HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/05/2016 - RESOLUTION 2016-032 FINDING SUBSTANTIAL COMPLIANCEAgenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY April 5, 2016
City Council
STAFF
Clark Mapes, City Planner
SUBJECT
Resolution 2016-032 Finding Substantial Compliance and Initiating Annexation Proceedings for the East
Prospect at Boxelder Creek Annexation.
EXECUTIVE SUMMARY
The purpose of this item is to initiate annexation proceedings for a segment of East Prospect Road right-of-
way, located east of Summitview Drive and west of the Interstate 25 frontage road. The segment consists of
two sections of property for which the City accepted deeds of dedication of right-of-way on March 15, 2016,
and two sections of Larimer County right-of-way that are located in the current alignment of East Prospect
Road. The segment is 1,084 feet in length and totals 1.76 acres. The two owners of the property the City
recently accepted as right-of-way, the Glanzs and K&M Company LLLP, have signed the annexation petition.
Larimer County staff has stated that the County is amenable to the annexation of this County right-of-way. The
annexation is related to a City utility and street project to construct improvements at the crossing over Boxelder
Creek by East Prospect Road. Proposed zoning is a combination of U-E, Urban Estate, and E, Employment
consistent with the City Structure Plan.
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 for the First Reading of the annexation and zoning ordinances, which is
scheduled for May 17, 2016.
The property is located within the Fort Collins Growth Management Area and is eligible for annexation.
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 to consider
annexation of property in the GMA when the property is eligible according to State law.
The subject property gains the required one-sixth (16.66%) contiguity to existing city limits from several
abutting properties. 42% of the total perimeter is contiguous to the existing municipal boundary, which
exceeds the required minimum.
The property to be annexed is comprised of one section of property to the south of the current East Prospect
Road alignment, one section of property to the north of the current East Prospect Road alignment, and two
sections of Larimer County right-of-way located in the current East Prospect Road alignment. K & M Company
LLLP (K & M) owns the property to the south of the current East Prospect Road alignment and the Glanzs own
the property to the north. The City accepted right-of-way dedications for the K & M and Glanz properties on
March 15, 2016. The K & M and Glanz properties total .975 acres and the owners have signed the annexation
Agenda Item 18
Item # 18 Page 2
petition. The Larimer County right-of-way totals .786 acres. Larimer County staff has stated that the County is
amenable to the annexation of this County right-of-way but the County’s policy is to not sign annexation
petitions. The annexation of the 1.76 acre parcel creates two small enclaves, one of 15.4 acres and the other
of 1.8 acres. These enclaves contain undeveloped property, with the exception of one single family house.
This annexation request is in conformance with Section 30, Article II of the Colorado State Constitution, 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.
CITY FINANCIAL IMPACTS
There are no City financial impacts associated with this request because no developed property is involved
requiring City services; and this annexation of right-of-way only fills two small gaps in existing city limits along
East Prospect Road, with no new costs due to the annexation.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its
regular monthly meeting on April 7, 2016, and will make its recommendation at that time. The Board's
recommendation will be forwarded to the City Council in time for First Reading of the annexation and zoning
ordinances on May 17, 2016.
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 that complies with state statutes.
ATTACHMENTS
1. Vicinity map (PDF)
2. Structure Plan map (PDF)
3. Proposed zoning (PDF)
4. Annexation petition (PDF)
Lake Canal
Boxelder Creek
Cache la Poudre Res Inlet
Boxelder Creek
East Prospect at Boxelder
Creek Annexation
Legendfeet 1 inch = 500 ±
City Limits - Area
City Limits - Outline
Annexation Area
E Prospect Rd
Greenbriar Dr
Interstate 25
S Summitview Dr
Annexation
Area
ATTACHMENT 1
Boxelder Creek
Lake Canal
Legend
City Limits - Area
Fort Collins GMA
Planning Area
Downtown District
Community Commercial District
General Commercial District
Neighborhood Commercial District
Campus District
Employment District
Industrial District
Urban Estate
Low Density Mixed-Use
Medium Density Mixed-Use
Open Lands, Parks and Water Corridors
East Prospect at Boxelder Creek Annexation
1 inch = 500 feet ±
Structure Plan Map
Annexation Area
Annexation Area
E Prospect Rd
S Summitview Dr
Interstate 25
ATTACHMENT 2
E
E
POL
CG
LMN
T
UE
CCR
T
E
Lake Canal
Boxelder Creek
Cache la Poudre Res Inlet
Boxelder Creek
East Prospect at Boxelder
Creek Annexation Zoning
Legendfeet 1 inch = 500 ±
City Limits - Outline
Annexation Area
E Prospect Rd
Interstate 25
S Summitview Dr
Proposed
Zoning: E
Proposed
Zoning: UE
Enclave created
Enclave created
Existing enclave
ATTACHMENT 3
ATTACHMENT 4
$
$
!$ "$
$ $
_______________________________________________
____________
________ _____________________, ___.
_________________________________________________________
_________________________________________________________
EAST PROSPECT AT BOXELDER CREEK ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 16, AND THE NORTH HALF OF SECTION 21,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; LARIMER COUNTY, COLORADO
REVISIONS: DATE:
OF
APPROVED BY: SHEET
SCALE: DATE:
DATE:
DESIGNED BY: DRAWN BY:
ENGINEERING DIVISION CHECKED BY:
CITY OF FORT COLLINS, COLORADO
Engineering
City of
EAST PROSPECT AT BOXELDER CREEK ANNEXATION
SITE
6 ?(QJLQHHULQJ?'HSDUWPHQWV?6XUYH\?3URMHFWV?(QJLQHHULQJ?(DVW3URVSHFW5RDG$QQH[?'HVLJQ?(3UVSFW$Q[B&'?(3UVSFW$QQH[GZJ
3DJHRI
Attachment "B"
Page 2 of 2
-1-
RESOLUTION 2016-032
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR THE
EAST PROSPECT AT BOXELDER CREEK ANNEXATION
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
East Prospect at Boxelder Creek Annexation, as more particularly described below; and
WHEREAS, the City Council desires to initiate annexation proceedings for the East
Prospect at Boxelder Creek Annexation 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 East
Prospect at Boxelder Creek Annexation, more particularly described as situate in the County of
Larimer, State of Colorado, to wit:
A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 16 AND THE NORTH HALF OF
SECTION 21, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF
LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 16, AND CONSIDERING THE
SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16 TO BEAR N88°21'25"W,
SAID LINE BEING MONUMENTED ON ITS EAST END BY A 2-1/2" BRASS CAP STAMPED LS
14823, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 14823, BASED UPON
GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, N88°21'25"W, A
DISTANCE OF 1,716.87 FEET TO A POINT ON THE WEST LINE OF INTERSTATE LANDS FIRST
ANNEXATION TO THE CITY OF FORT COLLINS, SAID POINT BEING THE POINT OF
BEGINNING;
THENCE ALONG SAID EAST LINE, S01°38'35"W, A DISTANCE OF 30.00 FEET TO A POINT ON
THE NORTH LINE OF THE VISITOR CENTER AT THE ENVIRONMENTAL CENTER ANNEXATION
TO THE CITY OF FORT COLLINS;
THENCE ALONG SAID NORTH LINE, N88°21'25"W, A DISTANCE OF 215.33 FEET TO THE
NORTHWEST CORNER OF SAID ANNEXATION;
THENCE ALONG THE WEST LINE OF SAID ANNEXATION, S00°15'50"W, A DISTANCE OF 42.51
FEET;
THENCE N88°21'25"W, A DISTANCE OF 709.34 FEET;
THENCE N00°15'33"E, A DISTANCE OF 42.51 FEET;
THENCE N88°22'55"W, A DISTANCE OF 160.00 FEET TO A POINT ON THE EAST LINE OF THE
FLATIRON EAST PROSPECT ROAD FIRST ANNEXATION TO THE CITY OF FORT COLLINS;
-2-
THENCE ALONG SAID EAST LINE, N00°15'33"E, A DISTANCE OF 60.02 FEET;
THENCE S88°22'55"E, A DISTANCE OF 159.97 FEET;
THENCE S88°21'25"E, A DISTANCE OF 120.00 FEET TO A POINT ON THE WEST LINE OF THE
INTERSTATE LANDS SECOND ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ALONG THE WEST AND SOUTH LINES OF SAID ANNEXATION THE FOLLOWING
THREE (3) COURSES:
1. S00°11'35"W, A DISTANCE OF 60.02 FEET;
2. S88°21'25"E, A DISTANCE OF 514.24 FEET;
3. N01°38'35"E, A DISTANCE OF 102.50 FEET;
THENCE S88°21'25"E, A DISTANCE OF 290.40 FEET TO A POINT ON THE BOUNDARY OF SAID
INTERSTATE LANDS SECOND ANNEXATION;
THENCE ALONG SAID BOUNDARY, S01°38'35"W, A DISTANCE OF 72.50 FEET TO THE POINT
OF BEGINNING.
CONTAINING 76,714 SQUARE FEET (1.761 ACRES), MORE OR LESS.
Section 3. That the City Council hereby finds and determines that the annexation
petition for the East Prospect at Boxelder Creek Annexation 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.
-3-
Section 4. That the City Council hereby finds and determines that the annexation
map, four copies total, accompanying the annexation petition for the East Prospect at Boxelder
Creek Annexation 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;
(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 this 5th
day of April, A.D. 2016.
_________________________________
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 2016-032 initiating annexation proceedings for the East Prospect at Boxelder Creek
Annexation, consisting of approximately 1.76 acres and generally located east of Summitview
Drive and west of the Interstate 25 frontage road, said Annexation being more particularly
described in Resolution 2016-032.
That, on May 17, 2016, 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
Urban Estate (“U-E”) Zone District and the Employment (“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 5th day of April, A.D. 2016.
_______________________________
City Clerk
EXHIBIT A
DESCRIPTION OF A TRACT OF LAND TO BE ANNEXED
TO THE CITY OF FORT COLLINS
A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 16 AND THE NORTH HALF OF
SECTION 21, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF
LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 16, AND CONSIDERING THE
SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16 TO BEAR N88°21'25"W, SAID
LINE BEING MONUMENTED ON ITS EAST END BY A 2-1/2" BRASS CAP STAMPED LS 14823, AND
ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 14823, BASED UPON GPS
OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, N88°21'25"W, A DISTANCE
OF 1,716.87 FEET TO A POINT ON THE WEST LINE OF INTERSTATE LANDS FIRST ANNEXATION
TO THE CITY OF FORT COLLINS, SAID POINT BEING THE POINT OF BEGINNING;
THENCE ALONG SAID EAST LINE, S01°38'35"W, A DISTANCE OF 30.00 FEET TO A POINT ON
THE NORTH LINE OF THE VISITOR CENTER AT THE ENVIRONMENTAL CENTER ANNEXATION
TO THE CITY OF FORT COLLINS;
THENCE ALONG SAID NORTH LINE, N88°21'25"W, A DISTANCE OF 215.33 FEET TO THE
NORTHWEST CORNER OF SAID ANNEXATION;
THENCE ALONG THE WEST LINE OF SAID ANNEXATION, S00°15'50"W, A DISTANCE OF 42.51
FEET;
THENCE N88°21'25"W, A DISTANCE OF 709.34 FEET;
THENCE N00°15'33"E, A DISTANCE OF 42.51 FEET;
THENCE N88°22'55"W, A DISTANCE OF 160.00 FEET TO A POINT ON THE EAST LINE OF THE
FLATIRON EAST PROSPECT ROAD FIRST ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ALONG SAID EAST LINE, N00°15'33"E, A DISTANCE OF 60.02 FEET;
THENCE S88°22'55"E, A DISTANCE OF 159.97 FEET;
THENCE S88°21'25"E, A DISTANCE OF 120.00 FEET TO A POINT ON THE WEST LINE OF THE
INTERSTATE LANDS SECOND ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ALONG THE WEST AND SOUTH LINES OF SAID ANNEXATION THE FOLLOWING
THREE (3) COURSES:
1. S00°11'35"W, A DISTANCE OF 60.02 FEET;
2. S88°21'25"E, A DISTANCE OF 514.24 FEET;
3. N01°38'35"E, A DISTANCE OF 102.50 FEET;
THENCE S88°21'25"E, A DISTANCE OF 290.40 FEET TO A POINT ON THE BOUNDARY OF SAID
INTERSTATE LANDS SECOND ANNEXATION;
THENCE ALONG SAID BOUNDARY, S01°38'35"W, A DISTANCE OF 72.50 FEET TO THE POINT OF
BEGINNING.
CONTAINING 76,714 SQUARE FEET (1.761 ACRES), MORE OR LESS, AND BEING SUBJECT TO
ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND.
_____________________________________________________________________
I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND
CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF, AND OPINION.
JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169
FOR AND ON BEHALF OF THE CITY OF FORT COLLINS
P.O. BOX 580, FORT COLLINS, CO 80522
S:\Engineering\Departments\Survey\Projects\Engineering\
East Prospect Road Annex 2015\Legals\E Prospct Rd Annex.doc
3DJHRI
Legal Description of the Annexation
Attachment "B"
Page 1 of 2
$ #$$
$
$ $ $
$
$