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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/03/2015 - RESOLUTION 2015-016 FINDING SUBSTANTIAL COMPLIANCEAgenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY February 3, 2015 City Council THIS ITEM HAS BEEN WITHDRAWN FROM CONSIDERATION STAFF Pete Wray, Senior City Planner SUBJECT Resolution 2015-016 Finding Substantial Compliance and Initiating Annexation Proceedings for the Interstate Land Holdings Annexation. EXECUTIVE SUMMARY The purpose of this item is to determine substantial compliance and initiating annexation proceedings for the Interstate Land Holdings Annexation. The Interstate Land Holdings Annexation project represents an annexation to bring three properties and right of way totaling 22.7 acres located on the northwest corner of the 1-25 and State Highway 392 intersection into Fort Collins municipal boundaries. The requested zoning for this annexation is the General Commercial (GC) for the Interstate Land Holdings properties and right of way, and Public Open Lands (P-O-L) for the City owned property. The requested zoning districts are in compliance with the City of Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan Maps. A specific project development plan proposal is not included with the annexation application. 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; not less than thirty days of prior notice is required by State law. 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. 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. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The Interstate Land Holdings Annexation includes two parcels owned by Interstate Land Holdings, LLC, one parcel owned by the City of Fort Collins, and right of way owned by the Colorado Department of Transportation (CDOT). A portion of the CDOT frontage road in between the properties, as well as the portion of State Highway 392 to the south, is included in the annexation to provide a continuity of service for the City of Fort Collins. The requested zoning for this annexation includes the G-C District for the Interstate Land Holdings properties (Lots 1 and 2) and CDOT right of way, and the P-O-L District for the City owned parcel (Lot 3), which are consistent with the City of Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan Maps. Agenda Item 9 Item # 9 Page 2 The properties are bordered by Fossil Creek Regional Open Space and Swede Lake on the west side, Interstate 25 to the east, State Highway 392 to the south, and commercial properties to the north. The 1-25 Frontage Road divides the properties. The property is currently zoned T-Tourist in Larimer County. This is a 100% voluntary 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. The Interstate Land Holdings Annexation gains the required 1/6 contiguity to existing city limits from a common boundary with the Fossil Creek Reservoir and the Fossil Creek Reservoir Open Space Annexation (Ordinance No. 054, 2008) and the Fossil Creek 392 Annexation (Ordinance No.139, 2009), thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing city boundary. FINANCIAL / ECONOMIC 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 over a period of time. The Poudre Valley REA Service Rights Fees will apply for ten years after electric service is transferred to Fort Collins Utilities. Future development will also trigger the transition from Larimer County Sherriff enforcement to Fort Collins Police Services. The provision of water and wastewater utility services will continue to be provided by the Fort Collins/Loveland Water District and South Fort Collins Sanitation District. In accordance with the May 2013 Amended Intergovernmental Agreement, the City of Fort Collins and the Town of Windsor will share the property tax increment and sales tax increment generated by properties and businesses located within the boundaries of the Corridor Activity Center. ENVIRONMENTAL IMPACTS There are no significant environmental impacts anticipated with these annexations. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request on February 12, 2015. The Board’s recommendation will be forwarded to City Council as part of the First Reading of the annexation and zoning ordinances on March 17, 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. Structure Plan Map (PDF) 3. Fossil Creek Reservoir Area Land Use Framework Map (PDF) 4. Zoning Map (PDF) ¦¨§25 ¦¨§25 Sw Frontage Rd Westgate Dr Se Frontage Rd B a y s i d e Dr E agle Ran c h R d Hathaw a y Ln Eagle Ln G ol d e n Eag l e Rd N H at h a w a y L n S H a tha w a y L n Bald Eagle Ln Interstate 25 S County Road 5 State Highway 392 Interstate 25 Legend GMA City Limits - Area Fossil Creek Reservoir Annexation Area ± Interstate Land Holdings Annexation Structure Plan Map Legend GMA Structure Plan Land Use Downtown District Community Commercial District Commercial Corridor District Neighborhood Commercial District Employment District Industrial District Campus District Urban Estate Low Density Mixed-Use Neighborhoods Medium Density Mixed-Use Neighborhoods Rural Lands Foothills Community Separator Open Lands, Parks and Stream Corridors Poudre River Adjacent Planning Areas Interstate 25 State Highway 392 S County Road 5 Annexation Area ATTACHMENT 2 ATTACHMENT 3 POL CG ¦¨§25 ¦¨§25 Sw Frontage Rd Westgate Dr Se Frontage Rd B a y s i d e Dr E agle Ran c h R d Hathaw a y Ln Eagle Ln G ol d e n Eag l e Rd N H at h a w a y L n S H a tha w a y L n Bald Eagle Ln Interstate 25 S County Road 5 State Highway 392 Interstate 25 Legend - 1 - RESOLUTION 2015-016 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE INTERSTATE LAND HOLDINGS 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 Interstate Land Holdings Annexation; and WHEREAS, the City Council desires to initiate annexation proceedings 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 accepts the annexation petition for the Interstate Land Holdings Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land located in the Southwest Quarter of Section 15 and the Northwest Quarter of Section 22, Township 6 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado, and being more particularly described as follows: Considering the South line of the Southwest Quarter of said Section 15 as bearing North 89°41'04" East and with all bearings contained herein relative thereto: Commencing at the Southwest corner of said Section 15; thence along said South line of the Southwest Quarter, North 89º41’04” East, 1274.77 feet to the POINT OF BEGINNING; thence continuing along said South line, North 89°41'04" East, 50.73 feet; thence departing said line, North 00°22'04" East, 60.14 feet to the Southwest corner of Lot 3, Interstate Land Holdings Minor Land Division, File No. 12-S3124; thence along the West line of said Lot 3, North 00º22'04" East, 215.86 feet; thence along the Northerly line of said Lot 3, North 61º20’04” East, 175.91 feet to a point on the Westerly line of Lot 1, Interstate Land Holdings Minor Land Division, File No. 12-S3124; thence along said Westerly line the following three (3) courses and distances: North 13º51'47" East, 674.61 feet; thence, North 66º32'35" East, 513.58 feet; thence, North 70º40’20” East, 305.70 feet; thence departing said line, South 83º27’06” East, 55.00 feet; thence, South 04º33’24” West, 216.25 feet; thence, South 13º20’35” West, 514.74 feet to the Northeast corner of Lot 2, Interstate Land Holdings Minor Land Division, File No. 12-S3124 ; thence along the easterly line of said Lot 2 the following three (3) courses and distances: South 08º25’22” West, 337.31 feet; thence, South 44º41’59” West, 118.86 feet; thence, South 83º50’53” West, 113.23 feet; thence departing said line, South 17º48’58” West, 13.05 feet; thence, South 33º15’59” West, 90.10 feet; thence, South 00º52’47” East, 156.17 feet to the North line of that tract of land recorded in Reception No.20110064864 Larimer County Records; thence along said line and along the North line of that tract of - 2 - land recorded in Reception No. 20090035759, South 89º33’34” West, 450.02 feet; thence, North 81º20’56” West. 303.80 feet; thence, North 00º20’00” East, 33.42 feet to the Point of Beginning. The above described tracts of land contain 989,933 square feet or 22.726 acres, more or less. Section 2. That the City Council hereby finds and determines that the annexation petition for the Interstate Land Holdings Annexation and accompanying map are in substantial compliance with the Municipal Annexation Act. Section 3. That the Notice attached hereto 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 3rd day of February, 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 Resolution 2015-016 initiating annexation proceedings for the Interstate Land Holdings Annexation, said Annexation being more particularly described in Resolution 2015-016. That, on March 17, 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 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 and the Public Open Lands (“P-O-L”) 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 3rd day of February, A.D. 2015. _______________________________ City Clerk GMA City Limits - Area Water Symbols Fossil Creek Reservoir Annexation Area Interstate Land ± Holdings Annexation Zoning Map City Zoning ZONE General Commercial (CG) Public Open Lands (POL) Annexation Area ATTACHMENT 4 Water Symbols Fossil Creek Reservoir Annexation Area Interstate Land Holdings Annexation ± Vicinity Map Annexation Area ATTACHMENT 1