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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/15/2015 - RESOLUTION 2015-110 FINDING SUBSTANTIAL COMPLIANCEAgenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY December 15, 2015 City Council STAFF Ted Shepard, Chief Planner SUBJECT Resolution 2015-110 Finding Substantial Compliance and Initiating Annexation Proceedings for the Maverik First Annexation. EXECUTIVE SUMMARY The purpose of this item is to annex the Maverik First Annexation. The applicant, Hanna DUL, Inc., has submitted a written petition requesting annexation of 1.26 acres located at 4333 East Mulberry Street which is the existing hotel and property located at the southeast quadrant of I-25 and East Mulberry Street. The site gains access from the Southeast Frontage Road. The requested zoning for this annexation is C-G, General Commercial. The property is located within the East Mulberry Corridor and I-25 Corridor Plans. In accordance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer County, the City of Fort Collins agrees to annex land that meets the minimum contiguity requirement, and based on a voluntary petition to annex for the purpose of redeveloping the subject parcel. The subject parcel is part of a larger parcel which is bordered on three sides by the Interchange Business Park which was annexed in 2005. 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. 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. The hearing will be held at the time of First Reading of the annexation and zoning ordinances, which is scheduled for February 2, 2016. Not less than thirty days of prior notice is required by State law. The property is located within the Fort Collins Growth Management Area. 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 will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The site is located in the East Mulberry Corridor and the I-25 Corridor, both of which are adopted sub-area plans. The subject property gains the required one-sixth (16.66%) contiguity to existing city limits from the Interchange Business Park on two sides. As a result, there is 36% of the total perimeter contiguous to the existing municipal boundary which exceeds the required minimum. The annexation of the 1.26 acre parcel does not create (nor does it contribute to creating) an enclave. Agenda Item 15 Item # 15 Page 2 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. 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 January 14, 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 February 2, 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 with a schedule and notification requirements that comply with state statutes. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (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 RESOLUTION 2015-110 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE MAVERIK FIRST 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 Maverik First Annexation, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the Maverik First Annexation in accordance with Section 30, Article II of the Colorado State Constitution, and 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 Maverik First Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: 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; 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). Section 3. That the City Council hereby finds and determines that the annexation petition for the Maverik First Annexation and accompanying map are in substantial compliance with the Municipal Annexation Act. Section 4. 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 15th day of December, 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 2015-110 initiating annexation proceedings for the Maverik First Annexation, said Annexation being more particularly described in Resolution 2015-110. That, on February 2, 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 General Commercial (“C-G”) 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 15th day of December, A.D. 2015. _______________________________ City Clerk EXHIBIT A