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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/20/2021 - SECOND READING OF ORDINANCE NO. 088, 2021, ANNEXIN Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY July 20, 2021 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 088, 2021, Annexing the Property Known as the Northeast Frontage Road Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 6, 2021, requests 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 Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 6, 2021 (w/o attachments) (PDF) 2. Ordinance No. 088, 2021 (PDF) 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) ATTACHMENT 1 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 issues 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) -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: THENCE CONTINUING N89°57'48"W ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER, A DISTANCE OF 194.78 FEET; -2- 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, including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. -3- 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