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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/04/2016 - SECOND READING OF ORDINANCE NO. 110, 2016, ANNEXINAgenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY October 4, 2016 City Council STAFF Kai Kleer, Planning Technician SUBJECT Second Reading of Ordinance No. 110, 2016, Annexing Property Known as the Cache La Poudre River Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance unanimously adopted on First Reading on September 20, 2016, annexes the Cache La Poudre River enclave. This is a City-initiated request to annex 12.01 acres located along the northern boundary of the Lee Martinez Community Park/1873 Original Town Site Annex. From the intersection of North College Avenue and the Cache La Poudre River, the enclave spans approximately 3,190 feet to the northwest and 1,620 feet to the southeast. The Initiating Resolution was adopted on August 16, 2016. A related item to zone the annexed property is presented as the next item on the agenda. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 20, 2016 (w/o attachments) (PDF) 2. Ordinance No. 110, 2016 (PDF) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY September 20, 2016 City Council STAFF Kai Kleer, Planning Technician SUBJECT Public Hearing and First Reading of Ordinance No. 110, 2016, Annexing Property Known as the Cache La Poudre River Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY The purpose of this item is to annex the Cache La Poudre River enclave. This is a City-initiated request to annex 12.01 acres located along the northern boundary of the Lee Martinez Community Park/1873 Original Town Site Annex. From the intersection of North College Avenue and the Cache La Poudre River, the enclave spans approximately 3,190 feet to the northwest and 1,620 feet to the southeast. The Initiating Resolution was adopted on August 16, 2016. A related item to zone the annexed property is presented as the next item on the 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 Ordinance on First Reading. BACKGROUND / DISCUSSION During administrative review of the Poudre River Annexation staff determined that there was a naming conflict with a previously annexed section of the Poudre River. As a result the annexation name was changed to “Cache La Poudre River Annexation” on August 30, 2016. The Cache La Poudre River Annexation abuts the north side of Lee Martinez Community Park/1873 Original Town Site Annex. The subject property became an enclave after the annexation of the Wood Street Annexation on September 17, 2012. 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. Per State Statute (Section 31-12-106, Colorado Revised Statutes), 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 property became eligible and meets all annexation requirements. Landowner consent is not required for annexation of an enclave. BOARD / COMMISSION RECOMMENDATION At its September 8, 2016 regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of the annexation. Further, the Board recommended that the Enclave be placed into the POL, Public Open Lands District. The recommendations were part of the Planning and Zoning Board Consent Calendar and not discussed. ATTACHMENT 1 Agenda Item 7 Item # 7 Page 2 PUBLIC OUTREACH No neighborhood meeting was held for this annexation and zoning. All required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) -1- ORDINANCE NO. 110, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE CACHE LA POUDRE RIVER ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2016-060 stating the intent of the City to annex and initiating annexation proceedings for the Cache La Poudre River Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds that the area proposed to be annexed has been entirely contained within the boundaries of the City for a period of not less than three years prior to this date and complies with all requirements for enclave annexation set forth in Colorado Revised Statutes Section 31-12-106; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area 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 following described property, 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; 5. S79°06'24"E, A DISTANCE OF 66.50 FEET; -2- 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. is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Cache La Poudre River Annexation. Section 3. That, in annexing said 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 the ordinances of the City. Introduced, considered favorably on first reading, and ordered published this 20th day of September, A.D. 2016, and to be presented for final passage on the 4th day of October, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk -3- Passed and adopted on final reading on the 4th day of October, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk