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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/20/2018 - SECOND READING OF ORDINANCE NO. 027, 2018, ANNEXINAgenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY February 20, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 027, 2018, Annexing the Property Known as the Water Treatment Facility Annexation No. 3 to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 6, 2018, annexes the third of four sequential tracts of land known collectively as the Water Treatment Facility Annexations. Water Treatment Facility Annexation No. 3 consists of 1.182-acres of Laporte Avenue right-of-way and establishes the required 1/6 contiguity with Water Treatment Facility Annexation No. 2. Water Treatment Facility Annexation No. 3 is located between Sunset Street and North Overland Trail. A related item to zone the annexed property is presented as the next item on this Agenda. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 6, 2018 (w/o attachments) (PDF) 2. Ordinance No. 027, 2018 (PDF) Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY February 6, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Items Relating to the Water Treatment Facility Annexation No. 3. EXECUTIVE SUMMARY A. Resolution 2018-011 Setting Forth Findings of Fact and Determinations Regarding the Water Treatment Facility Annexation. No. 3. B. Public Hearing and First Reading of Ordinance No. 027, 2018, Annexing the Property Known as the Water Treatment Facility Annexation No. 3 to the City of Fort Collins, Colorado. The purpose of this item is to annex the third of four sequential tracts of land known collectively as the Water Treatment Facility Annexations. Water Treatment Facility Annexation No. 3 consists of 1.182-acres of Laporte Avenue right-of-way and establishes the required 1/6 contiguity with Water Treatment Facility Annexation No. 2. Water Treatment Facility Annexation No. 3 is located between Sunset Street and North Overland Trail. 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 History The Water Treatment Facility Annexations are part of a funded, 2016-2018 Budgeting for Outcomes (BFO) offer that will enable the Fort Collins Water Treatment Facility to construct a reliable underground electric power system supplied by Fort Collins Utilities Light and Power Department. Since the Fort Collins Water Treatment Facility is in unincorporated Larimer County, the Fort Collins Light and Power Utility cannot assume jurisdictional service rights from the existing service provider, Xcel Energy. Upon annexation of the subject properties, the City Water Treatment Facility will be eligible to receive Light and Power Utilities service. After annexation, the extension of underground utility service to the facility will be scheduled. Pursuant to the approval of the above mentioned BFO offer, the City of Fort Collins has submitted a written petition requesting four sequential annexations known collectively as the Water Treatment Facility Annexations. The 104 acres of land within the annexations includes the unincorporated Laporte Avenue right-of-way west of current City limits and parcel numbers 970700913, 9707000904 and 9707000908 which wholly contain the Fort Collins Water Treatment Facility. ATTACHMENT 1 Agenda Item 16 Item # 16 Page 2 Contiguity The land within Annexation No. 3 consists of 1.182-acres of Laporte Avenue right-of-way. Water Treatment Facility Annexation No. 3 has 22.46% of its perimeter boundary contiguous with City limits from a common boundary of Water Treatment Facility Annexation No. 2, thus satisfying the state requirement that no less than one-sixth (16.66%) of the perimeter boundary be contiguous to the existing City boundary. Enclave Implications Annexing this 1.182-acre tract of land does not create (nor does it contribute to creating) an enclave. Previous Council Actions On October 17, 2017, City Council unanimously adopted Resolutions 2017-092, 2017-093, 2017-094 and 2017- 095, initiating a series of annexations of right-of-way and the City-owned property located at 4316 Laporte Avenue upon which the Fort Collins Water Treatment Facility operates. The Resolutions were later rescinded on November 7, 2017 to address additional notification requirements specific to “flagpole” annexations as defined by Colorado Revised Statutes. A letter was sent 90-days prior to First Reading to provide notice to owners of properties abutting the annexation of their right to petition for annexation pursuant to Colorado Revised Statutes Sections 31-12-107, 31-12-105, 31-12-104, and all other applicable laws. No petitions were received and the period for submitting such petition has since expired. On December 19, 2017, City Council approved a series of resolutions that accepted the annexation petition and determined that the petition followed all applicable state laws and notification requirements. CITY FINANCIAL IMPACTS No direct financial impacts result from the proposed Water Treatment Facility Annexation No. 3. BOARD / COMMISSION RECOMMENDATION At its January 18, 2018 meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation and recommend that the property be placed in the Urban Estate (U-E) Zone District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH A letter was sent 90-days prior to the initiation of the annexation to provide notice to owners of properties abutting the annexation of their right to petition for annexation pursuant to Colorado Revised Statutes Sections 31-12- 107, 31-12-105, 31-12-104, and all other applicable laws. No petitions were received and the period for submitting such petition has expired. All other notification requirements as required by state and local law have been met. ATTACHMENTS 1. Vicinity Overview Map (PDF) 2. Annexation No. 3 Vicinity Map (PDF) -1- ORDINANCE NO. 027, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE WATER TREATMENT FACILITY ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2017-109, finding substantial compliance and initiating annexation proceedings for the Water Treatment Facility Annexation No. 3, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2018-011 setting forth findings of fact and determinations regarding the Water Treatment Facility Annexation No. 3 was 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 be known as the Water Treatment Facility Annexation No. 3 (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 2017- 109 and Resolution 2018-011 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 9, AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9 TO BEAR N88°54'50"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3" ALUMINUM CAP STAMPED LS 20123, AND ON ITS WEST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34990, 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 NORTHWEST QUARTER, N88°54'50"W, A DISTANCE OF 198.01 FEET TO A POINT ON THE WEST BOUNDARY OF THE MOUNTAIN VIEW SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS; -2- THENCE ALONG SAID WEST BOUNDARY, S00°33'03"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE, SAID POINT BEING THE POINT OF BEGINNING; THENCE N88°12'10"W, A DISTANCE OF 2,416.49 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 9; THENCE S89°37'32"E, A DISTANCE OF 2,415.93 FEET TO THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE AND THE WESTERLY BOUNDARY OF WATER TREATMENT FACILITY ANNEXATION NO. 2; THENCE ALONG SAID WESTERLY BOUNDARY, S88°37'40"W, A DISTANCE OF 699.44 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY, S86°27'28"E, A DISTANCE OF 700.00 FEET TO THE POINT OF BEGINNING. CONTAINING 51,508 SQUARE FEET (1.182 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 Water Treatment Facility Annexation No. 3, 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. Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2018, and to be presented for final passage on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk -3- Passed and adopted on final reading on the 20th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk