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HomeMy WebLinkAboutCOYOTE RIDGE 5TH ANNEXATION & ZONING - 43-98D - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSPRINCIPLES AND POLICIES FOR COYOTE RIDGE FIFTH ANNEXATION Policy NOL-1.1 Natural Areas System. The City will establish a system of publicly -owned natural areas to protect the integrity of wildlife habitat and conservation sites, protect corridors between natural areas, preserve outstanding examples of Fort Collins' diverse natural heritage, and provide a broad range of opportunities for educational, interpretive, and recreational programs to meet community needs. Policy NOL-1.8 Ecosystems Management. The City will manage, maintain, and enhance public natural areas to ensure the ongoing conservation of desirable plants and animals and their associated ecosystems; control the invasion and spread of undesirable non-native plants and animals; improve aesthetics; and provide opportunities for publi-c use. 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-2.3 Community Buffer. Strategic open lands that serve as community separators outside the Community Growth Management Area will be identified for either public ownership or other land conservation measures. Principle NOL-3 The City's parks and recreation system will include parks, trails, open lands, natural areas and urban streetscapes. These "green spaces" will balance active and passive recreation opportunities in an interconnected framework that is distributed throughout the urban area. 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. ATTACHMENT "C" ATTORNEY CERTIFICATION an attorney licensed to practice in the State of Colorado, h by 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 Coyote Ridge Fifth 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 that 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. " L ,, Date Signature Attorney Reg. No. ATTACHMENT "B" STATE OF COLORADO) ) SS. COUNTY OF LARIMER) The undersigned being first duly sworn upon his oath states: That (s)he was the circulator of the attached P tition for Annexation and that each signature therein is the signature of the person whose n e it pure rts to be. �v f �• o,ne5 C c ator Subscribed and sworn to before me this day of bye -ice_• WITNESS my hand and official seal. )ommission Expiration Notary Public ,e504 D.F�Y Fvl, GEORGIANA J. DEINES I' L COS P THENCE, S 000 30' 09" E 2765.41 FEET TO THE NORTH LINE OF THE SOUTHEAST'/4 OF SAID SECTION 17; THENCE, N 90' 00' 00" E 1302.08 FEET TO THE EAST LINE OF THE SOUTHEAST '/4 OF SAID SECTION 17; THENCE, S 00' 21' 48" E 2443.10 FEET ON AND ALONG THE EAST LINE OF THE SOUTHEAST'/4 OF SAID SECTION 17, ALSO BEING THE WEST LINE OF COYOTE RIDGE FOURTH ANNEXATION TO THE CITY OF FORT COLLINS TO THE SOUTHEAST CORNER OF SAID SECTION 17; THENCE, N 890 39' 28" E 2618.80 FEET, LEAVING SAID SECTION 17, ON AND ALONG THE NORTH LINE OF THE NORTHWEST'/4 OF SAID SECTION 21, ALSO BEING THE SOUTH LINE OF SAID COYOTE RIDGE ANNEXATION, TO THE NORTH 1/4 OF SAID SECTION 21, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 14,137,203.68 SQUARE FEET, 324.55 ACRES MORE OR LESS. ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: A TRACT OF LAND SITUATE IN THE NORTH %2 OF SECTION 21 AND THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO: CONSIDERING THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 21 AS BEARING N 890 39' 28" E WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE NORTH 1/4 CORNER OF SAID SECTION 21 THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE S 880 54' 57" E 164.24 FEET ON AND ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 21, ALSO BEING THE SOUTH LINE OF THE COYOTE RIDGE THIRD ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00' 11' 08" W 2651.18 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 21; THENCE, N 89' 48' 46" W 164.22 FEET ON AND ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 TO THE CENTER 1/4 CORNER OF SAID SECTION 21; CONTINUING, N 89' 48' 46" W 2708.15 FEET ON AND ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 TO THE WEST 1/4 CORNER OF SAID SECTION 21; THENCE, N 02' 08' 18" E 2631.08 FEET ON AND ALONG THE WEST LINE OF THE NORTHWEST 1/4 TO THE NORTHWEST CORNER OF SAID SECTION 21; THENCE, THENCE, S 890 04' 32" W 843.11 FEET LEAVING SAID SECTION 21 AND PROCEEDING ON AND ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 17 TO A POINT ON TOP OF A CLIFF; THENCE, THE FOLLOWING THIRTEEN COURSES ALONG THE TOP OF THE CLIFF: N 260 29' 01" W 97.53 FEET; N 280 59' 27" W 905.18 FEET; N 250 03' 39" W 150.85 FEET; N 310 03' 54" W 496.98 FEET: N 230 57' 03" W 557.81 FEET; N 070 10' 22" W 483.82 FEET; N 240 2l' 19" W 890.51 FEET; N 260 03' 42" W 385.64 FEET; N 160 44' 25" W 354.16 FEET; N 130 52' 45" W 278.33 FEET,- * 000 3735" E 665.16 FEET; N 140 50' 28" E 239.20 FEET; N 110 59' 01" E 123.02 FEET; TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST '/4 OF SAID SECTION 17 THENCE, S 890 39' 56" E 1201.96 FEET ALONG SAID NORTH LINE; 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 Larimer, State of Colorado, to -wit: "See Legal Description on Attachment'A' IN WITNESS WHEREOF, I/we have executed this Petition for Annexation this, Z day of _ 200/. City of Fort Collins, Colorado A Munici al Corporation By: 1. John F. Mschbach, City Manager City of Fort Collins, Colorado P O Box 580 Fort Collins, CO 80522-0580 Board of Commissio ers ofyyarimer County // Cheryl Olson, Chair Larimer County, Colorado P O Box 1190 Fort Collins, Colorado 80522-1190 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 Coyote Ridge Fifth Annexation to the City of Fort Collins. Said area, consisting of approximately three hundred twenty-five (325) 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. 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. ❑ (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. m Enclave Vicinity Map 12/6/00 #43-98D Coyote Ridge 5th Annexation and Zoning LUC 1 "=2000' Coyote Ridge 5tn Annexation & Zoning, #43-98D April 5, 2001 P & Z Meeting Page 3 5. Creation of an Enclave: This annexation is one piece of a larger series of annexations. Together, the Cathy Fromme 1 St and 2nd Annexations and the Coyote Ridge 1st, 2nd, 3rd 41n 5m and 6m Annexations will create an enclave approximately 1,781 acres in size. The majority of the enclave, approximately 1,621 acres, will be within the UGA. A small portion of the enclave, approximately 160 acres, is located outside the UGA. The creation of this enclave will enable the City to have the authority to involuntarily annex this portion of urbanized county land once the enclave has existed for at least three years. Please refer to the attached map titled "Cathy Fromme & Coyote Ridge Annexations" for a diagram of all the annexations together, and the affected enclave area. 6. City Council Hearings: City Council hearings on this proposed annexation and zoning will be held on the following dates: Initiating Resolution March 6, 2001 First Reading April 17, 2001 Second Reading May 1, 2001 FINDINGS OF FACT/CONCLUSION: 1. The area meets all criteria included in Colorado Revised Statutes to qualify for a voluntary annexation to the City of Fort Collins. 2. 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. 3. The annexation request complies with all applicable Land Use Code criteria. 4. The requested Public Open Lands (POL) zone district is in conformance with the policies of City Plan and is consistent with the Structure Plan. RECOMMENDATION: Staff recommends approval of the annexation and recommends that the property be placed in the Public Open Lands (POL) zone district. Coyote Ridge 5th Annexation & Zoning, #43-98D April 5, 2001 P & Z Meeting Page 2 Area, law enforcement services are currently being provided by the Natural Areas and Trails Rangers of the Fort Collins Natural Resources Department. Once the property annexes, the Natural Areas and Trails Rangers will continue to provide law enforcement services for the area being annexed. 2. Colorado Revised Statutes: This property is eligible for annexation according to CRS, requiring 1/6 contiguity to the existing city limits. The Coyote Ridge 5th Annexation and Zoning complies with this standard since the property has 5,226.14 feet of its total boundary of approximately 25,121.72 feet contiguous to the existing City limits. This meets the minimum 4,186.95 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Coyote Ridge 4th Annexation. 3. The Intergovernmental Agreement Between Fort Collins and Larimer County: The property is located just outside the Fort Collins Urban Growth Area (UGA). According to policies and agreements between the City of Fort Collins and Larimer County, contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA (Last Amended November 2000), the City may annex property outside the UGA, provided the property is eligible for annexation according to Colorado Revised Statutes (CRS). The IGA also allows for the annexation of land south of the Carpenter Road (County Road 32) alignment if the annexation is for publicly owned open space, trails or parklands. In the IGA, the city agrees to annex all rights -of -way, easements, etc. adjacent to a voluntary annexation. This annexation has no adjacent rights -of -way. 4. Land Use Code Criteria for Annexations: [Section 2.12] — The Planning and Zoning Board shall hold a hearing on the matter of annexations and report recommendations to City Council. Such Report shall include a recommendation on the proper zoning for the lands if the City Council annexes such lands into the city. The requested zoning for this annexation is the Public Open Lands (POL) zone district. [Section 2.9.4(H)] — Any amendment to the Zoning Map involving the zoning or rezoning of six -hundred forty (640) acres of land or less shall be recommended for approval by the City Council only if the proposed amendment is consistent with the City's Comprehensive Plan or warranted by changed conditions surrounding the subject property. 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 this Structure Plan designation. ITEM NO. 11 MEETING DATE415101_ STAFF Tray Jones Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Coyote Ridge 5th Annexation and Zoning, file # 43-98D APPLICANT: City of Fort Collins OWNERS: City of Fort Collins Larimer County PROJECT DESCRIPTION: This is a request for a 100% voluntary annexation. The site is approximately 325 acres of publicly owned property located south of the Trilby Road alignment, north and south of the Carpenter Road (County Road 32) alignment, and west of South Taft Hill Road. The recommended zoning is Public Open Lands (POL), and it is adjacent to the Coyote Ridge Fourth Annexation which is also proposed to be Public Open Lands. EXECUTIVE SUMMARY: The Coyote Ridge 5th Annexation and Zoning is in substantial compliance with the Colorado Revised Statutes, the Intergovernmental Agreement between Fort Collins and Larimer County, and the Fort Collins Land Use Code. RECOMMENDATION: Approval COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: N: FA 1 Farming (Larimer County Zoning) —vacant land, 11 Industrial (Larimer County Zoning) - Larimer County Landfill, S: FA 1 Farming (Larimer County Zoning) — Larimer County Open Space, E: FA 1 Farming (Larimer County Zoning) — Coyote Ridge Natural Area, Coyote Ridge 4th Annexation (under review), vacant land, W: FA 1 Farming (Larimer County Zoning) — County Open Space, vacant land. The property is located in the FA-1 Farming Zone District in Larimer County. It is not anticipated that any urban level services will need to be extended to the area being annexed. Because the City of Fort Collins already manages the Coyote Ridge Natural COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT