HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/07/2021 - ITEMS RELATED TO THE DISCONNECTION OF THE POUDRE S Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY September 7, 2021
City Council
STAFF
Rebecca Everette, Development Review Manager
Brad Yatabe, Legal
SUBJECT
Items Related to the Disconnection of the Poudre School District Prospect Middle and High School Sit e from
the City of Fort Collins.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 107, 2021 Disconnecting Certain Poudre School District Property
Located at the Intersection of East Prospect Road and Larimer County Road 5 From the Territory of
the City of Fort Collins.
B. First Reading of Ordinance No. 108, 2021 Approving the Eighth Amendment to the Fort Collins-
Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management,
and Related Issues.
The purpose of this item is to process a request from the Poudre School District to disconnect (de-annex) the
Prospect Middle/High School Site from the City of Fort Collins so that it can be annexed into the Town of
Timnath. Included in this item are the following actions:
(1) Disconnection of the Prospect Middle/High School property from the Fort Collins City Limits. This
Ordinance would not take effect until the Town of Timnath has approved annexation of the property.
(2) Amend the City's intergovernmental agreement with the Town of Timnath regarding cooperation on
annexation, growth management and related issues. The amendment would allow for Timnath to annex
the property into their municipal limits despite the property's location within the Fort Collins Growth
Management Area.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Disconnection Request
The City has received an application for Disconnection of Property from Poudre School District (PSD) for the
Prospect Middle/High School site, located northeast of the Prospect and I -25 interchange at the intersection of
East Prospect Road and Larimer County Road 5. This potential disconnection was previously contemplated as
part of the Intergovernmental Agreement (Regarding Cooperation on Annexation, Growth Management and
Related Issues) (IGA) between the City and the Town of Timnath . The City agreed to consider the
disconnection of this property as part of the Seventh Amendment to the IGA, dated October 28, 2014.
The disconnection includes both the school campus and the adjacent public rights -of-way (East Prospect Road
Agenda Item 10
Item # 10 Page 2
and Larimer County Road #5).
Colorado state statutes and the Fort Collins Land Use Code (LUC) allow for the disconnection of land from City
limits. LUC Section 2.12.6 offers the following guidance:
“2.12.6 - Application for Disconnection, Enactment, Filing
When the owner of a tract of land within and adjacent to the boundary of the City desires to have said
tract disconnected from the City, such owner may apply to the City Council for the enactment of an
ordinance disconnecting such tract of land from the City. On receipt of such application, it is the duty of
the City Council to give due consideration to such application, and, if the City Council is of the opinion
that the best interests of the City will not be prejudiced by the disconnection of such tract, it shall enact
an ordinance effecting such disconnection. If such an ordinance is enacted, it shall be immediately
effective upon filing with the cou nty Clerk and Recorder to accomplish the disconnection, and two (2)
certified copies thereof shall also be filed with the county Clerk and Recorder. The county Clerk and
Recorder shall file one (1) certified copy with the Division of Local Government in th e Department of
Local Affairs, as provided by Section 24-32-109, C.R.S., and the other copy shall be filed with the
Department of Revenue, as provided by Section 31-12-113(2)(a.5), C.R.S.”
Intergovernmental Agreement - Eighth Amendment
Since the 2014 IGA amendment, PSD has purchased additional property (Lots 3 and 4) adjacent to the school
site that has been incorporated into long-term plans for the campus on the disconnection map. (Attachment 1)
As such, the IGA must be further amended to include the two additional lots for consideration of
disconnection/annexation.
The Eighth Amendment outlines commitments made by both Fort Collins and Timnath related to the timing and
details of the disconnection and annexation of the PSD property , Timnath assuming maintenance responsibility
for the disconnected portions of East Prospect Road and Larimer County Road 5 , and the City and Timnath
working cooperatively to amend the respective Growth Management Areas changed by the disconnection and
annexation by amending the respective intergovernmental agreements with Larimer County.
Staff Analysis and Findings
The application for disconnection was properly filed with the City, and proper notice was provided to all
applicable governments and agencies, including Larimer County, the Town of Timnath, utility service providers,
and various special districts. Neither PSD nor the City has received any objections to the disconnection from
the entities that were notified. Additional notice, although not required, was published to notify the public of the
date and time of the Council disconnection hearing and a description of the property proposed to be
disconnected.
The disconnection request aligns to previous Council actions to cooperate with Timnath on growth
management in this area of the community. The disconnection would not adversely impact the City or its
residents. All municipal services, including police, traffic, street maintenance, and utility service would be
provided by Timnath or other entities.
Next Steps
If the disconnection is approved, PSD intends to annex the property into the Town of Timanth. The ordinance
for disconnection is conditioned such that the ordinance would not be recorded, and the disconnection would
not be final until Timnath approves the annexation, so that the property does not reside in unincorporated
Larimer County for any time.
CITY FINANCIAL IMPACTS
If the property is disconnected from the City of Fort Collins, the City would no longer be obligated to serve the
property with utilities, police services, traffic operations, street maintenance, and other community services or
Agenda Item 10
Item # 10 Page 3
amenities. Timnath and other service providers would be responsible for the costs of serving the property in
the future.
ATTACHMENTS
1. Application for Disconnection (PDF)
N89°59'09"W 2638.04' (BASIS OF BEARINGS)SOUTH LINE OF THE SOUTHEAST 1/4S1/16 S14&S15-T7N-R68WFOUND 2.5" ALUMINUM CAPON #6 REBAR IN MON. BOXLS 17662, 1996 LANDSTARPOINT OF COMMENCEMENTSE COR S15-T7N-R68WFOUND 2.5" ALUMINUM CAPON #6 REBAR IN MON. BOXPLS 5028, 1995CS1/16 COR S15-T7N-R68WFOUND 30" #6 REBARW/2 1/2 " ALUM. CAPLS 34995LOT 9KITCHELL SUBDIVISIONLOT 8 LOT 7 LOT 6 LOT 5 LOT 4 LOT 3PROSPECT RD. (LCR #44)LARIMER COUNTY RD #5LOT 1HOMESTEAD ESTATESLOT 32 LOT 31LOT 20LOT 19LOT 1HOMESTEAD ESTATESHOMESTEAD ESTATESLOT 2LOT 1UNPLATTEDUNPLATTEDUNPLATTEDTRACT CSERRATOGA FALLS 2NDBK1531 PG759UNPLATTEDHACIENDA DE ARBOLES MRDLOT 4LOT 3LOT 2DISCONNECTION AREA5,030,082 sq. ft.115.475 ac.N89°59'24"W 635.21'N00°00'36"E 559.99'N54°58'16"W 456.59'N00°00'51"E 646.57'N60°06'24"E 375.84'S76°39'58"E 580.42'S00°05'39"W250.08'S89°50'47"E 2669.14'S00°09'46"W 1355.96'N89°59'09"W 2668.01'S1/4 COR S15-T7N-R68WFOUND 2.5" ALUMINUM CAPON #6 REBAR IN MON. BOXPLS 28295, 1995TRACT BSERRATOGA FALLS 2NDDelta= 13°32'03"R=642.00' L=151.65'Dir= N53°20'22"EChord= 151.30'POINT OF BEGINNINGSOUTHEAST CORNERGALATIA ANNEXATIONS89°59'09"E30.00'S00°09'46"W30.00'PROSPECT MIDDLE/HIGH SCHOOL SUBDIVISIONCITY OF FORT COLLINSCITY OF FORT COLLINSTOWN OF TIMNATHNATHTOWN OF TIMNNORTHA TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 14, SOUTH HALF OF SECTION 15, NORTH HALF OFSECTION 22 AND THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M.,CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADODISCONNECTION MAP FOR THE CITY OF FORT COLLINS1SURVEYOR'S STATEMENTI, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this map of landproposed to be disconnected from the City of Fort Collins, County of Larimer, State of Colorado was preparedunder my direct supervision from existing documents of record, and that the same is true and correct to the bestof my knowledge, information and belief.Steven A. LundColorado Registered ProfessionalLand Surveyor No. 34995For and on behalf of Northern EngineeringDISCONNECT PROPERTY DESCRIPTION:A parcel of land originally annexed into the City of Fort Collins, Colorado by the Galatia Annexation recorded February 22, 1991 asReception No. 91007174 and inclusive of the Prospect Middle/High School Subdivision Plat recorded March 11, 2021 as ReceptionNo. 20210025373, being disconnected from the City of Fort Collins and being portions of the Southwest Quarter of Section Fourteen(14), South Half of Section Fifteen (15), North Half of Section Twenty-two (22), and the Northwest Quarter of Section Twenty-Three(23), all in Township Seven North (T.7N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County ofLarimer, State of Colorado, and being more particularly described as follows:COMMENCING at the Southeast Corner of said Section 15 and assuming the South line of the Southeast Quarter of said Section 15as bearing North 89°59'09" West, as determined by a GPS observation, a distance of 2638.04 feet with all other bearings containedherein relative thereto:THENCE South 89°59'09" East along the easterly prolongation of the South line of the Southeast Quarter of said Section 15 a distanceof 30.00 feet to the East line of said Galatia Annexation;THENCE South 00°09'46" West along said East line of Galatia Annexation a distance of 30.00 feet to the Southeast corner of saidGalatia Annexation and the POINT OF BEGINNING;THENCE North 89°59'09" West along the South line of said Galatia Annexation a distance of 2668.01 feet to an angle break on saidSouth line;THENCE North 89°59'24" West continuing along the South line of said Galatia Annexation a distance of 635.21 feet to the southerlyprolongation of the West line of Lot 1 of said Prospect Middle/High School Subdivision Plat;THENCE North 00°00'36" East a distance of 559.99 feet to the Southerly line of Lot 3 of the Prospect Middle/High School SubdivisionPlat;THENCE North 54°58'16" West along the Southerly line of said Lot 3 a distance of 456.60 feet to the West line thereof;THENCE North 00°00'51" East along the West line of said Lot 3 a distance of 646.57 feet to the Northwest corner thereof;The next Three (3) courses are along the Northwesterly and Northeasterly lines of Lot 3 and Lot 4 of said Prospect Middle/HighSchool Subdivision Plat:THENCE North 60°06'24" East a distance of 375.84 feet to a Point of Curvature;THENCE along the arc of a curve concave to the Northwest a distance of 151.65 feet, said curve has a Radius of 642.00 feet, a Delta of13°32'03" and is subtended by a Chord bearing North 53°20'22" East a distance of 151.30 feet to the endpoint of said curve;THENCE South 76°39'58" East a distance of 580.42 feet to the Westerly line of Lot 9, Kitchell Subdivision recorded April 19, 1990 asReception No. 90016150 of the Records of Larimer County;THENCE South 00°05'39" West along said Westerly line of Lot 9 a distance of 250.08 feet to the Center South Sixteenth corner of saidSection 15;THENCE South 89°50'47" East along the North line of the South Half of the Southeast Quarter a distance of 2669.14 feet to theNortheast Corner of said Galatia Annexation;THENCE South 00°09'46" West along the East line of said Galatia Annexation a distance of 1355.96 feet to the POINT OFBEGINNING;Said parcel of land contains 115.47 acres, more or less.The intent of this Disconnect process is to remove Lots 1 thru 4 of the Prospect Middle/High School Subdivision Plat recorded March11, 2021 as Reception No. 20210025373 of the Records of Larimer County and the adjoining road rights of way from the City of FortCollins limits and jurisdiction.APPROVED:This map to be known as _________________________________ to the City of Fort Collins, County of Larimer,State of Colorado by Ordinance No. , passed and adopted on final reading at a regularmeeting of the City Council of Fort Collins, Colorado held on the day of , 20 . .City ClerkAPPROVED AS TO FORM:_______________________________________________City EngineerNOTES:1) The Basis of Bearings is the South line of the Southeast Quarter of Section 15 as bearing North 89° 59' 09" West(assumed bearing) as monumented on drawing.2) The lineal unit of measure for this survey is U.S. Survey Feet.8-06-21VICINITY MAPNORTHBOUNDARY LINEPROPERTY LINEFOUND PROPERTY CORNERAS DESCRIBEDSECTION LINEFOUND SECTION CORNERAS DESCRIBEDRIGHT-OF-WAY LINESITEINTERSTATE 25PROSPECT RD.TIMBERLINE RD.MULBERRY ST.HORSETOOTH RD.NOTICE:According to Colorado law you must commence any legal action basedupon any defect in this survey within three years after you discover suchdefect. In no event may any action based upon any defect in this surveybe commenced more than ten years after the date of the certificate shownhereon.S:\Survey Jobs\100-024\Dwg\Annexation - Disconnect\100-024 DISCONNECT PLAT.dwg, 8/6/2021 10:29:28 AM, 1:1
-1-
ORDINANCE NO. 107, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DISCONNECTING CERTAIN POUDRE SCHOOL DISTRICT PROPERTY LOCATED AT
THE INTERSECTION OF EAST PROSPECT ROAD AND LARIMER COUNTY ROAD 5
FROM THE TERRITORY OF THE CITY OF FORT COLLINS
WHEREAS, Poudre School District (“PSD”) has submitted an application requesting that
City Council disconnect certain property consisting of Lots 1, 2, 3, and 4 of the Prospect
Middle/High School Subdivision Plat (“School Plat”) recorded March 11, 2021, at Reception No.
20210025373, in the records of the Larimer County Clerk and Recorder and abutting public road
rights-of-way (collectively, the “Property”) as shown on the attached disconnection map,
attached hereto and incorporated herein as Exhibit “A”, from the territory of the City of Fort
Collins; and
WHEREAS, pursuant to Article 4, Section 4.3, which was added to the
Intergovernmental Agreement (Regarding Cooperation on Annexation, Growth Management and
Related Issues) dated February 17, 2009, between Fort Collins and the Town of Timnath, by the
Seventh Amendment to Intergovernmental Agreement (Regarding Cooperation on Annexation,
Growth Management and Related Issues) dated October 28, 2014, (“Seventh Amendment”), the
City agreed to consider the disconnection of the land that comprises Lots 1 and 2 of the School
Plat upon request of PSD; and
WHEREAS, on or about May 25, 2021, PSD provided notice and a copy of its
disconnection application to the Board of County Commissioners of Larimer County, Colorado,
the Town Council of the Town Timnath, and to the Boards of Directors of the following special
districts: I-25/Prospect Interchange Metropolitan District, Poudre School District R-1, Poudre
River Public Library District, Health District of Northern Colorado, Northern Colorado Water
Conservancy District, Larimer County Pest Control District, Boxelder Sanitation District, and the
East Larimer County Water District; and
WHEREAS, neither PSD nor the City has received an objection to the proposed
disconnection or request to meet to discuss the disconnection from any of the entities to whom
notice of the disconnection was provided; and
WHEREAS, upon disconnection of the Property from the City and annexation into the
Town of Timnath, Timnath has agreed to assume responsibility, including without limitation
signalization and traffic signs, operations, and maintenance for the public street rights-of-way
proposed to be disconnected and shown on Exhibit “A”.
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 finds that the best interests of the City will not be
-2-
prejudiced by the disconnection of the Property and that the disconnection is in the best interests
of the citizens of Fort Collins.
Section 3. That this Ordinance shall not be recorded with the Larimer County Clerk
and Recorder, and the disconnection of the Property shall not be effective, until the following
have occurred:
(a) The Town of Timnath has approved the annexation of the Property,
with such annexation being effective upon the recording of this
Ordinance and executed disconnection map with the Larimer County
Clerk and Recorder so that there is no gap in time between the
disconnection becoming effective and the annexation to the Town of
Timnath; and
(b) The Town of Timnath delivers to the City a fully executed copy of the
Eighth Amendment to Intergovernmental Agreement (Regarding
Cooperation on Annexation, Growth Management and Related Issues)
that City Council is authorizing in conjunction with approval of the
disconnection of the Property.
Introduced, considered favorably on first reading, and ordered published this 7th day of
September, A.D. 2021, and to be presented for final passage on the 21st day of September, A.D.
2021.
__________________________________
Mayor
ATTEST:
__________________________
Interim City Clerk
Passed and adopted on final reading on the 21st day of September, A.D. 2021.
__________________________________
Mayor
ATTEST:
__________________________
Interim City Clerk
EXHIBIT A
-1-
ORDINANCE NO. 108, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE EIGHTH AMENDMENT TO THE FORT COLLINS-TIMNATH
INTERGOVERNMENTAL AGREEMENT REGARDING COOPERATION ON
ANNEXATION, GROWTH MANAGEMENT, AND RELATED ISSUES
WHEREAS, on February 17, 2009, Timnath and Fort Collins entered into an
intergovernmental agreement relating to annexation, growth management and related issues,
which agreement resolved certain differences that had arisen between the parties regarding a
variety of planning and growth management issues (the "Intergovernmental Agreement"); and
WHEREAS, the parties are situated on opposite sides of Interstate 25 and are both
committed to planned and orderly development; regulating the location and activities of
development which may result in increased demand for services; providing for the orderly
development and extension of urban services; to simplifying governmental structure when
possible; promoting the economic vitality of both municipalities; protecting the environment;
and raising revenue sufficient to meet the needs of their citizens; and
WHEREAS, because of the proximity of the City and the Town, the parties have
agreed to work toward developing a comprehensive development plan for certain areas of
mutual interest and concern within the immediate vicinity of I-25, the purpose of which plan
would be to explore joint financing mechanisms for public improvements and potential
revenue sharing alternatives within such areas; and
WHEREAS, the parties have previously executed First, Second, Third, Fourth, Fifth,
Sixth, and Seventh Amendments to the Intergovernmental Agreement; and
WHEREAS, the Seventh Amendment added Section 4.3 to the Intergovernmental
Agreement under which the City agreed to consider the disconnection of certain Poudre
School District property located northwest of the intersection of East Prospect Road and
Larimer County Road 5; and
WHEREAS, Poudre School District has submitted a disconnection application to the
City for the Poudre School District property described in the Seventh Amendment including
some additional abutting property obtained after the Seventh Amendment (“PSD Property”)
was executed; and
WHEREAS, City Council has approved the disconnection of the PSD Property
conditioned upon Timnath’s annexation of the PSD Property becoming effective upon
disconnection and execution of an Eighth Amendment to the Intergovernmental Agreement
memorializing certain terms related to the disconnection; and
WHEREAS, the City and Timnath now wish to execute the Eighth Amendment to the
Intergovernmental Agreement to complete Timnath’s annexation of the PSD Property despite
its location within the City’s Growth Management Area, to require Timnath’s annexation of
the PSD Property to be effective upon disconnection from the City, to memorialize Timnath’s
-2-
agreement to maintain the disconnected portions of East Prospect Road and Larimer County
Road 5, to provide for revenue sharing should the PSD Property ever be commercially
developed, and to amend the City’s and Timnath’s growth management areas and work
cooperatively to amend the respective Growth Management Areas changed by the
disconnection and annexation with Larimer County; and
WHEREAS, execution of the Eighth Amendment is in the best interests of the citizens
of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Mayor is hereby authorized to enter into an Eighth Amendment to the
Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management and
Related Issues in substantially the form attached hereto as Exhibit "A", with such additional
terms and conditions as the City Manager, in consultation with the City Attorney, determines to
be necessary and appropriate to protect the interests of the City or effectuate the purpose of this
Ordinance.
Introduced, considered favorably on first reading, and ordered published this 7th day of
September, A.D. 2021, and to be presented for final passage on the 21st day of September, A.D.
2021.
__________________________________
Mayor
ATTEST:
__________________________
Interim City Clerk
Passed and adopted on final reading on the 21st day of September, A.D. 2021.
__________________________________
Mayor
ATTEST:
__________________________
Interim City Clerk