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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/04/2021 - ITEMS RELATING TO THE GIL BOYER ANNEXATION Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY May 4, 2021 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Items Relating to the Gil Boyer Annexation. EXECUTIVE SUMMARY A. Resolution 2021-052 Setting Forth Findings of Fact and Determinations Regarding the Gil Boyer Annexation. B. Public Hearing and First Reading of Ordinance No. 067, 2021, Annexing the Property Known as the Gil Boyer Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex a 9,800 square foot residential parcel located in northwest Fort Collins. The Initiating Resolution was adopted on consent, March 16, 2021. The property abuts North Taft Hill Road to the east and is situated 450 feet northwest of the intersection of Laporte Avenue and North Taft Hill Road. The annexation area consists of a single-family home and several accessory buildings. 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 Ordinance on First Reading and the Resolution. BACKGROUND / DISCUSSION This is an annexation of a single parcel located at 241 North Taft Hill Road in northwest Fort Collins. According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreement (IGA) regarding Growth Management dated June 24, 2008, as amended (IGA), the City of Fort Collins agrees to consider annexation of property in the GMA when the property becomes eligible for annexation under the Colorado Revised Statutes. The Gil Boyer Annexation gains the required contigu ity to existing City limits from three common boundaries with the Sanctuary on the Green Annexation (2018) and satisfies the requirement that no less than one -sixth of the perimeter boundary be contiguous to the existing City of Fort Collins municipal boun dary. The proposed annexation is not part of an enclave nor does it create an enclave. BOARD / COMMISSION RECOMMENDATION At its April 1, 2021, regular meeting, the Planning and Zoning Board voted 7 -0 to recommend approval of the annexation. This unanimous action was taken as part of the Board’s Consent Calendar. Agenda Item 15 Item # 15 Page 2 PUBLIC OUTREACH The City of Fort Collins Land Use Code and the Colorado Revised Statutes do not stipulate that a neighborhood meeting be held in conjunction with a voluntary annexation. Therefor e, a neighborhood meeting was not held. No public comment has been received to date. ATTACHMENTS 1. Vicinity and Zoning Map (PDF) 2. Annexation Petition (PDF) 3. Annexation Map (PDF) 4. Ownership Report (PDF) GRANDVIEWCEMETERY POL LMN GIL BOYER ANNEXATIONVICNITY & ZONING MAP ± LAPORTE AVE N TAFT HILL RDPENNSYLVANIA STSITE ATTACHMENT 1 ATTACHMENT 2 i • f ! • i l· ;i! i • .. j~.f ~ • I • f I ! I • . i i a:H f ! l ~ ~ i 0 ~ !~! ! ._, • ~ ; i lii j~~ t• : ~ .. • ~ ~.~ !q• : .. ! , l i n i • E ! • 's 1•·! • ! • i ' I f'u Ji?:!§ ii l II f ti ·i~i .. ' f ~ J ! i !~I i jf I i " i I• :1 ! •.. i j z ' i. ~m ~f O_t ' ~~} ' ~~ ! ., ! i I ~ • i! •• i i H • ~ 5~!it: !~~~ e i I n :~ H ' !~ !' !: ~I fa HI' , . f u i i ri B ! !j J m1 fid m i f . ~ 61 !f • • • a.fl iii • oo i! . i i I' ~ I Hi i ~ 1 II i • .. • •! f I"' .j!, t~i ' 1! i i h !' ~· i i: ! r" !H { I ' it" i i 'l ~ •l Hj. t~H ~ll ' ~~~ ... • ;~ E 5• E ~ .Jn ii~ i i ,j ~ ii !i i ·' ~ • d s .! s., i iW Hi i f I~ ~ •• f m1 !"'; I iH l H 8 8 ,• l ~H ;~; ~ .. .. .I ~ ~ !i 8 i' i ' JH ~ ~ <l •• i·i i i n ii Hi all ll ·~· ji: l ~! I ~Ii Hi {p l !~ j ~ ~ HJ .. .-!;! ii . .. l Ii .§~8 flo ,, .tiz: iii •• iii ' I• H H: tH l t' ii ''! lf ii' 1•! l .. 1H 1h I d h ., ~,. .. ~· ! !1 : ! =· .. ! h j! I ~i ~ u ll! l! n ! i ~it Sf} . ~' ~~ H h· •" H ~ej ti•I u !~~ i1H li :lf u rn iE u~ ;HI " ATTACHMENT 3 H~ Heritage . I '-Title company TITLE DEPARTMENT-DELIVERY TRANS MITT AL 8055 E Tufts Ave, Suite 300 Denver, CO 80237 M.lring T121W1Crio .. Pe'*'AAI A Commonwealtti ,. warm•~Anr'I' (303) 476-5800 Fax: OWNERSHIP AND ENCUMBRANCE REPORT Date: August 31, 2020 Effective Date: August 26, 2020 0 & E Order Number: H0615591 Schedule No.: Vesting: Vesting Deed Info.: Property Address: Legal Description: R0147524 Gilbert G. Boyer Warranty Deed 11/2/1970 Book 1445 Page 455 and Death Certificate for Loretta J. Boyer 12/6/2017 (copy not available online) 241 North Taft Hill Road, Fort Collins, CO 80521 See Warranty Deed recorded November 2, 1970 in Book 1445 at Page 455, Excepting that portion contained in Deed of Dedication recorded May 31, 2006 at Reception No. 20060040423. Encumbrances: None NOTE: This information is for your sole use and benefit and is furnished as an accommodation. The information has been taken from our tract indices, without reference to, or examination of, instruments which purport to affect the real property. The information is neither guaranteed nor certified, and is not an Abstract of Title, Opinion of Title, nor a Guarantee of Title, and our liability is limited to the amount of the fees. oande ATTACHMENT 4 STATE HUIEllJMY Fill ''·.' 'oN••:;:·_ ~. Gimirot Larimer ~., .......... and State of . GILBgRT G. BOYER and LORETTA J. BOYER of,tliii ·., ·. . •· 0...111 Larimer lllldStateofColondo,ofth .. eeo.-ulpan: · .WlfMiiiliaiiiO .......... tutie s of IM ftnt part, for and ill eonaideratlon of the ai:m Of ... T~n . Dollars and other valuable consideration. W1tr "°-~-~es ·:·_, ...... ,.re 1n hlllld pUI w· .... •kt,."'"' o1 u.. .~ .... d ""rt. .... -i,e ..... ~ •• ll•lllii;•...._..lllill ¢ '1 II ', uve lll'Utlld. liusalned. 1old and eollve)'ed, and b)' \hue p-tl do 1riaut. ............. , .... .., ..... •unn"" untu th• .. s.1 ....... a.. of U111. •G<"""d rnrl .• th,..ir ltfllrA •nd ""ll'M fnrner. not la...._. .. _ bat la Jetn& t.IDlncp, all lb• tullowlas cl.ae•i~•d Jut or 1•...-<cl yf l•ud, oll.,.'9, lyl"ll ••Ml billsla•. .ea.trot Larimer and Stlteot Colo.ado, to wit: ',,· · .... Ci?nsldering the East line of the NE~· of Section ?, . Toimship 7 :~orth, Ra~.g~~69J4.est ~f the 6th P.M., as bearir!b ~:. oo::i10;t 1 :!:. and with all bear.bigs. herein relative thereto: Begi!-ini~p; at a point on the West · ine of. ~he CoUrity ' Road right of way, which point bears :~. 00010~1 s. 520. 78 feet and again ~:. 89°38 • W. JO feet from the E~ corner of sai Sectt·on 9, thence N. a903a 1 w. 150 f'eet t<:ence t:. 0001.:i~· E. 70 feet thence S. a9°J8' E. 150 feet ·to said ri;-;ht of way line, thence.s. OQ910i' .w •.. 70 feet to the point of be,~im1i~g; · ...... · . '-'\ .. ~ ':: .. · ... :· 1*1ii;ia: ...... ea ~ 8lmplar tb lllndltammta ud appu..--thenunt.o ......-. or la llQWflle .:Vf:l:L:t:~t;4>-=:...-=:.: :-::: =~=-°'-:.D:!tl.:::;_ U: :.::: ··-S;·~QJ;'ti:e~·iiimmc -p.reilllleii, wliJa tlle bereditamenta aad appurte-. .. : •.-·" ' ·· · --.... :·:~llle.W ....._abqft llU' .. illed and claeribed, with tile~ 11Atod1uald : -,. _ ....... "*' U4 .-... '-· And the l&ld part i es of die tint .-rt. tor t:h".lm ./t,, l.iW.~-~ ~ .... llllmhWllator... -t, put, barsaln u4 ..-to ... wltla tlla · · ·.-· 'tliiii ·-.... llift. tWr Hu. ... .-.... tllat at the time of the -1lDS ucl dell"" of~ ,_ ~:;;,:-...: ·r-.. ., ... ,_._ ..... _,.., u of IOOd. ...... perfeet, iibeot• ..... ~ . · ... .,,,,, .. ,,bi:i!n,~·1a1eee1mp1e._.11ave sood rtPat. f1IIl .,_and lawflll ......... to put,._ -~:lii(!M!t·:...,.W ·.-:-.. Ill-.,...,. .. ...,. ,_ .r-•l.t, a11d U>Rt tlui ........ ..., free and ei.r "'°"' aU '""".,. :.tiiiail'~liiiiiillii;........_..a-.u... .._ __ ta allll e.11Cunib-pf wba'4rfc "1nd •• .,..,.~ l!Yft••· EXQep-i;:--;.~ase11119nt:s-, -resel'va-&1on1>, ana. res i:rim;ions:; 01 recoI'u u ar:y; exoep,t ';ane:re.l"taxe$ for 1970 and subseouent ;zee.rs and a first loan ~A~~i"~:~~~ede:a1 Savin&s and Loan Associa ... ion which buyers agreq <:. .., ,. ... :x: ]J ... 'f'Y_, .......... __. .. .,....... oi .... -.. pudaa °' ........ put, dialr · · ·' · · •iiiilil$:1B:•..., ,._ • ,._ lnfllllF elalmbasor to elalm tile whole or_, put thnof, rtli ·~ea:, ~:· .. tut IW 11114 wtll WA&MNT AND FOllEVU DEFEND. . • :'?ili~W~i ..... • ... IUI tut ies cii 6.tlnt puUave hlnaatult t~. ud !,~~x~~'.~~~~._.......... . /2 e/ ~ .¢~ . ~ . .............. ili\l~la ... .,._., ...:.L. ... _ ........................... 1•-!»-""'--.:-~-(RALJ }a ,_ ............ .., __ WI ~ 9 c( ;..., o~J.-/. S~ill and Brenda G. Still July 6 -1- RESOLUTION 2021-052 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE GIL BOYER ANNEXATION WHEREAS, pursuant to Resolution 2021-035, annexation proceedings were initiated by the City Council for property to be known as the Gil Boyer Annexation (the “Property”); and WHEREAS, following notice given as required by law, the City Council held a hearing on said annexation on May 4, 2021. 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 finds that the petition for annexation of the Property complies with the Municipal Annexation Act (the “Act”), Colorado Revised Statutes Section 31-12-101, et seq. Section 3. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the Property proposed to be annexed; that a community of interest exists between the Property proposed to be annexed into the City; that said Property is urban or will be urbanized in the near future; and that the Property is integrated with or is capable of being integrated with the City. Section 4. That the City Council further determines that the applicable parts of the Act have been met, that an election is not required under the Act, and that there are no other terms and conditions to be imposed upon said annexation. Section 5. That the City Council further finds that notice was duly given, and a hearing was held regarding the annexation in accordance with the Act. Section 6. That the City Council concludes that the Property is eligible for annexation to the City and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 4th day of May, A.D. 2021. _________________________________ Mayor ATTEST: ___________________________ City Clerk -1- ORDINANCE NO. 067, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE GIL BOYER ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, on March 16, 2021, City Council adopted Resolution 2021-035, finding substantial compliance and initiating annexation proceedings for the Gil Boyer Annexation, as defined therein and described below; and WHEREAS, Resolution 2021-052 setting forth findings of fact and determinations regarding the Gil Boyer Annexation was adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the Gil Boyer Annexation as described below (the “Property”) to the City. NOW, THEREFORE, BE IT ORDAINED 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 incorporates the findings of Resolution 2021-035 and Resolution 2021-52 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: A portion of the southeast quarter of the northeast quarter of Section 9, Township 7 North, Range 69 West of the 6th Principal Meridian, County of Claimer, State of Colorado, being described as follows: Basis of bearings: The east line of the northeast quarter of Section 9, Township 7 North, Range 69 West of the 6th Principal Meridian, assumed to bear N00°37'22"E. Commencing at the east quarter corner of Section 9, Township 7 North, Range 69 West of the 6th P.M., Thence along the east line of the northeast quarter of said Section 9, N00°37'22"E a distance of 520.78 feet; Thence departing said section line, N89°11'08"W a distance of 40.00 feet, to a point on the easterly right of way of North Taft Hill Road, said point being the Point of Beginning; Thence N89°11'08"W a distance of 140.00 feet to the east line of Sanctuary on the Green Annexation; Thence N00°37'22"E, along the east line of said Sanctuary on the Green Annexation, a distance of 70.00 feet; -2- Thence S89°11'08"E, along the south line of said Sanctuary on the Green Annexation, a distance of 140.00 feet to the aforesaid easterly right of way line; Thence S00°37'22"E a distance of 70.00 feet along said easterly right of way line to the Point of Beginning; Containing a calculated area of 0.225 acres, more or less is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Gil Boyer Annexation, which annexation shall become effective upon completion of the conditions contained in Colorado Revised Statutes (“C.R.S.”) Section 31-12-113, including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the 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 ordinances of the City. Section 5. That the City hereby consents, pursuant to C.R.S. Section 37-45-136(3.6), to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 4th day of May, A.D. 2021, and to be presented for final passage on the 18th day of May, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 18th day of May, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk