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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/18/2022 - ITEMS RELATING TO THE TIMBER LARK ANNEXATION Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY January 18, 2022 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Items Relating to the Timber Lark Annexation. EXECUTIVE SUMMARY A. Resolution 2022-019 Setting Forth Findings of Fact and Determinations Regarding the Timber Lark Annexation. B. Public Hearing and First Reading of Ordinance No. 009, 2022, Annexing the Property Known as the Timber Lark Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex the tract of land known as the Timber Lark Annexation. The Timber Lark Annexation consists of approximately 35.17 acres and establishes the required 1/6 contiguity with existing City limits. The Timber Lark Annexation is located approximately 600 feet northwest of the intersection of South Timberline Road and East Trilby Road and would incorporate the property into Fort Collins’ municipal boundaries, as well as into the Residential Neighborhood Sign District, and Lighting Context Area Map. A related item to zone the annexed property is presented as the next item on this Agenda and the zoning addresses the proposed changes to the Residential Neighborhood Sign District and the Lighting Context Area Map. This annexation request conforms with the State of Colorado Revised Statutes as they relate to annexations, the City Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION History The Applicant has submitted a written petition requesting the annexation. The Timber Lark Annexation totals approximately 35.17 acres, which establishes 1/6 perimeter boundary contiguity with the existing municipal boundaries to the west, north, and east, located approximately 600 feet northwest of the intersection of South Timberline Road and East Trilby Road. The annexation would incorporate the property into Fort Collins’ municipal boundaries, as well as into the Residential Neighborhood Sign District, and into the Lighting Context Area. 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 In tergovernmental 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. Agenda Item 9 Item # 9 Page 2 Contiguity The land within the annexation consists of approximately 35.17 acres, with a total contiguous perimeter of 3,417.55 feet of the total perimeter of 6,360.22 feet (54%), which satisfies the one -sixth (1/6) area required (16%) of its perimeter boundary contiguous with existing City limits to the west, north, and east established by the Union Pacific South (4th Annexation), Keating Annexation No. 2, and the Westchase Annexation No. 1. Enclave Implications Annexing this 35.17-acre tract does not create (nor does it contribute to creating) an e nclave. Previous Council Actions On December 7, 2021, Council unanimously adopted Resolution 2021 -111, to initiate the Timber Lark Annexation, the subject property owned by AADT Land Holdings LLC, and which accepted the annexation petition and determined that the petition 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 Fort Collins L oveland Water District, and wastewater utility service will be provided by the South Fort Collins Sanitation District. BOARD / COMMISSION RECOMMENDATION At its December 16, 2021, meeting, the Planning and Zoning Commission voted 5 -0 to recommend approval of the annexation and recommend that the property be placed in the Low Density Mixed -Use Neighborhood (L-M-N) district, and that the property be included in the Residential Neighborhood Sign District, and the LC1 Lighting Context Area. Since the item remained on the Planning and Zoning Commission’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 23, 2021, for the proposed annexation and zoning. ATTACHMENTS 1. Vicinity Map (PDF) 2. Petition (PDF) 3. Annexation Map (PDF) 4. Impact Report (PDF) 5. Powerpoint Presentation (PDF) BACONELEMENTARY GODDARDSCHOOL E Trilby Rd S Timberline RdS County Road 11FUTURE FOSSILLAKE PARKSOUTHRIDGEGOLFCOURSESOUTHRIDGEGOLF COURSE Timber Lark AnnexationVicinity Map Printed: December 06, 2021 © Timber LarkAnnexation Area ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT “A” LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the SE ¼ of Section 7, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the East line of the said SE ¼ as bearing North and South and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears N 624.80 feet, and again West 473.48 feet from the SE corner of said Section 7 and run thence West 2059.56 feet to a point on the East line of the Union Pacific Railroad; thence along said East line N 0°25’ W 695.01 feet; thence East 2538.16 feet to a point on the East line of the said SE ¼; thence S 235.00 feet along the said East line; thence West 473.48 feet; thence South 460.00 feet to the Point of Beginning, County of Larimer, State of Colorado EXCEPT that portion dedicated as a public highway in Deed of Dedication recorded May 27, 1981 in Book 2117 at Page 226, Larimer County records. ATTACHMENT “D” TIMBER LARK RESIDENTIAL ANNEXATION NARRATIVE 4(g) A statement as to why it is necessary and desirable for the City of Fort Collins to annex the area. The property is located approximately 600 feet northwest of the Timberline Road and Trilby Road intersection. The property is adjacent to the Linden Park subdivision to the north, the Union Pacific Railway to the west, large estate lots to the south, and Timberline Road and another large estate lot to the east. The entire north and west boundaries of the property, as well as the portion of the east property boundary that is adjacent to Timberline Road, are contiguous with the boundaries of the City of Fort Collins. The owner of the property described in the Timber Lark Residential Annexation requests to be annexed into the City of Fort Collins in order to develop their property. The historical use of the property has been rural and undeveloped, but now that other recent developments have occurred in the vicinity, the owner recognizes that the development of this property, consistent with Low Density Residential is the best use of the land. The property is located within the City’s Growth Management Area (GMA) and therefore, is subject to the Intergovernmental Agreement (IGA) between the City of Fort Collins and Larimer County. The IGA requires that before urban development of the property can occur it must be annexed into the City. The boundary of the GMA, together with the IGA, verifies that the City and County agree that the property should be annexed prior to development. The applicant agrees that this is both appropriate and desirable. 4(h) A description of the zoning classification being requested and any condition requested for that zone district classification. The Applicant is requesting a zone district classification of Low-Density Mixed Use (LMN), in accordance with the Structure Plan. There are no conditions requested at this time. 4(i) A statement of consistency of the requested zoning to the Structure Plan. The Structure Plan identifies the Timber Lark property as a Mixed Neighborhood place type. Characteristics of a Mixed Neighborhood includes a variety of housing types such as single-family detached homes, duplexes, triplexes, and townhomes with a density between five and 20 dwelling units per acre. The supported housing types and density proposed in the Structure Plan is indicative of a Low Density Mixed-Use (LMN) zoning designation, where the purpose statement suggests that the main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices, that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by the pattern of streets, blocks, and other linkages. The LMN district requires a minimum average density of three (3) dwelling units per net acre for properties over 20 acres and a maximum density of nine (9) dwelling units per gross acre, which is consistent with the requirements of the Structure Plan. (R) WEST 473.48'(M) N89°55'35"W 473.60'S. TIMBERLINE ROAD(PUBLIC ROW VARIES)FND #4 REBARNO CAPFND #4 REBARW/OPC, ILLEGIBLEBEARS N00°03'41"E, 0.73'FROM PROPERTY LINE(NOT ACCEPTED,DISTURBED)FND #4 REBARNO CAPFND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARW/YPC, LS 31169FND #4 REBARNO CAPFND NAIL & BRASSTAG, LS 28286FND NAIL & BRASSTAG, W.C.FND #4 REBARNO CAPFND #4 REBARNO CAPFND #4 REBARNO CAPFND #4 REBARW/OPC, LS 25372BEARS N00°03'41"E, 1.15'FROM PROPERTY LINE(NOT ACCEPTED,DISTURBED)FND #4 REBARW/OPC, LS 25372BEARS N00°03'41"E, 1.47'FROM PROPERTY LINE(NOT ACCEPTED,DISTURBED)SOUTHEAST CORNER SECTION 7-T6N-R68W314" ALUMINUM CAPIN MONUMENT BOXPLS 16847EAST 1/4 CORNERSECTION 7-T6N-R68W314" ALUMINUM CAPON #6 REBAR, LS 34995ANNEXATION AREA1,532,128 sq. ft.35.173 ac.(R) N00°25'W 695.01'(M) N00°16'28"W 695.56'(R) EAST 2488.16'(M) S89°54'13"E 2487.85'(M) S00°10'54"W 234.15'(R) SOUTH 235.00'(M) N89°55'33"W 423.01'(R) WEST 423.48'(M) S00°08'03"W 459.97'(R) SOUTH 460.00'(M) N89°56'19"W 2059.68'(R) WEST 2059.56'UNION PACIFIC SOUTH4TH ANNEXATIONKEATING ANNEXATION NO. 2WESTCHASE ANNEXATION NO. 1(REC. NO. 2002000261)S89°53'53"E50.00' (TIE)S89°53'53"E50.33' (TIE)N00°06'07"E 2615.81'UNINCORPORATEDUNINCORPORATED1296.42'234.15'UPRR 300' ROWFND #4 REBARW/OPC, ILLEGIBLE(TRACT B OF EXEMPTION PLATRECORDED IN BOOK 2113, PAGE 1682)459.94'(R) NORTH 624.80'(M) N00°06'07"E 625.29'POINT OF BEGINNINGROW DEDICATEDBOOK 2117, PAGE 226NOTICE: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.EHTRONRNFORT COLLINS: 301 North Howes Street, Suite 100, 80521GREELEY: 820 8th Street, 80631970.221.4158northernengineering.comNORTHTO THE CITY OF FORT COLLINSA TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADOTIMBER LARK ANNEXATION1SURVEYOR'S STATEMENTI, Robert C. Tessely, a Colorado Registered Professional Land Surveyor do hereby state that this map of land proposed to beAnnexed to the City of Fort Collins, County of Larimer, State of Colorado was prepared under my direct supervision from existingdocuments of record, and that the same is true and correct to the best of my knowledge, information and belief.I further state that not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous to the boundary line ofthe City of Fort Collins, County of Larimer, State of ColoradoRobert C. TesselyColorado Registered ProfessionalLand Surveyor No. 38470For and on behalf of Northern Engineering Services, Inc.DESCRIPTION:A tract of land situate in the SE ¼ of Section 7, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which consideringthe East line of the said SE ¼ as bearing North and South and with all bearings contained herein relative thereto is contained within the boundarylines which begin at a point which bears N 624.80 feet, and again West 473.48 feet from the SE corner of said Section 7 and run thence West2059.56 feet to a point on the East line of the Union Pacific Railroad; thence along said East line N 0°25’ W 695.01 feet; thence East 2538.16 feetto a point on the East line of the said SE ¼; thence S 235.00 feet along the said East line; thence West 473.48 feet; thence South 460.00 feet to thePoint of Beginning, County of Larimer, State of ColoradoEXCEPT that portion dedicated as a public highway in Deed of Dedication recorded May 27, 1981 in Book 2117 at Page 226, Larimer Countyrecords.The above described tract of land contains 1,532,128 square feet or 35.173 acres, more or less, and is subject to all easements and rights-of-waynow on record or existing.ANNEXATION:Total Perimeter ................................................ 6360.22 feetContiguous Boundary ...................................... 3417.55 feetMinimum Contiguous Feet Required .............. 1060.04 feetINDICATES CURRENT CITY OF FORT COLLINS BOUNDARY LINE =APPROVED:This plat to be known as TIMBER LARK ANNEXATION 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) This plat and description show the boundary of the area to be annexed to the City of Fort Collins. the plat anddescription were prepared using existing Annexation Maps, Deeds and the City of Fort Collins section corner database.The section corner database is based upon the City of Fort Collins coordinate base. The existing bearings and distances asshown on the previously recorded Annexation Plats and Deeds have been changed to facilitate closure with the current citysection corner database.2)The Basis of Bearings is the East line of the Southeast Quarter of Section 7, Township 6 North, Range 68 West of the6th P.M. as bearing North 00°06'07" East, and monumented as shown on drawing.3) The lineal unit of measure for this survey is U.S. Survey Feet.11-3-21VICINITY MAPNORTHS. TIMBERLINE RD.E. TRILBY RD.SITEBOUNDARY LINEPROPERTY LINEFOUND PROPERTY CORNERAS DESCRIBEDSECTION LINEFOUND SECTION CORNERAS DESCRIBEDRIGHT-OF-WAY LINEMEASURED BEARING/DISTANCE(M)RECORDED BEARING/DISTANCE(R)S:\Survey Jobs\698-004\Dwg\Annexation\698-004 ANNEXATION.dwg, 11/3/2021 9:31:50 AM, 1:1ATTACHMENT 3 Planning, Development, and Neighborhood Services Planning Services 281 North College Ave. PO Box 580 Fort Collins, CO 80522 970.221.6750 970.224.6134 - fax fcgov.com/currentplanning ANNEXATION IMPACT REPORT NAME OF ANNEXATION: Timber Lark Annexation and Zoning DATE OF REVIEW BY THE FORT COLLINS CITY COUNCIL: January 18, 2021 (1st reading) The purpose of this report is to satisfy the requirements of CRS 31-12-108.5 which indicates a municipality shall prepare an annexation impact report and file a copy of the report with the Board of County Commissioners governing the area proposed to the annexed. Attached to this report are the following: (a)A map showing the present and proposed boundaries of the City of Fort Collins in the vicinity of the above referenced annexation. The proposed boundaries of the City of Fort Collins are depicted by the Urban Growth Area Boundary as agreed to by the Larimer County Board of Commissioners and the Council of the City of Fort Collins and contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. (b)Maps showing present streets, major water trunk lines, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets in the vicinity of the above referenced annexation. (See, Fort Collins Urban Growth Area Master Street Plan for present and proposed extension of streets; Water Master Plan 1986 for present and proposed extension of water utility lines; Sewer Master Plan 1986 for present and proposed extension of sewer utility lines; and other utility lines and ditches). This is a voluntary annexation and zoning of an area approximately 35.17 acres located within the Growth Management Area. The property is located west of South Timberline Road and approximately 1,000 feet north of East Trilby Road (Parcel #860740003). The minimum one sixth contiguity with the existing municipal boundary is gained along the western, northern, and eastern boundaries. The proposed zoning is Low Density Mixed-Use Neighborhood (L-M-N) Zone District, which is in conformance with Fossil Creek Reservoir Area Plan and the City Structure Plan future land use maps. The annexation meets CRS 31-12- 104 in that not less than one-sixth of the perimeter of the area to be annexed is contiguous with the City of Fort Collins. The property is owned by AADT Land Holdings LLC. ATTACHMENT 4 The following districts presently provide service with the above referenced annexation: SCHOOL DISTRICTS Poudre School District FIRE DISTRICT Poudre Fire Authority HOSPITAL DISTRICT Poudre Valley Hospital District PEST CONTROL DISTRICT Larimer County Pest Control SANITATION DISTRICT South Fort Collins Sanitation District WATER DISTRICT Fort Collins/Loveland Water District CONSERVANCY DISTRICT Northern Colorado Water Conservancy District NATURAL GAS Xcel Energy ELECTRIC POWER City of Fort Collins Light & Power Utility The City Clerk must notify, via certified mail, those districts providing service in the area to be annexed (as per above list), no later than 25 days before the Public Hearing on the annexation. BACONELEMENTARY GODDARDSCHOOL E Trilby Rd S Timberline RdS County Road 11FUTURE FOSSILLAKE PARKSOUTHRIDGEGOLFCOURSESOUTHRIDGEGOLF COURSE Timber Lark AnnexationVicinity Map Printed: December 06, 2021 © Timber Lark Annexation Area GODDARDSCHOOL S County Road 11S Timberline RdE Trilby Rd SOUTHRIDGEGOLF COURSESOUTHRIDGEGOLF COURSE Timber Lark AnnexationAnnexation Area Printed: December 06, 2021 © Growth Management Area Boundary City Limits Annexation Area BACONELEMENTARY GODDARDSCHOOL S County Road 11S LemayAveE Trilby Rd FUTURE FOSSILLAKE PARK SOUTHRIDGEGOLFCOURSE SOUTHRIDGEGOLF COURSE FOSSIL CREEKCOMMUNITYPARK FUTUREBACONPARK Neighborhood Mixed Use District Single Family Neighborhood Parks and Natural/Protected Lands Rural Neighborhood Mixed Neighborhood Timber Lark AnnexationStructure Plan Printed: December 06, 2021 © Growth Management Area Boundary City LimitsStructure Plan TYPE Mixed Neighborhood Neighborhood Mixed Use District Parks and Natural/Protected Lands Rural Neighborhood Single Family Neighborhood Timber Lark Annexation Area BACONELEMENTARY GODDARDSCHOOL S County Road 11SLemay Ave E Trilby Rd S Timberline RdFUTUREFOSSILLAKE PARK SOUTHRIDGEGOLF COURSESOUTHRIDGEGOLF COURSE FOSSIL CREEKCOMMUNITYPARK FUTUREBACON PARK UE RL RL POL MMN LMN POL UE POL UE UE MMN LMN NC Timber Lark AnnexationZoning Map Printed: December 06, 2021 © Growth Management Area Boundary City Limits Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Neighborhood Commercial (NC) Public Open Lands (POL) Low Density Residential (RL) Urban Estate (UE) Timber Lark Annexation Area BACONELEMENTARY GODDARDSCHOOL S County Road 11SLemay Ave E Trilby Rd S Timberline RdFUTUREFOSSILLAKE PARK SOUTHRIDGEGOLFCOURSE SOUTHRIDGEGOLF COURSE FOSSIL CREEKCOMMUNITYPARK FUTUREBACON PARK Timber Lark AnnexationMaster Street Plan Printed: December 06, 2021 © Master Street Plan Lines DESCRIPTION Collector 2 Lanes Arterial 2 Lanes Arterial 4 Lanes Ditches, Canals & Waterways Growth Management Area Boundary City Limits Timber Lark Annexation Area MailCreek DitchFossilC reek BACONELEMENTARY GODDARDSCHOOL S County Road 11SLemay Ave E Trilby Rd S Timberline RdFUTUREFOSSILLAKE PARK SOUTHRIDGEGOLFCOURSE SOUTHRIDGEGOLFCOURSEFOSSIL CREEKCOMMUNITYPARK FUTUREBACON PARK Timber Lark AnnexationElectric Service Area Printed: December 06, 2021 © Growth Management Area Boundary City Limits Electric Service Area Poudre Valley REA Timber Lark Annexation Area MailCreek DitchFossilC reek FOSSIL CREEK BASIN McCLELLANDS BASIN BACONELEMENTARY GODDARDSCHOOL S County Road 11SLemay Ave E Trilby Rd S Timberline RdFUTUREFOSSILLAKE PARK SOUTHRIDGEGOLFCOURSE SOUTHRIDGEGOLFCOURSEFOSSIL CREEKCOMMUNITYPARK FUTUREBACON PARK Timber Lark AnnexationStormwater Basins Printed: December 06, 2021 © Growth Management Area Boundary City Limits FOSSIL CREEK BASIN McCLELLANDS BASIN Timber Lark Annexation Area MailCreek DitchFossilC reek BACONELEMENTARY GODDARDSCHOOL S County Road 11SLemay Ave E Trilby Rd S Timberline RdFUTUREFOSSILLAKE PARK SOUTHRIDGEGOLFCOURSE SOUTHRIDGEGOLFCOURSEFOSSIL CREEKCOMMUNITYPARK FUTUREBACON PARK Timber Lark AnnexationSewer District Area Printed: December 06, 2021 © Growth Management Area Boundary City Limits City of Fort Collins Sewer District South Fort Collins Sanitation District Timber Lark Annexation Area MailCreek DitchFossilC reek BACONELEMENTARY GODDARDSCHOOL S County Road 11SLemay Ave E Trilby Rd S Timberline RdFUTUREFOSSILLAKE PARK SOUTHRIDGEGOLFCOURSE SOUTHRIDGEGOLFCOURSEFOSSIL CREEKCOMMUNITYPARK FUTUREBACON PARK Timber Lark AnnexationWater District Area Printed: December 06, 2021 © Growth Management Area Boundary City Limits Fort Collins Loveland Water District Timber Lark Annexation Area MailCreek DitchFossilC reek BACONELEMENTARY GODDARDSCHOOL S County Road 11SLemay Ave E Trilby Rd S Timberline RdFUTUREFOSSILLAKE PARK SOUTHRIDGEGOLFCOURSE SOUTHRIDGEGOLFCOURSEFOSSIL CREEKCOMMUNITYPARK FUTUREBACON PARK Timber Lark AnnexationDitches, Canals & Waterways Printed: December 06, 2021 © Ditches, Canals & Waterways Growth Management Area Boundary City Limits Timber Lark Annexation Area City Council Hearing - 1/18/2022Timber Lark Annexation and Zoning Pete Wray, Senior City PlannerATTACHMENT 5 2SPRINGER-FISHER ANNEXATION NO. 1 AND 2:ƒRequest for voluntary annexation/zoning for the Timber Lark parcel #8607400003, to include a total of 35.17-acresƒAnnexation is contiguous to municipal boundariesƒProposed zoning –Low Density Mixed-Use Neighborhood (L-M-N), consistent with Structure Plan and Fossil Creek Reservoir Area Plan land use mapsƒCity Council Initiating Resolution Hearing (12/7/21)ƒPlanning and Zoning Commission Hearing (12/16/21) – voted (5–0) on consent for recommendation of approvalTIMBER LARK ANNEXATION Site Area3 4Site ContextSiteSite 5I-25Structure Plan –Mixed Neighborhood Land Use Designation 6I-25Timber Lark Annexation and ZoningFossil Creek Reservoir Area Plan Low Density Mixed-Use Neighborhoods Land Use Designation (LMN) 7I-25Existing Zoning 8I-25AnnexationMap -1- RESOLUTION 2022-019 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE TIMBER LARK ANNEXATION WHEREAS, pursuant to Resolution 2021-111, annexation proceedings were initiated by the City Council for property to be known as the Timber Lark Annexation (the “Property”); and WHEREAS, following notice given as required by law, the City Council held a hearing on said annexation January 18, 2022. 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. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 18th day of January, A.D. 2022. _________________________________ Mayor ATTEST: ___________________________ City Clerk -1- ORDINANCE NO. 009, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE TIMBER LARK ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, on December 7, 2021, City Council adopted Resolution 2021-111 (initiating) finding substantial compliance and initiating annexation proceedings for the Timber Lark Annexation, as defined therein and described below; and WHEREAS, Resolution 2022-019 setting forth findings of fact and determinations regarding the Timber Lark 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 Timber Lark 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 2021-111 and Resolution 2022-019 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 situate in the SE ¼ of Section 7, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the East line of the said SE ¼ as bearing North and South and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears N 624.80 feet, and again West 473.48 feet from the SE corner of said Section 7 and run thence West 2059.56 feet to a point on the East line of the Union Pacific Railroad; thence along said East line N 0°25’ W 695.01 feet; thence East 2538.16 feet to a point on the East line of the said SE ¼; thence S 235.00 feet along the said East line; thence West 473.48 feet; thence South 460.00 feet to the Point of Beginning, County of Larimer, State of Colorado EXCEPT that portion dedicated as a public highway in Deed of Dedication recorded May 27, 1981 in Book 2117 at Page 226, Larimer County records. The above-described tract of land contains 1,532,128 square feet or 35.173 acres, more or less. -2- is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Timber Lark 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. 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 18th day of January, A.D. 2022, and to be presented for final passage on the 15th day of February, A.D. 2022. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 15th day of February, A.D. 2022. __________________________________ Mayor ATTEST: __________________________ City Clerk