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Home My WebLink AboutFOX HILLS SECOND ANNEXATION & ZONING - ANX160008 - REPORTS - INITIATING RESOLUTIONEXHIBIT A NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2017-089 initiating annexation proceedings for the Fox Hills Second Annexation, consisting of approximately 20.4 acres and generally located approximately 3300' west of S. Taft Hill Road and south of and abutting County Road 38E, said Annexation being more particularly described in Resolution 2017-089. That, on November 7, 2017, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the Residential Foothills ("R-F") Zone District. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Dated this 3rd day of October, A.D. 2017. City Clerk (4) Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. Section 5. That the Notice attached hereto as Exhibit "A" is hereby adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of annexation and zoning ordinances pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 3rd day of October, A.D. 2017. ATTEST: City Clerk -3- Mayor THE EAST LINE OF WILDFLOWER RIDGE P.U.D.; THENCE ALONG SAID LINE, NORTH 00009'17" 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. Section 3. That the City Council hereby finds and determines that the annexation petition for the Fox Hills Second Annexation is in substantial compliance with the Municipal Annexation Act in that the annexation petition contains the following: (1) An allegation that it is desirable and necessary that such area be annexed to the municipality; (2) An allegation that the requirements of Colorado Revised Statutes sections 31-12- 104 and 31-12-105 exist or have been met; (3) An allegation that the signers of the petition comprise more than fifty percent of the landowners in the area and own more than fifty percent of the area proposed to be annexed, excluding public streets and alleys and any land owned by the annexing municipality; (4) The signatures of such landowners; (5) A request that the annexing municipality approve the annexation of the area proposed to be annexed; (6) The mailing address of each such signer; (7) The legal description of the land owned by such signer; (8) The date of signing of each signature; and (9) The affidavit of the circulator of such petition that each signature therein is the signature of the person whose name it purports to be. Section 4. That the City Council hereby finds and determines that the annexation map, four copies total, accompanying the annexation petition for the Fox Hills Second Annexation is in substantial compliance with the Municipal Annexation Act in that the map contains the following: (1) A written legal description of the boundaries of the area proposed to be annexed; (2) A map showing the boundary of the area proposed to be annexed; (3) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; -2- RESOLUTION 2017-089 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE FOX HILLS SECOND ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, has been filed with the City Clerk requesting the annexation of certain property to be known as the Fox Hills Second Annexation, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the Fox Hills Second Annexation in accordance with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby accepts the annexation petition for the Fox Hills Second Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO. CONSIDERING THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, AS BEARING NORTH 89025'53" EAST AND MONUMENTED AS SHOWN HEREON WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: COMMENCING AT THE NORTHWEST CORNER 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 89025'53" EAST, 617.37 FEET; THENCE DEPARTING SAID LINE, SOUTH 00034'07" 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 85000'00" 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 00009-17" EAST, 1227.04 FEET; THENCE, SOUTH 00°11'08" WEST, 1319.89 FEET TO A POINT ON THE SOUTH LINE OF FOX HILLS P.U.D.; THENCE ALONG SAID LINE, NORTH 89048'10" WEST, 619.19 FEET; THENCE ALONG THE WEST LINE OF SAID FOX HILLS P.U.D.; NORTH 00011'08" 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 ATTACHMENT"C" ATTORNEY CERTIFICATION I, Peter J. Dauster, an attorney licensed to practice in the State of Colorado, hereby certify that, as of the date of this certificate. the signers of this Annexation Petition for the area referred to as the Fox His Second Annexation to the City of Fort Collins are the owners of real property m the area proposed for an exahmL Futlrermore, I certiy that said owners oorrsbb to more than 50% of the Landowners in Ore area proposed for a wz*on, as sad ama is described on Attachment "A' off Annexation and ovrp more than 50% of the land in said area, exclusive of streets and a 1Z�21 Zo16► Date' Signature-, Attomey Reg. No I ATTACHMENT "B" STATE OF COLORADO COUNTY OF LARiS�R ) The undersigned, being first duly sworn upon his oath states: That be was the circulator of the attached Petition for Annexation and that each signature therein is the signahrre of the person whose nave d purports to be- �K Subscribed and sworn to before me this 21 day of �Q�p rtt4y2.tL 2 Ci 1 b by "7�vzru._ El1�3 WITNESS my hand and official seal- Commtssm Expiration ttERRA am NOTARY PtUX - STAIE OF COLORADO N"y 16NWiatim M640mg my Coiiiiaw A EmNa mm No ry Publi (/ x La Petitioner's/Owners Printed Name/Title Address f w�Gr�ys CCU c�C�S�b city State Zip Petitioner's/Owner's Signature Petitioner's/Owners Printed Name/Title Address City State Zip Petitioner's/Owner's Signature Petitioner's/Owners Printed Name/Ttle Address City State Zip ijo 1 �ner'sJ "e� ature Petitioner's/Owners Printed Name/rrtle f I (� ti Address C�� rAA- �t 113' � City State Tip Petitioner's/Owner's Signature Petitioner's/Owners Printed Name/TPtle Address FO Gty State Zip Petitioner's/Owner's Signature Petitioner's/Owners Printed Name/Title Address CrtY State Tip r- i z2/,g: 2�12j- Petitionees/Ownerfs'tiSignature ' / Y/r'J7.�1il9 Lei-yc-fl 11colizl/�d WKF& ( 0y�CV� Petitioner's/Owners Printed Name/i-rtle lj 3z cR-fiY Fc,)( 20� Address 1v2T Ceed—WS Co 4goS2C city State Zip Petitioners/Owner's Signature Petitioners/Owners Printed Name/Title Address city State Zip Petitioners/owners Signature Petitioners/Owners Printed Name/Title Address City State Zip r JaI4 Petitiolner' Owners Signature 4o ap. 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(l: r 1 3 rtioner's/ov er's Signature biz- tree- Petitioner's/Owners Printed Name/Title Address 1 l `-cu-,S 1 cc'- city State Zip Petitioner's/Owners Signature Petitioner's/Owners Printed Name/T-Itle Address city State Zip Petitioners/Owner's Signature Petitioners/Owners Printed Name/Title Address Gty State Zip r Petitioner's/Owner's Signat e a 11--4- S HIM, c �C 4,�, . Petitioner's/Owners Printed Name/Title Z L4 L L?. �i ,` t C1 Address City State Zip Petitioner's/Owner's Signature Petitioner's/Owners Printed Name/fdle Address City State Zip Petitioner's/Owner's Signature Petitioner's/Owners Printed Name/idle 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 h Principal Meridian, County of Larimer, State of Colorado. Considering the North line of the Southwest Quarter of said Section 33, as bearing North 89025'53" East and monumented as shown hereon with all bearings contained herein relative thereto: COMMENCING at the Northwest corner 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 89025'53" 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 000111081, West, 1319.89 feet to a point on the South line of Fox Hills P.U.D.; thence along said line, North 8904810" West, 619.19 feet; thence along the West line of said Fox Hills P.U.D.; North 00011'08" 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" ATTACHMENT 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. 8. 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. ATTACHMENT 5 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 ATTACHMENT 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 ' .fnwof \I fffra.n .m_ ..,.,................ ...,.unvu..uu..u..uu........u�.w.u.......................... .. ..,i_,..,..... .,.. ,,. .......... .. .._. .....mnawssnr 'c .' ff rfffn sms.n ffe_ �•.�--•.—.'_"YefaY�n sa f ; Sri r n_ z I %• go 00 fI �...�,._._._._�..,.,...,_..�. no _._.—.. wrx p 0i ul ..�._�._r .._..., O WLU 05 City Structure Plan Map ATTACHMENT 3 _For�lns Boundaries Neighborhoods Edges doFort Collins GMA Urban Estate Community Separator l� y1I 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 ATTACHMENT Legend Natarea City Limits M GMA City Zoning ZONE ® Annexation Boundary Low Density Mixed -Use Neighborhood (LMN) Residential Foothills (RF) Zoning Map N W E S 1,000 500 0 1,000 Feet Low Density Residential (RL) ATTACHMENT 1 Legend Trails = Natarea .FIN I@Is• City Limits GMA Fox Hills Second Annexation Vicinity Map 1,000 500 0 1,000 Feet N W E S ® Annexation Boundary Agenda Item 6 BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing for the annexation and zoning request on October 19, 2017. The Board's recommendation will be forwarded to City Council as part of the First Reading of the annexation and zoning ordinances on November 7, 2017. 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. ATTACHMENTS 1. Vicinity Map(PDF) 2. Current Zoning Map (PDF) 3. City Structure Plan Map (PDF) 4. Boundary Plat (PDF) 5. Annexation Cover Letter (PDF) 6. Annexation Petition (PDF) Item # 6 Page 2 Agenda Item 6 STAFF Jason Holland, City Planner SUBJECT Resolution 2017-089 Finding Substantial Compliance and Initiating Annexation Proceedings for the Fox Hills Second Annexation. EXECUTIVE SUMMARY The purpose of this item is to initiate annexation proceedings for the Fox Hills Second Annexation, containing 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 proposed Resolution makes a finding that the annexation petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required by state law. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreement Regarding Growth Management. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This is a 100% voluntary annexation for a property According to policies and agreements contained Intergovernmental Agreements, the City will agree to property is eligible for annexation according to State la 116 contiguity to existing city limits from a common be which was annexed in 1994, thus satisfying the rec boundary be contiguous to the existing city boundary. located within the Growth Management Area (GMA). in the Larimer County and City of Fort Collins consider annexation of property in the GMA when the N. The Fox Hills Second Annexation gains the required undary with the Fox Hills (first) Annexation to the east, uirement that no less than one -sixth of the perimeter The main purpose of the annexation is to allow the streets within the Fox Hills subdivision to be maintained by the City. Residents of the Fox Hills subdivision have funded the necessary street improvements within the annexation boundary and have coordinated these improvements with City staff. Item # 6 Page 1