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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/20/2015 - RESOLUTION 2015-088 STATING THE INTENT OF THE CITYAgenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY October 20, 2015 City Council STAFF Clay Frickey, Associate Planner SUBJECT Resolution 2015-088 Stating the Intent of the City of Fort Collins to Annex Certain Property and Initiating Enclave Annexation Proceedings for Such Property to be Known as the Wood Street Second Annexation. EXECUTIVE SUMMARY The purpose of this item is to initiate the annexation process for the Wood Street Second Annexation. This is a City-initiated request to annex a 16.267 acre parcel at 832 Wood Street, owned by Jeffrey Lebesch, into the City of Fort Collins. The parcel became an enclave with the annexation of the Pateros Creek subdivision on September 18, 2012. As of September 18, 2015, the City is authorized to initiate and annex the enclave in accordance with State Statute 31-12-106. 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. BACKGROUND / DISCUSSION The Wood Street Second Annexation abuts the City of Fort Collins Utilities building to the north. The requested zoning for this annexation is the Urban Estate (U-E) zone district, which is in compliance with the City of Fort Collins Structure Plan and the Northwest Subarea Plan. The surrounding properties are existing residential, office, park, and light industrial land uses in the City of Fort Collins. The proposed Resolution makes a finding that the property at issue has been completely contained within the boundaries of the City of Fort Collins for not less than three years, initiates annexation proceedings and directs that notice be given of the hearing by the City Clerk. The hearing will be held at the time of First Reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required by state law. This is an enclave annexation for a property located within the Growth Management Area (GMA). According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to state law. Wood Street Second Annexation was put into an enclave upon the annexation of the Pateros Creek subdivision on September 18, 2012. Per State Statute 31-12-106, municipalities may initiate an annexation proceeding for unincorporated areas that are contained entirely within the boundary of the municipality if said area has been so surrounded for three years. As of September 18, 2015, the City of Fort Collins is authorized to initiate and annex the parcel located at 832 Wood Street. Agenda Item 17 Item # 17 Page 2 BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request on October 29, 2015. The Board’s recommendation will be forwarded to City Council as part of the First Reading of the annexation and zoning ordinances on December 1, 2015. 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. ATTACHMENTS 1. Vicinity Map (PDF) 2. Current Zoning Map (PDF) 3. Structure Plan Map (PDF) 4. Proposed Zoning (PDF) 5. Powerpoint presentation (PDF) ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 NSherwood S t N Whitcomb St Elm St N Loomis Ave Park St Harts Gardens Ln W V ine Dr Elm Ct Elm S t N Grant Ave W o o d St Griffin Pl Park St Hemlock St Peregoy F arms Way Sunfish Pond McMurry Pond Cache la Poudre River LMN CS CL UE LMN NCM RC E POL POL POL Lee Martinez Community Park Wood Street Second Annexation © Proposed Zoning 1 inch = 333 feet Site UE ATTACHMENT 4 Wood Street Second Annexation Initiating Resolution 10-20-15 Clay Frickey ATTACHMENT 5 Overview • Involuntary annexation • Enclave created in September 2012 • City initiating annex for energy project • Use cool air from lake bottom for climate control at Utilities building • Proposed zoning is Urban Estate (U-E) 2 Context • Owner - Jeffrey Lebesch • Annexation = 16.267 acres 3 Structure Plan • Structure plan calls for Open Lands, Parks, and Water Corridors 4 Proposed Zoning Northwest Subarea Plan proposes Urban Estate (U-E) zoning 5 - 1 - RESOLUTION 2015-088 OF THE COUNCIL OF THE CITY OF FORT COLLINS STATING THE INTENT OF THE CITY OF FORT COLLINS TO ANNEX CERTAIN PROPERTY AND INITIATING ENCLAVE ANNEXATION PROCEEDINGS FOR SUCH PROPERTY TO BE KNOWN AS THE WOOD STREET SECOND ANNEXATION WHEREAS, the property hereinafter described has, for a period of not less than three (3) years prior to this date, been completely contained within the boundaries of the City of Fort Collins; and WHEREAS, the Council desires to initiate annexation proceedings in accordance with law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That, the Council of the City of Fort Collins intends to annex the following described property, to be known as the Wood Street Second Annexation, situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 2, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 2 TO BEAR N89°14'45"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 13155, AND ON ITS WEST END BY A 3" ALUMINUM CAP STAMPED LS 20123, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 2, N00°40'54"E, A DISTANCE OF 342.30 FEET TO THE NORTHEAST CORNER OF THE SERVICE CENTER ANNEXATION TO THE CITY OF FORT COLLINS, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF SAID SERVICE CENTER ANNEXATION THE FOLLOWING TWO (2) COURSES: 1. N85°40'18"W, A DISTANCE OF 953.72 FEET; 2. N65°32'18"W, A DISTANCE OF 86.02 FEET TO THE SOUTHEAST CORNER OF THE DUFFY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE EAST AND NORTH LINES OF SAID DUFFY ANNEXATION THE FOLLOWING TWO (2) COURSES: 1. N00°46'42"E, A DISTANCE OF 227.38 FEET; - 2 - 2. N89°13'18"W, A DISTANCE OF 242.84 FEET TO A POINT ON THE EAST LINE OF THE SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID EAST LINE, N00°46'42"E, A DISTANCE OF 322.95 FEET TO A POINT ON THE SOUTH LINE OF THE WOOD STREET ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID SOUTH LINE, S89°17'17"E, A DISTANCE OF 1,272.42 FEET TO A POINT ON THE WEST LINE OF THE PLAT OF THE TOWN OF FORT COLLINS, ALSO BEING THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE ALONG SAID WEST LINE, S00°40'54"W, A DISTANCE OF 645.41 FEET TO THE POINT OF BEGINNING. CONTAINING 708,577 SQUARE FEET (16.267 ACRES), MORE OR LESS Section 2. That the Council hereby initiates annexation proceedings for the above- described property. Section 3. That the Notice attached hereto be adopted as a part of this Resolution. Said Notice establishes the date, time and place when a hearing will be held regarding the passage of an annexation ordinance pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in Section 31-12-108(2), C.R.S. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of October, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a Resolution initiating annexation proceedings for the Wood Street Second Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. This is an enclave annexation. That, on December 1, 2015, 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 and zoning 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 as an enclave 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. It is proposed that the Property included in the Annexation be placed in the Urban Estate (“U-E”) 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 (TDD 224-6001) for assistance. Dated this _____ day of _______________, A.D. 2015. _______________________________ City Clerk EXHIBIT A