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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/02/2021 - SECOND READING OF ORDINANCE NO. 019, 2021, ANNEXIN Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY February 2, 2021 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 019, 2021, Annexing the Property Known as the Springer -Fisher Annexation No. 1 to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 19, 2021, annexes the first of two sequential tracts of land known collectively as the Springer -Fisher Annexations. Springer-Fisher Annexation No. 1 consists of 71.34 acres and establishes the required 1/6 contiguity with existing City limits. Springer - Fisher Annexation No. 1, located northwest of the East Mulberry Street and Greenfields Court intersection, would incorporate the property into Fort Collins’ municipal boundaries, as well as incorporating portions of the property into the Residential Neighborhood Sign District. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request conforms 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 Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 19, 2021 (w/o attachments) (PDF) 2. Ordinance No. 019, 2021 (PDF) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Items Relating to the Springer-Fisher Annexation No. 1. EXECUTIVE SUMMARY A. Resolution 2021-008 Setting Forth Findings of Fact and Determinations Regarding the Springer-Fisher Annexation. No. 1. B. Public Hearing and First Reading of Ordinance No. 019, 2021, Annexing the Property Known as the Springer-Fisher Annexation No. 1 to the City of Fort Collins, Colorado. The purpose of this item is to annex the first of two sequential tracts of land known collectively as the Springer- Fisher Annexations. Springer-Fisher Annexation No. 1 consists of 71.34 acres and establishes the required 1/6 contiguity with existing City limits. Springer-Fisher Annexation No. 1, located northwest of the East Mulberry Street and Greenfields Court intersection, would incorporate the property into Fort Collins’ municipal boundaries, as well as incorporating portions of the property into the Residential Neighborhood Sign District. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request conforms 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 Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. BACKGROUND / DISCUSSION History The Applicant has submitted a written petition requesting two sequential annexations. Springer-Fisher Annexation No. 1. is the first of this series of two sequential annexations, and totals 71.34 acres. The Annexation No. 1 property has 1/6 perimeter boundary contiguity with the existing municipal boundaries to the north, located northwest of the East Mulberry Street and Greenfields Court intersection. The annexation would incorporate the property into Fort Collins’ municipal boundaries, as well as incorporating portions of the property into the Residential Neighborhood Sign District. The property is located within the Fort Collins Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area (GMA), the City agrees to consider annexation of property in the GMA when the property is eligible for annexation according to State law. ATTACHMENT 1 Agenda Item 12 Item # 12 Page 2 Contiguity The land within Annexation No. 1 consists of 71.34 acres, with 1,323.29 feet of the total perimeter of 7,484.15 feet (17%) being contiguous on the north to the 1995 Fisher-Lemay Avenue Third Annexation. This contiguity satisfies the requirement that one-sixth (1/6) (16%) of its perimeter boundary be contiguous with existing City limits. Enclave Implications Annexing this 71.34-acre tract does not create (nor does it contribute to creating) an enclave. Previous Council Actions On December 15, 2020, Council unanimously adopted Resolutions 2020-114 and 2020-115, initiating a series of annexations of property owned by Springer-Fisher Inc., which accepted the annexation petitions and determined that the petitions followed all applicable state laws and notification requirements. CITY FINANCIAL IMPACTS The annexation and zoning will not result in any initial direct significant financial/economic impacts. Electric service will be transferred from Poudre Valley REA to Fort Collins Light and Power. Future development will also trigger the transition of law enforcement from Larimer County Sheriff to Fort Collins Police Services. Water utility services will continue to be provided by the East Larimer County (ELCO) Water District, and wastewater utility service will be provided by the Boxelder Sanitation District. BOARD / COMMISSION RECOMMENDATION At its December 17, 2020, meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation and recommend that the property be placed in the General Commercial (C-G), Neighborhood Commercial (N-C), Employment (E), Low Density Mixed-Use Neighborhood (L-M-N), and Medium Density Mixed-Use Neighborhood (M-M-N) zone districts, and that portions of the property be included in the Residential Neighborhood Sign District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH All notification requirements as required by state and local law have been met. A neighborhood meeting was held on August 19, 2020, for the proposed annexation. ATTACHMENTS 1. Vicinity Map (PDF) 2. Annexation Map (PDF) 3. Petition (PDF) 4. Sequence Map 1 (PDF) 5. Sequence Map 2 (PDF) 6. Existing Zoning Map (PDF) 7. Structure Plan Map (PDF) 8. East Mulberry Corridor Plan Map (PDF) 9. Zoning Concept Plan (PDF) 10. Annexation Impact Report (PDF) -1- ORDINANCE NO. 019, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE SPRINGER-FISHER ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, on December 15, 2020, City Council adopted Resolution 2020-114 finding substantial compliance and initiating annexation proceedings for the Springer-Fisher Annexation No. 1, as defined therein and described below; and WHEREAS, Resolution 2021-114 setting forth findings of fact and determinations regarding the Springer-Fisher Annexation No. 1 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 Springer-Fisher Annexation No. 1 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 2020- 114 and Resolution 2021-007 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: PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/16TH CORNER, COMMON TO SECTION 9 AND 16, MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “PLS 23503, 2007”; THENCE NORTH 00°13'30" EAST FOR 37.00 FEET ON THE EAST LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9 TO THE NORTH RIGHT OF WAY LINE OF THE STATE HIGHWAY NO. 14 AS RECORDED IN THE COLORADO STATE HIGHWAY DEPARTMENT AT FEDERAL AID PROJECT NO. F 44 (8) STATE HIGHWAY NO. 14 AND THE POINT OF BEGINNING; THENCE N89°12'17"W, A DISTANCE OF 640.46 FEET ON SAID NORTH RIGHT OF WAY LINE TO THE EAST LINE OF THAT PARCEL RECORDED AT BOOK 2300, PAGE 1701 IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; -2- THENCE ON SAID EAST LINE FOR THE FOLLOWING 6 COURSES; 1. THENCE N13°44'09"W, A DISTANCE OF 211.80 FEET; 2. THENCE N15°22'09"W, A DISTANCE OF 112.04 FEET; 3. THENCE N57°53'09"W, A DISTANCE OF 181.02 FEET; 4. THENCE N49°41'09"W, A DISTANCE OF 146.77 FEET; 5. THENCE N43°21'09"W, A DISTANCE OF 362.79 FEET; 6. THENCE N60°03'09"W, A DISTANCE OF 100.57 FEET TO THE WEST LINE OF SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE N00°17'21"E, A DISTANCE OF 477.22 FEET ON SAID WEST LINE TO THE SOUTH 1/16TH CORNER COMMON TO SECTION 9 AND 8 MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “LS 7839, 2000”; THENCE N00°17'04"E, A DISTANCE OF 1323.84 FEET ON THE WEST LINE OF NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 TO THE WEST QUARTER OF SAID SECTION 9 MONUMENTED WITH NO. 6 REBAR WITH 3-1/4” ALUMINUM CAP STAMPED “LS 34995, 2016”; THENCE S88°56'09"E, A DISTANCE OF 1323.29 FEET ON THE NORTH LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9 TO THE CENTER- WEST 1/16TH CORNER THEREOF MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “PLS 23503, 2007”; THENCE S00°13'30"W, A DISTANCE OF 2604.35 FEET ON THE EAST LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9 TO THE POINT OF BEGINNING. PARCEL CONTAINS 3,107,842 SQUARE FEET OR 71.346 ACRES is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Springer-Fisher Annexation No. 1, 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 Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. -3- Introduced, considered favorably on first reading, and ordered published this 19th day of January, A.D. 2021, and to be presented for final passage on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk