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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/18/2021 - RESOLUTION 2021-056 FINDING SUBSTANTIAL COMPLIANCE Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY May 18, 2021 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Resolution 2021-056 Finding Substantial Compliance and Initiating Annexation Proceedings for the Northeast Frontage Road Annexation. EXECUTIVE SUMMARY The purpose of this item is to initiate annexation proceedings for the Northeast Frontage Road Annexation. This is a 100% voluntary annexation. The property contained within the annexation area is approximately 4 acres and is located northeast of the intersection of Interstate-25 and East Prospect Road. The requested zoning for this annexation is General Commercial (C-G). The proposed Resolution makes a finding that the annexation petition substantially complies with the Muni cipal Annexation Act of 1965, determines that a hearing should be established regarding the annexation, and directs notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and zoning ordinances, and notice will be published and distributed as 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 F ort Collins Intergovernmental Agreement Regarding Growth Management. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This is a 100% voluntary annexation of a former frontage road that was vacated by Colorado De partment of Transportation (CDOT). The vacated 4-acre tract of land was dedicated to the adjacent property owner who is now petitioning for annexation and zoning of the property. 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 agrees to consider annexation of property in the GMA when the property becomes eligible for annexation under the Colorado Revised Statutes. The Northeast Frontage Road Annexation gains the required contiguity and is wholly surrounded by City limits by the Galatia Annexation (1990), Highway I-25 Second Annexation (1989), and Interstate Associates Annexation (1989) which satisfies the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City of Fort Collins municipal boundary. Agenda Item 9 Item # 9 Page 2 BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing for the annexation and zoning on May 20, 2021. The Board’s recommendation will be forwarded to Council as part of the First Reading of the annexation and zoning ordinances on July 6, 2021. PUBLIC OUTREACH The City of Fort Collins Land Use Code and the Colorado Revised Statute s do not stipulate that a neighborhood meeting be held in conjunction with a voluntary annexation, therefore, a neighborhood meeting was not held. ATTACHMENTS 1. Vicinity Map (PDF) 2. Petition for Annexation (PDF) 3. Annexation Map (PDF) 9,028 1,504.7 Northeast Frontage Road Annexation This map is a user generated static output from the City of Fort Collins FCMaps Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.City of Fort Collins - GIS 1,143.0 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet1,143.00571.50 Notes Legend 6,859 Parcels City Zoning Community Commercial Community Commercial North College Community Commercial Poudre River General Commercial Limited Commercial Service Commercial CSU Downtown Employment Harmony Corridor Industrial High Density Mixed-Use Neighborhood Low Density Mixed-Use Neighborhood Medium Density Mixed-Use Neighborhood Neighborhood Commercial Neighborhood Conservation Buffer Neighborhood Conservation Low Density Neighborhood Conservation Medium Density Public Open Lands River Conservation River Downtown Redevelopment Residential Foothills Low Density Residential Rural Lands District Transition Urban Estate SITE ATTACHMENT 1 Northeast Frontage Road 174,693 SQUARE FEET 4.01 ATTACHMENT 2 PROPERTY DESCRIPTION NE FRONTAGE ROAD ANNEXATION PROPERTY DESCRIPTION A TRACT OF LAND BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 15; THENCE N89º57'48“W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1250.51 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE EXCEPTED TRACT OF LAND SHOWN ON THE "GALATIA ANNEXATION" AS INTERSTATE FRONTAGE ROAD AND ALSO BEING DESCRIBED AT RECEPTION NO. 88059158 OF THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER (LCCR) THE FOLLOWING COURSES: THENCE CONTINUING N89°57'48"W ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER, A DISTANCE OF 194.78 FEET; THENCE N00°02'12"E, A DISTANCE OF 30.00 FEET; THENCE N89°57'48"W, A DISTANCE OF 85.22 FEET; THENCE N43°50'15"E, A DISTANCE OF 138.55 FEET; THENCE N03°22'20"W, A DISTANCE OF 73.50 FEET TO A POINT OF CURVATURE; THENCE 345.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.26 FEET, A CENTRAL ANGLE OF 53°40'15”, AND WHOSE CHORD BEARS N37°17'58”W, A DISTANCE OF 333.39 FEET; THENCE N71°13'36”W, A DISTANCE OF 142.46 FEET; THENCE N74°38'09”W, A DISTANCE OF 494.43 FEET; THENCE N71°03'19”W, A DISTANCE OF 157.09 FEET TO A POINT OF CURVATURE; THENCE 105.71 FEET ALONG THE ARC OF A CURVE TO RIGHT, HAVING A RADIUS OF 449.26 FEET, A CENTRAL ANGLE OF 13°28'55”, AND WHOSE CHORD BEARS N57°23'41"W, A DISTANCE OF 105.47 FEET; THENCE S78°39'00"W, A DISTANCE OF 63.21 FEET; THENCE S11°21'00"E, A DISTANCE OF 200.00 FEET; THENCE N26°21'00"W, A DISTANCE OF 100.00 FEET; THENCE N09°09'00"W, A DISTANCE OF 202.70 FEET; THENCE N00°13'00"E, A DISTANCE OF 573.50 FEET; THENCE S54°51'00"E, A DISTANCE OF 24.37 FEET; THENCE S00°13'00"W, A DISTANCE OF 359.17 FEET TO A POINT OF CURVATURE; THENCE 347.06 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.26 FEET, A CENTRAL ANGLE OF 53°51'07", AND WHOSE CHORD BEARS S37°12'34"E, A DISTANCE OF 334.43 FEET; THENCE S71°13'36”E, A DISTANCE OF 142.46 FEET; THENCE S74°38'09”E, A DISTANCE OF 494.43 FEET; THENCE S71°03'19”E, A DISTANCE OF 157.09 FEET TO A POINT OF CURVATURE; THENCE 420.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 449.26 FEET, A CENTRAL ANGLE OF 53°40'21", AND WHOSE CHORD BEARS S37°17'52"E, A DISTANCE OF 405.63 FEET; THENCE S03°32'38”E, A DISTANCE OF 88.12 FEET; THENCE S46°10'16"E, A DISTANCE OF 144.50 FEET; THENCE S00°02'12"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 174,693 SQUARE FEET, 4.01 ACRES MORE OR LESS Northeast Frontage Road ATTACHMENT 3 -1- RESOLUTION 2021-056 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE NORTHEAST FRONTAGE ROAD ANNEXATION WHEREAS, a written petition, together with four prints of an annexation map, has been filed with the City Clerk requesting the annexation of certain property to be known as the Northeast Frontage Road Annexation, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the Northeast Frontage Road Annexation in accordance with the Municipal Annexation Act, Colorado Revised Statutes (“C.R.S.”) Section 31-12-101, et seq. 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 Northeast Frontage Road Annexation, located northeast of the intersection of Interstate 25 and East Prospect Road and more particularly described as situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 15; THENCE N89º57'48“W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1250.51 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE EXCEPTED TRACT OF LAND SHOWN ON THE "GALATIA ANNEXATION" AS INTERSTATE FRONTAGE ROAD AND ALSO BEING DESCRIBED AT RECEPTION NO. 88059158 OF THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER (LCCR) THE FOLLOWING COURSES: THENCE CONTINUING N89°57'48"W ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER, A DISTANCE OF 194.78 FEET; THENCE N00°02'12"E, A DISTANCE OF 30.00 FEET; THENCE N89°57'48"W, A DISTANCE OF 85.22 FEET; THENCE N43°50'15"E, A DISTANCE OF 138.55 FEET; -2- THENCE N03°22'20"W, A DISTANCE OF 73.50 FEET TO A POINT OF CURVATURE; THENCE 345.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.26 FEET, A CENTRAL ANGLE OF 53°40'15”, AND WHOSE CHORD BEARS N37°17'58”W, A DISTANCE OF 333.39 FEET; THENCE N71°13'36”W, A DISTANCE OF 142.46 FEET; THENCE N74°38'09”W, A DISTANCE OF 494.43 FEET; THENCE N71°03'19”W, A DISTANCE OF 157.09 FEET TO A POINT OF CURVATURE; THENCE 105.71 FEET ALONG THE ARC OF A CURVE TO RIGHT, HAVING A RADIUS OF 449.26 FEET, A CENTRAL ANGLE OF 13°28'55”, AND WHOSE CHORD BEARS N57°23'41"W, A DISTANCE OF 105.47 FEET; THENCE S78°39'00"W, A DISTANCE OF 63.21 FEET; THENCE S11°21'00"E, A DISTANCE OF 200.00 FEET; THENCE N26°21'00"W, A DISTANCE OF 100.00 FEET; THENCE N09°09'00"W, A DISTANCE OF 202.70 FEET; THENCE N00°13'00"E, A DISTANCE OF 573.50 FEET; THENCE S54°51'00"E, A DISTANCE OF 24.37 FEET; THENCE S00°13'00"W, A DISTANCE OF 359.17 FEET TO A POINT OF CURVATURE; THENCE 347.06 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.26 FEET, A CENTRAL ANGLE OF 53°51'07", AND WHOSE CHORD BEARS S37°12'34"E, A DISTANCE OF 334.43 FEET; THENCE S71°13'36”E, A DISTANCE OF 142.46 FEET; THENCE S74°38'09”E, A DISTANCE OF 494.43 FEET; THENCE S71°03'19”E, A DISTANCE OF 157.09 FEET TO A POINT OF CURVATURE; THENCE 420.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 449.26 FEET, A CENTRAL ANGLE OF 53°40'21", AND WHOSE CHORD BEARS S37°17'52"E, A DISTANCE OF 405.63 FEET; THENCE S03°32'38”E, A DISTANCE OF 88.12 FEET; THENCE S46°10'16"E, A DISTANCE OF 144.50 FEET; THENCE S00°02'12"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 174,693 SQUARE FEET, 4.01 ACRES MORE OR LESS. Section 3. That the City Council hereby finds and determines that the annexation petition for the Northeast Frontage Road 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 C.R.S. Sections 31-12-104 and 31-12-105 exist or have been met; -3- (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 Northeast Frontage Road 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; and (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. -4- Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 18th day of May, A.D. 2021. __________________________________ Mayor ATTEST: ____________________________ City Clerk NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2021-056 initiating annexation proceedings for the Northeast Frontage Road Annexation, consisting of approximately 4 acres and generally located northeast of the intersection of Interstate 25 and East Prospect Road, and said Annexation being more particularly described in Resolution 2021-056, a copy of which is available from the City Clerk’s Office. The area to be annexed is more particularly described as: A TRACT OF LAND BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 15; THENCE N89º57'48“W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1250.51 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE EXCEPTED TRACT OF LAND SHOWN ON THE "GALATIA ANNEXATION" AS INTERSTATE FRONTAGE ROAD AND ALSO BEING DESCRIBED AT RECEPTION NO. 88059158 OF THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER (LCCR) THE FOLLOWING COURSES: THENCE CONTINUING N89°57'48"W ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER, A DISTANCE OF 194.78 FEET; THENCE N00°02'12"E, A DISTANCE OF 30.00 FEET; THENCE N89°57'48"W, A DISTANCE OF 85.22 FEET; THENCE N43°50'15"E, A DISTANCE OF 138.55 FEET; THENCE N03°22'20"W, A DISTANCE OF 73.50 FEET TO A POINT OF CURVATURE; THENCE 345.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.26 FEET, A CENTRAL ANGLE OF 53°40'15”, AND WHOSE CHORD BEARS N37°17'58”W, A DISTANCE OF 333.39 FEET; THENCE N71°13'36”W, A DISTANCE OF 142.46 FEET; THENCE N74°38'09”W, A DISTANCE OF 494.43 FEET; THENCE N71°03'19”W, A DISTANCE OF 157.09 FEET TO A POINT OF CURVATURE; THENCE 105.71 FEET ALONG THE ARC OF A CURVE TO RIGHT, HAVING A RADIUS OF 449.26 FEET, A CENTRAL ANGLE OF 13°28'55”, AND WHOSE CHORD BEARS N57°23'41"W, A DISTANCE OF 105.47 FEET; THENCE S78°39'00"W, A DISTANCE OF 63.21 FEET; THENCE S11°21'00"E, A DISTANCE OF 200.00 FEET; THENCE N26°21'00"W, A DISTANCE OF 100.00 FEET; THENCE N09°09'00"W, A DISTANCE OF 202.70 FEET; EXHIBIT A THENCE N00°13'00"E, A DISTANCE OF 573.50 FEET; THENCE S54°51'00"E, A DISTANCE OF 24.37 FEET; THENCE S00°13'00"W, A DISTANCE OF 359.17 FEET TO A POINT OF CURVATURE; THENCE 347.06 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.26 FEET, A CENTRAL ANGLE OF 53°51'07", AND WHOSE CHORD BEARS S37°12'34"E, A DISTANCE OF 334.43 FEET; THENCE S71°13'36”E, A DISTANCE OF 142.46 FEET; THENCE S74°38'09”E, A DISTANCE OF 494.43 FEET; THENCE S71°03'19”E, A DISTANCE OF 157.09 FEET TO A POINT OF CURVATURE; THENCE 420.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 449.26 FEET, A CENTRAL ANGLE OF 53°40'21", AND WHOSE CHORD BEARS S37°17'52"E, A DISTANCE OF 405.63 FEET; THENCE S03°32'38”E, A DISTANCE OF 88.12 FEET; THENCE S46°10'16"E, A DISTANCE OF 144.50 FEET; THENCE S00°02'12"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 174,693 SQUARE FEET, 4.01 ACRES MORE OR LESS That, on July 6, 2021, 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 General Commercial (“G-C”) Zone District. Upon request, the City of Fort Collins will provide language access services for individuals who have limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide 48 hours advance notice when possible. A petición, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 221-6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso previo cuando sea posible. Dated this 23rd day of May, A.D. 2021. _______________________________ City Clerk EXHIBIT A