: See Legal Description on Attachment "A" PETITION FOR ANNEXATION THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the Council of the City of Fort Collins, Colorado for the annexation of an area, to be referred to as the Fox Hills Second Annexation to the City of Fort Collins. Said area, consisting of approximately 20.421 acres, is more particularly described on Attachment "A," attached hereto. The Petitioners allege: 1. That it is desirable and necessary that such area be annexed to the City of Fort Collins. 2. That the requirements of Sections 31-12-104 and 31-12-105, C.R.S., exist or have been met. 3. That not less than one -sixth (1/6) 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. B. That the City of Fort Collins shall not be required to assume any obligations 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 RR=F Zone District pursuant to the Land Use Code of the City of Fort Collins. FOX HILLS SECOND ANNEXATION A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO ran NETOF 'MOM OFW OF RIE FIND ee REGR tx a. Kag GP (NE M27. ml l J`HB I WI = LL TO -' FOX HILLS SECOND FILING REC. NO.9B042039 =_ g ZI : ,SOO.O9'1T•E 520.81 sera �wlN- - p!far?Pgeel NDO°09'17'W p� _= PoIMOF y4 BEGINNING jy - rag a maem 8 L RON pe E Y BA 1flW Fy lY�m R N z in K w p si "al nI m � m O 2I s POINT OF CALWENCFMFNi HW fA0. OF 111E E. m OF THE UIL UTNTY 1gTIFIUTION CENTER OF .1 40F5E.ZE A. um pY =W Us 170RE65R WI?KUM. GP L917B4 MR EnowatubabelOw. Cell hdmE you dig. MI IWa1 OI�/a. OIR[4lwR M new uMiC 6 VIWPLO eta U1VR4 UTILITY NOTE: THELO TIONOFUNDERGROUND"LTIIESARENOTSHOWN. THE ENACT LOCATION OF ANY UNDERGROUND UTILITIES SHOULD BE GETERMINED BY CONTACTING'ONE CALL' FOR A UOLRY LOUTS DESCRIPTION: A Out, of led being a porr ear of the SmMwast Qannar.fSgEaa 33, Towvghip 7 Herb, Rmgc 69 Wast.(the 6th Principal Meridian, County of Lerima, Suite ofC.Iand.. Considering the Night line ofibe Southwest Qatar ofuud Sating 33, as baring North 89R513- feest and necram neda shown harson with all bearings contained haWn relative thereat: COMMENCING at the Northwest caner of the Hat Hdf.f th Soulhwsn Quarter of Section 33. Towmhip 7 Ninth, Range 69 W cn ofthe 6th P.M.; theee along the North lie of raid Ent Helf, North WP25'53" Ft, 617.37 flag hece cicparng aid lie, Sarah0 4VrGL108.71fatWPOINTOFBEGINNING,midpointdonlyingmtheSethtightofwaylieof Wet County Road 38 E, else being a point on the Wen line ofen Aaea Road per Balk 19". Page 636 Lanirnar Catty Clerk and R vrden the along said right of way ling. NoM tl5Wil0"Eat 60.22 feet We point an the Was, lion of Fua Hills Several Filing, Won being the Last lief efacmentiad notes, rand; thence along said West lbx the near (2)courecs and dominates, South IXF09'Ir past, 1227.04 fen: them, South W) Itr Wm, 1319,89 feet to a an ran the Soutth line of Fox Hills Y.U.U.; Chance dory, aid line, North KT4TI W West 619.19 fen: treat along the Wast lire of aid Fos Hilts P.U.D,: North OWI 1118" Fier, 131609 fen; thnxe Wong the North line of and Far Hill P.I1.D., North WW-41"Fine, 559.20 fen Its point ran the Want line of Flo. Hills P.U.D., and Has era being the list ling of Wildflower Ridge Y.U.D.: thence along aid ling, NUM DIP0917" West, 1221.96 fen to the POINT OF BEGINNING. The above described p 'el contemn 889,556 aquae fen, to 20.421 +i inure in less anal is subject W all easrnxnts and rights -of -way now on record seeming. The above &-trilwW parcel euntdm 889,5$6 sense, feet. or 2OA21 eta, more a lots ands mbjww all aitanns end right,-agway now on re aW m miaing. FOX HILLS SECOND FILING REC. NO. 9/1042039 WILDFLOWER RIDGE P.U.D. REC. 1,10.94052645 This pin to h known m FOX HILLS SECOND ANNIfTLON W the City affair Collins. Cowry of Larima, SWc efColoMoby odirtmrc No. ,peed and edapdon0nalrading etareguly meningofthe Ciry CowcilufFw Collim,Colmedohddmthe_deyof ,20_ City Clerk APPROVED This pia W be luawn m PDX MILLS ANNEXATION to the City of Fun Collins, Coargh, was approved by anion of der Planning ad ZoniBg Beard of the City of Fm Collins Colored. a e regulgrecin nag der .f .20 . hdd ov the v Sanitary of the Planing and XUning Dand APPROVED AS TO FORM TRACT LOTI ' I LOT 31 I TRACTS / LOT2 LOT 3 LOT4 LOT 5 LOT / ANNS) ATION AREA LOT 29 8g9.550 Eq. It LOT 22 20.421 tree LOT 30 / FOX HILLS PUD. REC. NO. 94055270 4 91 IV LOT 28 LOT 27 LOT 26 LOT 25 LOT 24 LOT 23 FOX HILLS SECOND FILING REC. NO. 96042039 LOT 21 GRAY FOX ROAD LOT 7 1 LOT B 1 LOT 9 I LOT 10 I LOT 11 I LOT 12 I LOT 13 LOT 4 WESTRIDGE M.R.D. S32-88 LOT 20 I I LOT 19 18 TRACT C q14 Line Legend BOUNDARYUNE — — — SECTION LINE — — — RIGHTOFWAYLINE z pWin F� yWWat 3w SURVEY NOTES: I. N.rights.f-wayaeNemmb,eampthoashownbacon,weredctmvmdbythusa5xy,mrwmmytvearehamduttdto ® NORTH dnawie the.sinme.f ddbm iond aaargts, pertha request efdg their. 2. This slnvey des not cogs coo B dda s h by the smvaym. Any inf'mmdon regarding—, eesemwa djoitvz std athar documents that mightalieg gedse ity oftitle to this ctofluld wagobag bd from Fos U Hill, P..D.(Nea940 (Exception No. 55270), Fear mn d tW 0 lW 300 31mFat Nills SaoM 471irng (Reeadon No.9fiM2019A Willflower Ridge P.U.U. (ItecapE.n No. 94052645), ed Brok In99 Page fi3fi Ierimar Cowry Clark ad Reuxual (1N U.S. f) 1W /t. 1 InN- 3. Be is of Bearings: The North lie ofthc SaMwegt (Nara ofSeetim 33, Township 7 Ninth, Keep 69 Wan of the fair P.M. a basting North 99825'51- Ent (nganmd bearing) SURVEYOR'S STATEMENT 4. Unit Uf measure u U.S. Smvc, Fat, 1, Reba C. Tensely. a Colorado Rquicared Professional lead Sai sym do hereby ante tbn this amp offered pmposd to be Arai it) the City aft. Collins, Curry of prune, Sage OfCulumdv was ox'wa l wdern, di,ter npervision fig. wining documents ofreenn t the a.e is rote wn drrren.the bes,.fro, knuwlegiv, infunwtlw and belief. 1 father arm that not has dun wexixrb ofthe true proposed W the wnead is mvtiguum W the braline ofthe City F. Collins, Counryn a. Sure ofQdhmda ANNEXATION TOTAL PERIMETER...................................................................... ... 6323.57 CONTIGUOUS BOUNDARY.............................................................. 2,546.93' MRIUIUM CONTIGUOUSYEJUMETFH FEET RHQURtEU......... 1,0N.Fr INDICATES PRESENT CITY" BOUNDARY LINE fa , Formed on beh.lfof Northam Engirt Seyq i�� Rohn C. Tray O Rolando Registered RafmaionW Land Surve,u No.38470 n 8 r II as �d lldll 9,11 Z U)p O 0O Z W O o LL °� Z O O W r` ,) f- O Uit J W X r N OOL OIJL Sheet Dirtnor of EOgmeabtg Of 1 Sheet To: City of Fort Collins Fort Collins, Colorado Re: Fox Hills Second Annexation This annexation petition is a request to the City of Fort Collins to approve the Fox Hills Second annexation and zoning as defined in this petition. The area to be annexed covers a portion of the Fox Hills Home Owners Association (HOA). The Fox Hills HOA is currently divided between owners that are located within the City (Fox Hills First Annexation) and those that are outside of the City in Larimer County. This current division between city and county is not logical for maintenance across the HOA. This annexation would unify the Fox Hills HOA so that all property would be within the City of Fort Collins. The area to be annexed is in Larimer County and is within the growth management area for the City of Fort Collins. The Fox Hills HOA, which is currently responsible for long term road maintenance within the County portions of the HOA, is currently planning to improve the existing roads to bring them up to acceptable standards as defined by the City of Fort Collins Infrastructure Services Department. Funding for these road improvements has already been budgeted and approved by the Fox Hills HOA. These planned road improvements would avoid any detriment to the City associated with road improvement for this annexation. Fox Hills HOA s City Structure Plan Map Boundaries Neighborhoods Edges do Fort Collins GMA Urban Estate Community Separator .,II.rJ City Limits Low Density Mixed -Use Foothills Medium Density Mixed -Use Rural Lands N W+E ® Annexation - Area S Corridors Open Lands, Parks and Water Corridors 1 inch = 0.3 miles Legend Natarea City Limits GMA City Zoning ZONE ® Annexation Boundary Low Density Mixed -Use Neighborhood (LMN) Residential Foothills (RF) Zoning Map N W E 5 1,000 500 0 1,000 Feet Low Density Residential (RL) LegendrailsFox Hills Second Annexation N Natarea Vicinity Map w ,..... me ;��r City Limits 1,000 500 0 1,000 Feet S Q GMA ® Annexation Boundary Agenda Item 1 PUBLIC OUTREACH: An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code for the annexation. However, outreach meetings were conducted by the City with area residents to discuss options for future street maintenance in the area, which was the impetus for this annexation request. FINDINGS OF FACT/CONCLUSION: A. The Fox Hills Second Annexation is consistent with the policies and agreements between Larimer County and the City of Fort Collins as contained in the amended Larimer County and City of Fort Collins Intergovernmental Agreements. B. The annexation area meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. C. The requested zone district, R-F, Residential Foothills, is in compliance with the City of Fort Collins Structure Plan and with the policies of the City's Comprehensive Plan. D. The annexation area is a residential land use and shall be included in the Residential Neighborhood Sign District. STAFF RECOMMENDATION: Staff recommends approval of the Fox Hills Second Annexation, ANX#160008, initial zoning of Residential Foothills (R-F), and that the property be included in the Residential Neighborhood Sign District based on the findings of fact included in this staff report. ATTACHMENTS 1. Site Location Map (PDF) 2. Zoning Map (PDF) 3. Structure Plan Map (PDF) 4. Letter from Fox Hills HOA Requesting Annexation (PDF) 5. Annexation Map (PDF) 6. Annexation Petition (PDF) Item 1 Page 3 Agenda Item 1 EXECUTIVE SUMMARY This is a 100% voluntary annexation for a property located within the Growth Management Area (GMA). According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The Fox Hills Second Annexation gains the required 1/6 contiguity to existing city limits from a common boundary with the Fox Hills (first) Annexation to the east, which was annexed in 1994, thus satisfying the requirement that no less than one -sixth of the perimeter boundary be contiguous to the existing city boundary. On October 3, 2017, City Council approved an Initiating Resolution to accept the annexation petition. The resolution also initiates the annexation process for the property by establishing the hearing dates for two readings of the ordinances annexing and zoning the area. The Board's recommendation for this annexation will be forwarded to City Council as part of a proposed First Reading of the annexation and zoning ordinances on November 7, 2017. BACKGROUND: The Fox Hills neighborhood was developed in two phases. The second phase is located east of Red Fox Road, and this phase was annexed into the City in 1994 as a precursor to City development approval. The initial portion of the Fox Hills development, which is west of Red Fox Road, was developed in the County and was not eligible for annexation at the time of development. Because a portion of the Fox Hills development is in the City and the other portion is in the County, this is causing issues for the residents and the Fox Hills HOA, which is currently responsible for the long term road maintenance within the County portions of the development. Because the Fox Hills HOA is currently divided between owners that are located within the City (Fox Hills First Annexation) and those that are outside of the City in Larimer County west of Red Fox Road, this current division between city and county is not logical for maintenance across the HOA. This annexation would unify the Fox Hills HOA so that all property would be within the City of Fort Collins. The surrounding properties are residential land uses as follows: Direction Zone District Existing Land Uses North County Zone District: FA-1 Wildflower Ridge PUD, County Subdivision, Farming single-family residential lots South County Zone District: FA-1 Westridge Estates PUD Farming East City Zone District: R-F, Fox Hills 2" Filing Residential Foothills West County Zone District: FA-1 Westridge Estates PUD Farming Staff recommends that this property be included in the Residential Neighborhood Sign District, which was established for the purpose of regulating signs for non-residential uses in certain geographical areas of the City that may be particularly affected by such signs because of their predominantly residential use and character. An initial zoning of R-F, Residential Foothills is recommended. The portion of Fox Hills which is already annexed is also zoned R-F. The stated purpose of the Residential Foothills District designation is for low density residential areas located near the foothills. Item 1 Page 2 Y Agenda Item 1 PROJECT NAME FOX HILLS SECOND ANNEXATION -- ANX160008 STAFF Jason Holland, City Planner PROJECT INFORMATION PROJECT DESCRIPTION: This is a petition by residents of the Fox Hills subdivision to annex and zone 20.4 acres into the City of Fort Collins. The annexation is located approximately 3,300 feet west of the intersection of County Road 38E (Harmony Road) and Taft Hill Road. The annexation area includes all of Red Fox Road, which is located on the south side of County Road 38E. The annexation area also includes 31 single-family dwellings and residual open land that are part of the Fox Hills subdivision west of Red Fox Road. The requested zoning for this annexation is the Residential Foothills (R-F) zone district, which complies with the City of Fort Collins Structure Plan. The surrounding properties are existing residential uses. The main purpose of the annexation is to allow the streets within the Fox Hills subdivision to be maintained by the City. Street and sidewalk improvements have been requested by City staff and are currently under construction. Residents of the Fox Hills subdivision have funded these street improvements within the annexation boundary and continue to coordinate these improvements with City staff. APPLICANT: Richard Smith Fox Hills HOA 2627 Luther Lane Fort Collins, CO 80526 OWNERS: See Annexation Petition -- Attachment 6 RECOMMENDATION: Staff recommends approval of the Fox Hills Second Annexation and initial zoning of R-F, Residential Foothills. Staff also recommends that this property be included in the Residential Neighborhood Sign District. A map amendment would be necessary should the Planning and Zoning Board recommend that this property be placed on the Residential Neighborhood Sign District Map. Item 1 Pagel