The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/17/2016 - ITEMS RELATING TO THE EAST PROSPECT AT BOXELDER CRAgenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Clay Frickey, Associate Planner SUBJECT Items Relating to the East Prospect at Boxelder Creek Annexation. EXECUTIVE SUMMARY A. Resolution 2016-042 Setting Forth Findings of Fact and Determinations Regarding the East Prospect at Boxelder Creek Annexation. B. Public Hearing and First Reading of Ordinance No. 071, 2016, Annexing the Property Known as the East Prospect at Boxelder Creek Annexation to the City of Fort Collins, Colorado. This is a request to annex a segment of East Prospect Road right-of-way. The request is related to a City Utilities and Engineering project to improve the Boxelder Creek crossing of the road for flood management purposes. The segment is located east of Summitview Drive and west of the Interstate 25 frontage road. The segment is approximately 1,000 feet in length. The Initiating Resolution was adopted on April 5, 2016. 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 Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION 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. 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. This annexation of right-of-way fills two small gaps in existing city limits along East Prospect Road. Adjacent owners agree with the annexation and have signed the Petition to Annex. BOARD / COMMISSION RECOMMENDATION Agenda Item 14 Item # 14 Page 2 The Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request on April 7, 2016. The Board voted 7-0 as part of its consent agenda, to recommend approval of the annexation and place the parcel in the Urban Estate and Employment zone districts. PUBLIC OUTREACH The public notification of the annexation and zoning request occurred two weeks prior to the item going before the Planning and Zoning Board at its scheduled public hearing on April 7, 2016. A letter of notification of the public hearing was mailed to all affected property owners within 800 feet of the property 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for annexation and initial zonings and a meeting was not held for this annexation and zoning request. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Annexation Petition (PDF) Lake Canal Boxelder Creek Cache la Poudre Res Inlet Boxelder Creek East Creek Prospect Annexation at Boxelder ± 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 Creek Prospect Annexation at Boxelder Zoning ± Legendfeet 1 inch = 500 City Limits - Outline Annexation Area E Prospect Rd Interstate 25 S Summitview Dr Proposed Zoning: E Zoning: Proposed UE Enclave created Enclave created Existing enclave ATTACHMENT 3 -1- ORDINANCE NO. 071, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE EAST PROSPECT AT BOXELDER CREEK ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2016-032, finding substantial compliance and initiating annexation proceedings for the East Prospect at Boxelder Creek Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, Resolution 2016-042 setting forth findings of fact and determinations regarding the East Prospect at Boxelder Creek 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-___ and Resolution 2016-032 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 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 -2- 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. is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the East Prospect at Boxelder Creek 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. -3- Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk -1- RESOLUTION 2016-042 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE EAST PROSPECT AT BOXELDER CREEK ANNEXATION WHEREAS, per Resolution 2016-032, annexation proceedings were heretofore initiated by the City Council for property to be known as the East Prospect at Boxelder Creek 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 held this 17th day of May, A.D. 2016. _________________________________ Mayor ATTEST: ___________________________ City Clerk