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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/15/2020 - RESOLUTION 2020-115 FINDING SUBSTANTIAL COMPLIANCE Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY December 15, 2020 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Resolution 2020-115 Finding Substantial Compliance and Initiating Annexation Proceedings for the Springer - Fisher Annexation No. 2. EXECUTIVE SUMMARY The purpose of this item is to determine substantial compliance and initiate annexation proceedings for the Springer-Fisher Annexation No. 2. The Applicant has submitted a written petition requesting two sequential annexations. Springer-Fisher Annexation No. 2 is the second of two sequential annexations located northwest of the East Mulberry Street and Greenfields Court intersection. Annexation No. 2 is 5.46 -acres in size and establishes the required 1/6 perimeter boundary contiguity with the extension of the municipal boundary created by the Springer-Fisher Annexation No. 1. The requested zoning for this annexation is General Commercial (C-G) in compliance with the City of Fort Collins Structure Plan and the East Mulberry Corridor Plan and the property would not be included in the Residential Sign District. Notice to parcels abutting platted streets was provided pursuant to §31 -12-105, C.R.S. No project development plan proposal was submitted in conjunction with the ann exation application. This annexation request is in conformance with the Colorado Revised Statute as it relates to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreement Regarding Growth Management. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and zoning ordinances. The proposed zoning of a property to be annexed is not a requirement under § 31-12- 107, C.R.S., and discussion of zoning issues should be reserved for the zoning review that will occur concurrent to the first reading for the annexation. Not less than thirty days of prior notice is required by state law. 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, the City agrees t o consider annexation of property in the GMA when the property is eligible for annexation according to State law. Agenda Item 18 Item # 18 Page 2 The 5.46-acre Springer-Fisher Annexation No. 2 has a total contiguous perimeter (626.67 feet) of 29%, which satisfies the one-sixth (1/6) area required. Contiguity is gained from the municipal boundary created through the Springer-Fisher Annexation No. 1. 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 East Larimer County (ELCO) Water District and wastewater utility service by the Boxelder Sanitation District. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning reque st on December 17, 2020. The Board’s recommendation will be forwarded to City Council as part of the First Reading of the annexation and zoning ordinances on January 19, 2021. PUBLIC OUTREACH There was no public outreach for this initiating Resolution, as this Resolution simply accepts the Annexation Petition and provides a schedule for upcoming Council hearings, with a schedule and notification requirements that comply with State Statutes. A neighborhood meeting was held on August 19, 2020, for the annexation and zoning for the Springer-Fisher property. ATTACHMENTS 1. Annexation Petition (PDF) 2. Annexation Map (PDF) 3. Vicinity Map (PDF) 4. Sequence Map 1 (PDF) 5. Sequence Map 2 (PDF) 6. Structure Plan (PDF) 7. East Mulberry Corridor Plan Map (PDF) 8. Zoning Map (PDF) ATTACHMENT 1 - - - - - - - - - - - - - -H:\Hartford Homes\CO, Fort Collins - HFH000008.01 Springer Fisher\Survey\CADD\Final\HFH08-Spring-Fisher-Annex2-plat.dwg - Armando Nunez - 11/13/2020Init.# Issue / DescriptionDate------Date: Drawn By: Project No: Checked By: 8/25/2020 SPRINGER FISHER ANNEXATION 2 TO THE CITY OF FORT COLLINS, COLORADO PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M. COUNTY OF LARIMER, STATE OF COLORADO SPRINGER FISHERANNEXATION 2PART OF THE WEST HALF OF THE SOUTHWESTQUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE68 WEST OF THE 6TH P.M. COUNTY OF LARIMER, STATE OF COLORADOSHEET 1 OF 1 SCALE: 1"=100' 05010020 FAK AN HFH000008.10 ATTACHMENT 2 FAIRCHILDSTVICOTWAYGREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C E Y PK W Y CONQUEST S T S S U M M I T VI E W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTAL A N S T P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR CO U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R Springer-Fisher Annexation Vicinity Map Printed: November 25, 2020 ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. SITE ATTACHMENT 3 FAIRCHILDSTVICOTWAYGREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C E Y PK W Y CONQUEST S T S S U M M I T VI E W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTAL A N S T P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR CO U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R Springer-Fisher Annexation Area No. 1 Map Printed: November 25, 2020 ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 ATTACHMENT 4 FAIRCHILDSTVICOTWAYGREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C E Y PK W Y CONQUEST S T S S U M M I T VI E W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTAL A N S T P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR CO U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R Springer-Fisher Annexation Area No. 2 Map Printed: November 25, 2020 ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 Annexation Area 2 ATTACHMENT 5 SuburbanMixed UseDistrict SingleFamilyNeighborhood Mixed EmploymentDistrict Parks andNatural/ProtectedLands IndustrialDistrict MixedNeighborhood NeighborhoodMixed UseDistrictFAIRCHILDST GREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYCON Q U E S T S T S S U M M I T VI E W D R COMETST QUINBY STZEPPELIN WAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANT ACRES DR AL A N S T P L E A S A N T A C R E S D R LAKECANAL CT T R A C E Y P KW Y FRONTAGE RD N WEICKER DR C O U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY STE MULBERRY ST FRONTAGE RD S SHERRY DRTIGERCAT WAYSUMMIT CTGREENBRIARDRDELOZIER DRKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R Springer-Fisher Annexation Structure Plan Map Printed: November 25, 2020 Parcels Community Separator Adjacent Planning AreasStructure Plan TYPE Industrial District Mixed Employment District Mixed Neighborhood Neighborhood Mixed Use District Parks and Natural/Protected Lands Rural Neighborhood Single Family Neighborhood Suburban Mixed Use District ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 Annexation Area 2 ATTACHMENT 6 Annexation Area 1 Annexation Area 2 Springer-Fisher Annexation East Mulberry Corridor Plan Map ATTACHMENT 7 FAIRCHILDSTGREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C E Y PK W Y CONQUEST S T S S U M M I T VI E W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTAL A N S T P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR CO U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R URBANESTATEDISTRICT LOW DENSITY MIXED-USENEIGHBORHOOD DISTRICT INDUSTRIALDISTRICT Springer-Fisher Annexation Zoning Map Printed: November 25, 2020 Parcels City ZoningZONE Industrial Low Density Mixed-Use Neighborhood Public Open Lands Urban Estate ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 Annexation Area 2 ATTACHMENT 8 -1- RESOLUTION 2020-115 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE SPRINGER-FISHER ANNEXATION NO. 2 WHEREAS, a written petition, together with four (4) prints of an annexation map, has been filed with the City Clerk requesting the annexation of certain property to be known as the Springer-Fisher Annexation No. 2, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the S pringer- Fisher Annexation No. 2 in accordance with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. 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 accepts the annexation petition for the Springer-Fisher Annexation No. 2, more particularly described as situate in the County of Larimer, State of Colorado, to wit: PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 9, MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “LS 34174, 2015”; THENCE N00°17'21"E, A DISTANCE OF 37.00 FEET ON THE WEST LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9 TO THE NORTH RIGHT OF WAY LINE OF THE COLORADO STATE HIGHWAY NO. 14 AS RECORDED IN THE COLORADO STATE HIGHWAY DEPARTMENT FEDERAL AID PROJECT NO. F 44 (8) STATE HIGHWAY NO. 14 AND THE POINT OF BEGINNING; THENCE N00°17'21"E, A DISTANCE OF 728.91 FEET ON THE WEST LINE OF THAT PARCEL RECORDED AT BOOK 2300, PAGE 1701 IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; THENCE ON THE SOUTHWEST LINE OF THE AFORE REFERENCED BOOK 2300, PAGE 1701 FOR THE FOLLOWING 4 COURSES; 1. THENCE S60°03'09"E, A DISTANCE OF 50.43 FEET; 2. THENCE S43°21'09"E, A DISTANCE OF 356.39 FEET; -2- 3. THENCE S49°41'09"E, A DISTANCE OF 155.67 FEET; 4. THENCE S57°53'09"E, A DISTANCE OF 61.41 FEET TO THE WEST LINE OF A PARCEL RECORDED AT BOOK 1290, PAGE 520 IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; THENCE S00°40'52"W, A DISTANCE OF 317.61 FEET ON SAID WEST LINE TO THE NORTH RIGHT OF WAY LINE OF SAID COLORADO STATE HIGHWAY NO. 14; THENCE N89°12'17"W, A DISTANCE OF 459.01 FEET ON SAID NORTH RIGHT OF WAY LINE TO THE POINT OF BEGINNING. PARCEL CONTAINS 237,828 SQUARE FEET OR 5.460 ACRES. Section 3. That the City Council hereby finds and determines that the annexation petition for the Springer-Fisher Annexation No. 2 is in substantial compliance with the Municipal Annexation Act in that the annexation petition contains the following: (1) An allegation that it is desirable and necessary that such area be annexed to the municipality; (2) An allegation that the requirements of Colorado Revised Statutes sections 31-12- 104 and 31-12-105 exist or have been met; (3) An allegation that the signers of the petition comprise more than fifty percent of the landowners in the area and own more than fifty percent of the area proposed to be annexed, excluding public streets and alleys and any land owned by the annexing municipality; (4) The signatures of such landowners; (5) A request that the annexing municipality approve the annexation of the area proposed to be annexed; (6) The mailing address of each such signer; (7) The legal description of the land owned by such signer; (8) The date of signing of each signature; and (9) The affidavit of the circulator of such petition that each signature therein is the signature of the person whose name it purports to be. Section 4. That the City Council hereby finds and determines that the annexation map, four copies total, accompanying the annexation petition for the Springer-Fisher Annexation -3- No. 2 is in substantial compliance with the Municipal Annexation Act in that the map contains the following: (1) A written legal description of the boundaries of the area proposed to be annexed; (2) A map showing the boundary of the area proposed to be annexed; (3) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (4) Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. Section 5. That the Notice attached hereto as Exhibit “A” is hereby adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of annexation and zoning ordinances pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 15th day of December, A.D. 2020. __________________________________ Mayor ATTEST: ____________________________ City Clerk NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2020-115 initiating annexation proceedings for the Springer-Fisher Annexation No. 2, consisting of approximately 5.46 acres and generally located northwest of the intersection of East Mulberry Street and Greenfields Court, and west of the Front Range Veterinary Clinic , said Annexation being more particularly described in Resolution 2020-115, a copy of which is available from the City Clerk’s Office. That, on January 19, 2021, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the General Commercial (“C-G”) Zone District. 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 (V/TDD: Dial 711 for Relay Colorado) for assistance. Dated this _____ day of December, A.D. 2020. _______________________________ City Clerk EXHIBIT A