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COUNCIL - AGENDA ITEM - 03/15/2016 - ITEMS RELATING TO THE MAVERIK FIRST ANNEXATION
Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY March 15, 2016 City Council STAFF Ted Shepard, Chief Planner SUBJECT Items Relating to the Maverik First Annexation. EXECUTIVE SUMMARY A. Resolution 2016-024 Setting Forth Findings of Fact and Determinations Regarding the Maverik First Annexation. B. Public Hearing and First Reading of Ordinance No. 036, 2016, Annexing the Property Known as the Maverik First Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 1.26 acres located at 4333 East Mulberry Street at the southeast quadrant of I-25 and State Highway 14. The parcel is a portion of the America’s Best Value and Inn and Suites hotel. The Initiating Resolution was adopted on February 9, 2016. The property is located within the I-25 Corridor Plan. A related item to zone the annexed property is presented as the next item on this Agenda. 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 Ordinance on First Reading and the Resolution. BACKGROUND / DISCUSSION Contiguity The subject property gains the required one-sixth contiguity to existing City limits from a common boundary on three sides with the Interchange Business Park which was annexed in 2005. As a result, there is 36% of the total perimeter contiguous to the existing municipal boundary which exceeds the required minimum (16.66%). Enclave Implications Annexing this 1.26 acre parcel does not create (nor does it contribute to creating) an enclave. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. BOARD / COMMISSION RECOMMENDATION At its January 14, 2016, regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of the annexation. Further, the Board recommended that parcel be placed into the C-G, General Commercial Agenda Item 11 Item # 11 Page 2 zone district. This unanimous action was taken as part of the Board’s consent agenda; therefore, there are no minutes. PUBLIC OUTREACH Given the surrounding context of the Interchange Business Park, and the relatively small size of the parcel, there was no neighborhood meeting for this annexation and zoning. Please note, however, that all required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Annexation narrative (PDF) 5. Annexation Petition (PDF) Site - Maverik First Annexation S Summit View Dr E Mulberry St N County Road 5 E Vine Dr E Prospect Rd Interstate 25 E County Road 48 S County Road 5 !"`$ ATTACHMENT 1 Major Street Names Annexation City Limits Growth Management Area Maverik First Annexation ± Vicinity Map 1 inch = 1,257 feet Site - Maverik First Annexation E Vine Dr E Mulberry St S Su m mit View Dr Interstate 25 E Prospect Rd N County Road 5 E County Road 48 S County Road 5 !"`$ Maverik First Annexation Structure Plan Boundaries Fort Collins GMA Adjacent Planning Areas City Limits County Boundary Districts General Commercial District Neighborhood Commercial District Employment District Industrial District Neighborhoods Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Corridors Open Lands, Parks and Water Corridors Poudre River Corridor Enhanced Travel Corridor (Transit) © 1 in = 0.3 miles ATTACHMENT 2 Site - Maverik First Annexation CG - Zoning E Mulberry St I n terstate 25 !"`$ I UE CG E LMN Railroad Lines Growth Management Area City Zoning General Commercial Employment Industrial Low Density Mixed-Use Neighborhood (LMN) Urban Estate (UE) ATTACHMENT 3 Maverik First Annexation ± Zoning 1 inch = 1,000 feet ATTACHMENT 4 ATTACHMENT 5 -1- RESOLUTION 2016-024 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE MAVERIK FIRST ANNEXATION WHEREAS, per Resolution 2016-015, annexation proceedings were heretofore initiated by the City Council for property to be known as the Maverik Annexation (the “Property”); and WHEREAS, following notice given as required by law, the City Council has held a hearing on said annexation. 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, Section 31-12-101, et seq., Colorado Revised Statutes. 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 and 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 said Act have been met, that an election is not required under said 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 said Act. Section 6. That the City Council concludes that the Property is eligible for annexation to the City and should be so annexed. -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of March, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk -1- ORDINANCE NO. 036, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE MAVERIK FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2016-015, finding substantial compliance and initiating annexation proceedings for the Maverik First Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, Resolution 2016-024 setting forth findings of fact and determinations regarding the Maverik First Annexation is being 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 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 2016-015 and Resolution 2016-024 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the following described property (the “Property”), to wit: A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF SECTION 15, NORTH 89°15'00” EAST, A DISTANCE OF 1084.26 FEET; THENCE SOUTH 0°45'00” WEST, A DISTANCE OF 208.55 FEET TO THE NORTH BOUNDARY OF INTERCHANGE BUSINESS PARK SUBDIVISION AS RECORDED IN RECEPTION NUMBER 2001007054, PUBLIC RECORDS OF COUNTY OF LARIMER, STATE OF COLORADO AND THE NORTHEAST CORNER OF LOT 17 OR SAID INTERCHANGE BUSINESS PARK; THENCE SOUTH 82°18'06” WEST, A DISTANCE OF 170.83 FEET ALONG THE NORTH BOUNDARY OF SAID INTERCHANGE BUSINESS PARK AND THE NORTH BOUNDARY OF SAID LOT 17 TO THE NORTHWEST CORNER OF SAID LOT 17 AND THE POINT OF BEGINNING; -2- THENCE SOUTH 35°29'11” EAST, A DISTANCE OF 274.66 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF SOUTHEAST FRONTAGE ROAD SAID POINT ALSO BEING THE BEGINNING OF A NONTANGENT CURVE; THENCE 113.59 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 260.00 FEET, THROUGH A CENTRAL ANGLE OF 25°01'50”, HAVING A CHORD WHICH BEARS SOUTH 30°43'25” WEST, A DISTANCE OF 112.68 FEET; THENCE NORTH 35°26’29” WEST, A DISTANCE OF 141.57 FEET; THENCE SOUTH 54°19’21” WEST, A DISTANCE OF 83.26 FEET; THENCE NORTH 35°31’08” WEST, A DISTANCE OF 271.26 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF COLORADO STATE HIGHWAY 14, ALSO KNOWN AS EAST MULBERRY STREET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: THENCE NORTH 66°38'30” EAST, A DISTANCE OF 19.01 FEET; THENCE NORTH 82°18'06” EAST, A DISTANCE OF 189.70 FEET TO THE POINT OF BEGINNING. CONTAINING 55,087 SQUARE FEET, OR 1.265 ACRES (MORE OR LESS). is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Maverik First Annexation, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., 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 Section 37-45-136(3.6), C.R.S, 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 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk -3- Passed and adopted on final reading on the 5th day of April, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk