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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/15/2022 - SECOND READING OF ORDINANCE NO. 009, 2022, ANNEXIN Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY February 15, 2022 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 009, 2022, Annexing the Property Known as the Timber Lark Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 18, 2022, annexes 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 Res idential 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 Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, Janaury 18, 2022 (w/o attachments) (PDF) 2. Ordinance No. 009, 2022 (PDF) 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 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. Contiguity ATTACHMENT 1 COPY Agenda Item 9 Item # 9 Page 2 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 enclave. 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 Loveland 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) COPY -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