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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/16/2016 - RESOLUTION 2016-060 STATING THE INTENT OF THE CITYAgenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Kai Kleer, Planning Technician Cameron Gloss, Planning Manager SUBJECT Resolution 2016-060 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 Poudre River Annexation. EXECUTIVE SUMMARY The purpose of this item is to initiate the annexation process for the Poudre River Annexation. This is a City- initiated request to annex 12.01 acres located within the banks of the Poudre River between Lee Martinez Community Park and Linden Street. The land became an enclave upon annexation of the Wood Street Annexation on September 17, 2012. As of September 17, 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 Poudre River Annexation is an enclave of unincorporated land along the banks of the Poudre River between Lee Martinez Park and Linden Street. The area is completely surrounded by land within the City of Fort Collins; more specifically, it extends from the intersection of North College Avenue and the Poudre River approximately 3,190 feet to the northwest and 1,620 feet to the southeast. Annexations over a 139 year period created the enclave. The south enclave boundary was formed in 1873 upon recordation of the Original Town Site map, which describes its north boundary as the south bank of the Poudre River. Buckingham Place Annexation enclosed the east end of the enclave in 1906. In 1959, the North College Annex map brought land into the City from the north bank of the Poudre River northward, leaving the Poudre River outside the city limits. The Linden Street Tech Center and McMurray Natural Area Annexations, in 1972 and 2010 respectively, completed annexation of lands north of the north riverbank. With the Wood Street Annexation in 2012, a west enclave boundary was formed, thereby creating an unincorporated area completely encircled by land with the City. The City of Fort Collins owns the bulk of the annexation area. A small portion of the area is owned by the Union Pacific Railroad. Agenda Item 16 Item # 16 Page 2 The requested zoning for this annexation is the Public Open Lands (POL) zone district, which is in compliance with the City of Fort Collins Structure Plan. The surrounding properties existing are residential, office, park and light industrial land uses in the City of Fort Collins. There are five privately-owned properties fronting the Poudre River that are either vacant or substantially underused and, therefore, likely to be redeveloped. Of the five properties, four are located within the Poudre River buffer zone. Since these four remaining redevelopment parcels are located south of Lincoln Avenue, the City’s Land Use Code specifies a general buffer zone of 300 feet, as measured from the top of the riverbank. The decisionmaker (Planning and Zoning Board or Hearing Officer) may enlarge or reduce the bufferyard zone distance to ensure that performance standards are met consistent with Code requirements. 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. Poudre River Annexation was enclaved upon the annexation of the Wood Street Annexation on September 17, 2012. Per C.R.S. Section 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 17, 2015, the City of Fort Collins is authorized to initiate and annex the area. BOARD AND COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its regular monthly meeting on September 8, 2016, and will make its recommendation at that time. The Board's recommendation will be forwarded to the City Council at the First Reading of the annexation and zoning ordinances on September 20, 2016. PUBLIC OUTREACH There was no public outreach for this Initiating Resolution as this Resolution provides a schedule for upcoming Council hearings and no notification is required under state statutes. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan (PDF) 3. Proposed Zoning (PDF) East CoPyond E Sunig a Rd N Howes St N Mason St N Coll ege Ave Jef f e r son St E Vine Dr ÕZYXW ³I OLD FORT COLLINS HERITAGE PARK WASHINGTON PARK LEGACY PARK LEE MARTINEZ COMMUNITY PARK City of Fort Collins 3RXGUH5LYHU$QQH[DWLRQ9LFLQLW\0DS CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: July 21, 2016 Legend Annexation Area Water City Limits 0 0.05 0.1 0.15 0.2 Miles Scale 1:6,769 © Path: S:\CDNS\Planning\Plans, Policy & Special Projects\Annexation\Annexation\Support Documents\Kai's Annexation Files - 2016\Annexations\Mountain Edge Annexation\MountainEdge.mxd Annexation Area ATTACHMENT 1 East CoPyond Rural Open Lands and Stream Corridors Commercial Corridor District Employment Low Density Mixed-Use Residential Industrial District Downtown District Community Corridor District E Sunig a Rd N Howes St N Mason St N Coll ege Ave Jef f e r son St E Vine Dr ÕZYXW ³I City of Fort Collins Structure Plan CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: July 21, 2016 Legend Annexation Area Water Downtown District Community Commercial District General Commercial District Employment District Industrial District 0 0.05 0.1 0.15 0.2 Miles East CoPyond E Sunig a Rd N Howes St N Mason St N Coll ege Ave Jef f e r son St E Vine Dr ÕZYXW ³I POL NCM D CCR CCR POL E UE POL CCN NCB LMN CCR CG NCB D CS POL E RDR LMN City of Fort Collins Zoning CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: July 21, 2016 Legend Annexation Area Water Community Commercial North College (CCN) Community Commercial Poudre River (CCR) General Commercial (CG) -1- RESOLUTION 2016-060 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 POUDRE RIVER ANNEXATION WHEREAS, the property hereinafter described has, for a period of not less than three years prior to this date, been completely contained within the boundaries of the City of Fort Collins; and WHEREAS, the City 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 City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council intends to annex the following described property, to be known as the Poudre River Annexation, situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 2, THE NORTHEAST QUARTER OF SECTION 11, AND THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING ALL THAT PORTION OF THE BED OF THE CACHE LA POUDRE RIVER AND ALL OF THE LAND CONTIGUOUS TO SAID BED THAT HAS NOT BEEN PREVIOUSLY ANNEXED BY THE ORIGINAL PLAT OF THE TOWN OF FORT COLLINS, BY THE ANNEXATION OF BUCKINGHAM PLACE, BY THE CORRECTED PLAT OF THE GRIFFIN ADDITION, BY THE NORTH COLLEGE ANNEXATION, BY THE LINDEN STREET TECH CENTER ANNEXATION, OR BY THE McMURRY NATURAL AREA ANNEXATION; SAID TRACT ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 12, AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12 TO BEAR S00°23'32"W, SAID LINE BEING MONUMENTED ON ITS NORTH END BY A 3-1/4" ALUMINUM CAP WITH ILLEGIBLE MARKINGS, AND ON ITS SOUTH END BY A 2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID WEST LINE, S00°23'32"W, A DISTANCE OF 226.50 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SOUTH BOUNDARY OF THE NORTH COLLEGE ANNEXATION TO THE CITY OF FORT COLLINS THE FOLLOWING THIRTEEN (13) COURSES: 1. S66°30'10"E, A DISTANCE OF 42.00 FEET; 2. S51°53'24"E, A DISTANCE OF 40.00 FEET; 3. S67°13'24"E, A DISTANCE OF 37.00 FEET; 4. S74°51'24"E, A DISTANCE OF 176.40 FEET; -2- 5. S79°06'24"E, A DISTANCE OF 66.50 FEET; 6. S74°16'24"E, A DISTANCE OF 94.11 FEET; 7. S71°59'41"E, A DISTANCE OF 360.45 FEET; 8. S42°21'29"E, A DISTANCE OF 140.00 FEET; 9. S36°35'23"E, A DISTANCE OF 151.52 FEET; 10. S19°45'23"E, A DISTANCE OF 287.91 FEET; 11. S60°22'23"E, A DISTANCE OF 205.90 FEET; 12. S32°05'23"E, A DISTANCE OF 93.79 FEET; 13. S71°00'23"E, A DISTANCE OF 31.26 FEET TO A POINT ON THE WEST BOUNDARY OF THE LINDEN STREET TECH CENTER ANNEXATION; THENCE SOUTHERLY ALONG SAID WEST BOUNDARY, A DISTANCE OF 176 FEET MORE OR LESS TO THE NORTHWEST CORNER OF THE ANNEXATION OF BUCKINGHAM PLACE; THENCE CONTINUING SOUTHERLY ALONG THE WEST LINE OF SAID ANNEXATION OF BUCKINGHAM PLACE, A DISTANCE OF 135 FEET MORE OR LESS TO A POINT ON THE SOUTH BANK OF THE CACHE LA POUDRE RIVER; THENCE NORTHWESTERLY ALONG SAID SOUTH BANK, BEING THE NORTH BOUNDARY OF THE ORIGINAL PLAT OF THE TOWN OF FORT COLLINS, A DISTANCE OF 5607 FEET MORE OR LESS, TO A POINT ON THE SOUTHEASTERLY BOUNDARY OF THE MCMURRY NATURAL AREA ANNEXATION; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY BOUNDARY, A DISTANCE OF 81 FEET MORE OR LESS TO A POINT ON THE NORTH BANK OF THE CACHE LA POUDRE RIVER; THENCE SOUTHEASTERLY ALONG SAID NORTH BANK, BEING THE SOUTH BOUNDARY OF THE NORTH COLLEGE ANNEXATION, A DISTANCE OF 2993 FEET MORE OR LESS TO THE NORTHWEST CORNER OF THE CORRECTED PLAT OF THE GRIFFIN ADDITION; THENCE CONTINUING SOUTHEASTERLY ALONG SAID NORTH BANK, BEING THE SOUTH BOUNDARY OF THE CORRECTED PLAT OF THE GRIFFIN ADDITION, A DISTANCE OF 622 FEET MORE OR LESS TO THE WEST LINE OF THE NORTHWEST CORNER OF SECTION 12; THENCE NORTHERLY ALONG SAID WEST LINE, 70 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 12.01 ACRES, MORE OR LESS. Section 3. That the City Council hereby initiates annexation proceedings for the above-described property. Section 4. 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. -3- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of August, 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 2016-060, initiating annexation proceedings for the Poudre River Annexation, consisting of approximately 12.01 acres and generally within the banks of the Poudre River between Lee Martinez Community Park and Linden Street, said Annexation being more particularly described in Resolution 2016-060. This is an enclave annexation. That, on September 20, 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 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 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 (V/TDD: Dial 711 for Relay Colorado) for assistance. Dated this 16th day of August, A.D. 2016. _______________________________ City Clerk EXHIBIT A Service Commercial (CS) Downtown (D) Employment (E) Low Density Mixed-Use Neighborhood (LMN) Neighborhood Conservation Buffer (NCB) Neighborhood Conservation Medium Density (NCM) Public Open Lands (POL) River Downtown Redevelopment (RDR) Urban Estate (UE) 0 0.05 0.1 0.15 0.2 Miles Scale 1:6,769 © Path: S:\CDNS\Planning\Plans, Policy & Special Projects\Annexation\Annexation\Support Documents\Kai's Annexation Files - 2016\Annexations\Mountain Edge Annexation\MountainEdge.mxd Annexation Area ATTACHMENT 3 Scale 1:6,769 © Path: S:\CDNS\Planning\Plans, Policy & Special Projects\Annexation\Annexation\Support Documents\Kai's Annexation Files - 2016\Annexations\Mountain Edge Annexation\MountainEdge.mxd Annexation Area ATTACHMENT 2