HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 7/6/2021 - ITEMS RELATING TO THE NORTHEAST FRONTAGE ROAD ANNE Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY July 6, 2021
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Items Relating to the Northeast Frontage Road Annexation.
EXECUTIVE SUMMARY
A. Resolution 2021-071 Setting Forth Findings of Fact and Determinations Regarding the Northeast
Frontage Road Annexation.
B. Public Hearing and First Reading of Ordinance No. 088, 2021, Annexing the Property Known as
Northeast Frontage Road Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to request the 100% voluntary annexation of a former frontage road that was
recently vacated by Colorado Department of Transportation (CDOT). The vacated 4 -acre tract of land reverted
to the adjacent property owner, who is now petitioning for annexation and zoning of the property. The Initiating
Resolution was adopted on May 18, 2021. The property is located within the boundary of the I -25 Corridor
Plan. A related item to zone the annexed property is presented as the next item on this Agenda.
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 Agreements.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Contiguity
The proposed 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).
This satisfies the state requirement that at least one-sixth of the perimeter boundary be contiguous to the
existing City of Fort Collins municipal boundary.
Enclave Implications
Annexing the 4-acre former right-of-way does not create nor contribute to creating an enclave.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Commission voted 6-0 to recommend the placement of the property into the General
Commercial (GC) zone district and LC2 Lighting Context Area at its May 20, 2021, meeting. This unanimous
action was taken as part of the Commission’s Discussion Agenda. (Attachment 4)
Agenda Item 12
Item # 12 Page 2
PUBLIC OUTREACH
Per Section 2.9(B), a neighborhood meeting is not required except that with respect to quasi-judicial map
amendments (rezoning) only, the Director may convene a neighborhood meeting to present and discuss a
proposal of known controversy and/or significant impacts. At the time of initial submittal, the project was not
seen as controversial, however, through subsequent communication with the surrounding neighborhoods both
staff and the applicant team determined that a neighborhood meeting would be appropriate.
On June 14, 2021, staff hosted a meeting to allow the applicant to share additional information related to three
concurrent projects being processed by the City (Annexation & Zoning, Rezoning, and Overall Development
Plan Amendment). The meeting allowed community members an opportunity to list and discuss iss ues related
to the area. Issues included:
• The amount and type of traffic generated by future development of the 115-acre site.
• The need for traffic calming measures such as radar signs, speed tables, commercial truck restrictions,
and bulb-outs.
• Need for a park and future connectivity to the new Timnath Middle-High School at Prospect.
• Difference in traffic quantities between Urban Estate zoning and Industrial zoning (80 vs 120 trips per day).
• The need for a signalized Intersection at CR5 and East Mulberry to encourage a more equal distribution of
traffic between arterial and collector streets.
• Concerns about the frontage road being closed and the additional impacts it will have on cut -through
traffic.
• Types of development allowed in the Industrial zone district and ensuring compatibility of future
development with Fox Grove to the north.
ATTACHMENTS
1. Vicinity and Zoning Map (PDF)
2. Annexation Petition (PDF)
3. Annexation Map (PDF)
4. Planning and Zoning Commission Minutes (draft) (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
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
ATTACHMENT 2
ATTACHMENT 2
Northeast Frontage Road
ATTACHMENT 2
ANNEXATIONSITEGALATIA ANNEXATIONDDDDGALATIA ANNEXATIONGALATIA ANNEXATIONHIGHWAY I-25 SECOND ANNEXATIONINTERSTATE ASSOCIATESANNEXATIONJob No.Date:SHT 1 OF 1P.O. Box 261176Lakewood, Colorado 80226720.251.0468RW210101-25-21VICINITY MAPSCALE: 1"=1200'“””””””””””ATTACHMENT 3
Michelle Haefele, Chair Virtual Hearing
Ted Shepard, Vice Chair City Council Chambers
Jeff Hansen 300 Laporte Avenue
Per Hogestad Fort Collins, Colorado
David Katz
Jeff Schneider Cablecast on FCTV, Channel 14 on Connexion &
Channels 14 & 881 on Comcast
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 (TDD 224-
6001) for assistance.
Regular Hearing
May 20, 2021
Chair Haefele called the meeting to order at 6:00 p.m.
Roll Call: Haefele, Hansen, Hogestad, Katz, Schneider, Shepard
Absent: None
Discussion Agenda:
2. NE Prospect & I-25 Annexation and Zoning
Project Description: This is a request for a 100% voluntary annexation of a former frontage road that was recently
vacated by Colorado Department 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. The adjacent properties
have already been incorporated into the city. The requested zoning for this annexation is General Commercial (C-G).
Recommendation: Approval
Secretary Manno reported that there were no citizen emails or letter received.
Staff and Applicant Presentations
Planner Kleer gave a brief verbal/visual overview of this item.
Rick White, property owner, commented that he did have two consultants present to answer any questions
including traffic engineers, civil engineers, etc. A brief verbal/visual presentation was given at this time. During
this presentation Rick, Roger Sherman and Ruth Rollins addressed the traffic frontage road concerns and traffic
questions.
Public Input (3 minutes per person)
Planning and Zoning
Commission Minutes
ATTACHMENT 4
Planning & Zoning Commission
May 20, 2021
Page 2 of 2
James Sayre liked Planner Kleer’s explanation of what will be happening with the f rontage road. He likes the
options for the frontage road. He will wait for the meetings once development is in process.
Attorney Yatabe commented that he believed that this item is being initiated by the property owner and wanted to
know if the property owner would like to make a presentation.
Josh Chapel, questions if he misunderstood the plan for the new frontage road to be Carriage Parkway, from
Prospect through to 14. Is this the plan?
Staff Response
Planner Kleer responded to Josh Chapel that this is not necessarily the case. Carriage Parkway was always
anticipated to be a collector street that would connect between Mulberry and Prospect. By coincidence, the
frontage road being devolved just puts some additional pressure on Carriage Parkway a s a street to provide that
former connectivity that frontage road did. As a result of the frontage road being devolved and no longer being
used as a connection, it then does become that connection between Prospect.
Commission Questions / Deliberation
Commissioner Hogestad asked if there was a neighborhood meeting. Planner Kleer respond that there was not a
neighborhood meeting as it was a house keeping item and not controversial.
Vice Chair Shepard asked Planner Kleer to explain that there will be an alternative road network to serve future
development in the area. Planner Kleer explained the Master Street Plan and what the connections will be in the
future for this area.
Commissioner Katz is thankful for the concerned citizens and that the Commission did not do a good job of explaining
to the citizens that this is a rezone and an annexation and that there is going to be a development plan. He
encourages citizens to come to the meetings then and that is when the details will be thoroughly gone over.
Commissioner Haefele commented that the procedure went off the rails because of the moving parts involved with the
intersection. She is glad to hear the concerns from the citizens.
Vice Chair Shepard thanked Planner Kleer for his presentation and information on this item and asked for an
explanation of what the memo involves and how this property became a remnant piece of property that was not
included in the 2004 annexation. Planner Kleer responded as part of the 1991 annexation, an adjacent right-of-way to
an annexed property would typically be required, During the 1991 annexation this 40 -acres was inadvertently excluded
from the annexation. Prospect road was included as it should have been, but this portion was not.
Vice Chair Shepard commented that this is a cleanup item, a survey glitch. He is confident that this is moving in the
right direction. It is in the public interest that this survey glitch be remedied.
Commissioner Schneider commented that this is a recommendation to Council. Commissioner Haefele thanked
Commissioner Schneider for pointing that out.
Chair Haefele commented that she agrees and that this is a tough thing as it is a step among many with an
intersection of concern. She apologized for the discombobulation and confusion.
Commissioner Hansen made a motion that the Fort Collins Planning and Zoning Commission recommend
approval to City Council of the North East Frontage Road Annexation and Zoning ANX210001. This
recommendation is based upon the agenda and materials, the information and materials presented during the
work session and this hearing and the Commission discussion on this item. Th is complies with all applicable
land use code procedures and requirements and the information, analysis, findings of fact and conclusions
contained in the staff report included with the agenda materials for this hearing are adopted by this
commission. Commissioner Schneider seconded with a friendly amendment that it is zoned general
commercial to also include LC2 lighting and context area. Commissioner Hansen accepted the amendment.
Vote 6:0
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RESOLUTION 2021-071
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE NORTHEAST FRONTAGE ROAD ANNEXATION
WHEREAS, pursuant to Resolution 2021-056, annexation proceedings were initiated by
the City Council for property to be known as the Northeast Frontage Road Annexation (the
“Property”); and
WHEREAS, following notice given as required by law, the City Council held a hearing
on said annexation July 6, 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.
-2-
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held
this 6th day of July, A.D. 2021.
_________________________________
Mayor
ATTEST:
___________________________
City Clerk
-1-
ORDINANCE NO. 088, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING THE PROPERTY KNOWN AS THE
NORTHEAST FRONTAGE ROAD ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, on May 18, 2021, City Council adopted Resolution 2021-056 finding
substantial compliance and initiating annexation proceedings for the Northeast Frontage Road
Annexation, as defined therein and described below; and
WHEREAS, Resolution 2021-071 setting forth findings of fact and determinations
regarding the Northeast Frontage Road 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 Northeast Frontage Road 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
2021-056 and Resolution 2021-071 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 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:
-2-
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
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Northeast Frontage Road Annexation, which annexation shall become effective upon completion
of the conditions contained in Colorado Revised Statutes (“C.R.S.”) Section 31-12-113,
-3-
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 6th day of
July, A.D. 2021, and to be presented for final passage on the 20th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
__________________________
City Clerk
Passed and adopted on final reading on the 20th day of July, A.D. 2021.
__________________________________
Mayor
ATTEST:
__________________________
City Clerk