HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/20/2018 - SECOND READING OF ORDINANCE NO. 029, 2018, ANNEXINAgenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY February 20, 2018
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 029, 2018, Annexing the Property Known as the Water Treatment Facility
Annexation No. 4 to the City of Fort Collins, Colorado.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 6, 2018, annexes the fourth and final tract
of land known collectively as the Water Treatment Facility Annexations. Water Treatment Facility Annexation
No. 4 consists of 102.825-acres of Laporte Avenue right-of-way and parcel numbers 970700913, 9707000904
and 9707000908 which wholly contain the Fort Collins Water Treatment Facility. Furthermore, the annexation
establishes the required 1/6 contiguity with Water Treatment Facility Annexation No. 3. Unlike Water Treatment
Facility Annexations No. 1, 2 and 3, the No.4 annexation lies in large part outside the Growth Management
Area (GMA) boundary. Water Treatment Facility Annexation No. 4 is located west of North Overland Trail and
continues approximately to the Horsetooth Reservoir. 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. 029, 2018 (PDF)
Agenda Item 18
Item # 18 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. 4.
EXECUTIVE SUMMARY
A. Resolution 2018-012 Setting Forth Findings of Fact and Determinations Regarding the Water Treatment
Facility Annexation. No. 4.
B. Public Hearing and First Reading of Ordinance No. 029, 2018, Annexing the Property Known as the Water
Treatment Facility Annexation No. 4 to the City of Fort Collins, Colorado.
The purpose of this item is to annex the fourth and final tract of land known collectively as the Water Treatment
Facility Annexations. Water Treatment Facility Annexation No. 4 consists of 102.825-acres of Laporte Avenue
right-of-way and parcel numbers 970700913, 9707000904 and 9707000908 which wholly contain the Fort Collins
Water Treatment Facility. Furthermore, the annexation establishes the required 1/6 contiguity with Water
Treatment Facility Annexation No. 3. Unlike Water Treatment Facility Annexations No. 1, 2 and 3, the No.4
annexation lies in large part outside the Growth Management Area (GMA) boundary. Water Treatment Facility
Annexation No. 4 is located west of North Overland Trail and continues approximately to the Horsetooth
Reservoir. 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.
ATTACHMENT 1
Agenda Item 18
Item # 18 Page 2
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.
Growth Management Area
An overwhelming portion of the Water Treatment Facility Annexation No. 4 is located outside the established
Growth Management Area. Pursuant to Section 1(8)(F) contained within the Larimer County and City of Fort
Collins Intergovernmental Agreements, the City of Fort Collins, at its sole discretion, may annex outside the Fort
Collins GMA.
Notification to the Board of County Commissioners for review and comment was completed on October 17, 2017
and follow-up comments were provided by the Larimer County Planning Department on November 22, 2017 in
which no concerns were raised. (Attachment 4)
Contiguity
The land within Annexation No. 4 consists of 102.825-acres of Laporte Avenue right-of-way and the parcels
which wholly contain the Fort Collins Water Treatment Facility. Water Treatment Facility Annexation No. 4 has
17.89% of its perimeter boundary contiguous with City limits from the common boundary of Water Treatment
Facility Annexation No. 3, 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 102.825-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. 4.
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
Agenda Item 18
Item # 18 Page 3
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. 4 Vicinity Map (PDF)
3. Growth Management Area County Commissioner Notice (PDF)
4. Larimer County Response (PDF)
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ORDINANCE NO. 029, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING THE PROPERTY KNOWN AS THE WATER TREATMENT FACILITY
ANNEXATION NO. 4 TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2017-110, finding substantial compliance and initiating
annexation proceedings for the Water Treatment Facility Annexation No. 4, as defined therein and
described below, was previously adopted by the City Council; and
WHEREAS, Resolution 2018-012 setting forth findings of fact and determinations
regarding the Water Treatment Facility Annexation No. 4 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. 4 (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-
110 and Resolution 2018-012 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 NORTHEAST QUARTER OF SECTION 7,
IN SECTION 8, AND 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;
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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 ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING FOUR
(4) COURSES:
1. N88°54'50"W, A DISTANCE OF 1,762.43 FEET;
2. S00°23'29"W, A DISTANCE OF 10.00 FEET;
3. N88°54'50"W, A DISTANCE OF 588.26 FEET;
4. 23.76 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°45'15", AND A CHORD
WHICH BEARS S45°42'32"W A DISTANCE OF 21.35 FEET;
THENCE CROSSING THE RIGHT OF WAY OF OVERLAND TRAIL, S75°48'16"W,
A DISTANCE OF 107.24 FEET TO THE POINT OF INTERSECTION OF THE WEST
RIGHT-OF-WAY LINE OF OVERLAND TRAIL AND THE SOUTHERLY RIGHT-OF-
WAY LINE OF LAPORTE AVENUE;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING
EIGHT (8) COURSES:
1. S88°50'59"W, A DISTANCE OF 255.48 FEET;
2. N87°52'23"W, A DISTANCE OF 536.14 FEET;
3. N01°36'58"W, A DISTANCE OF 11.68 FEET;
4. S88°14'24"W, A DISTANCE OF 496.33 FEET;
5. S87°43'40"W, A DISTANCE OF 2,025.35 FEET;
6. ALONG THE RIGHT-OF-WAY LINE DESCRIBED IN THE BARGAIN AND
SALE DEED RECORDED OCTOBER 30, 1963 IN BOOK 1226, PAGE 127,
N75°57'18"W, A DISTANCE OF 996.25 FEET;
7. CONTINUING ALONG THE RIGHT-OF-WAY LINE DESCRIBED IN BOOK
1226, PAGE 127, N85°44'28"W, A DISTANCE OF 966.93 FEET;
8. CONTINUING ALONG THE RIGHT-OF-WAY LINE DESCRIBED IN BOOK
1226, N85°51'13"W, A DISTANCE OF 1,287.07 FEET;
THENCE CONTINUING ALONG THE RIGHT-OF-WAY LINE DESCRIBED IN
BOOK 1226, PAGE 127 THE FOLLOWING FOUR (4) COURSES:
1. S00°47'02"W, A DISTANCE OF 278.19 FEET;
2. N89°12'58"W, A DISTANCE OF 60.00 FEET;
3. N00°47'02"E, A DISTANCE OF 1,110.00 FEET;
4. S89°12'58"E, A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY
LINE OF THAT PARCEL OF LAND DESCRIBED IN THE
INTERGOVERNMENTAL AGREEMENT RECORDED MARCH 20, 1980 IN
BOOK 2032, PAGE 855;
THENCE ALONG SAID WESTERLY LINE AND ALONG THE WESTERLY LINE OF
THAT PARCEL OF LAND DESCRIBED IN THE SPECIAL WARRANTY DEED
RECORDED JULY 3, 1984 IN BOOK 2278, PAGE 2163, N00°47'02"E, A DISTANCE
OF 921.83 FEET;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL DESCRIBED IN
BOOK 2278, PAGE 2163, N89°18'09"E, A DISTANCE OF 1,819.07 FEET;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL DESCRIBED IN BOOK
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2278, PAGE 2163 AND ALONG THE EASTERLY LINE OF SAID PARCEL
DESCRIBED IN BOOK 2032, PAGE 855, S11°53'09"E, A DISTANCE OF 1,000.96
FEET TO THE NORTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN
THE WARRANTY DEED TO PLATTE RIVER POWER AUTHORITY RECORDED
FEBRUARY 10, 1981 IN BOOK 2104, PAGE 896;
THENCE ALONG THE NORTHERLY, WESTERLY AND SOUTHERLY
BOUNDARIES OF SAID TRACT THE FOLLOWING THREE (3) COURSES:
1. S78°06'51"W, A DISTANCE OF 175.01 FEET;
2. S11°53'09"E, A DISTANCE OF 175.00 FEET;
3. N78°06'51"E, A DISTANCE OF 173.57 FEET TO A POINT ON THE
EASTERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 2032, PAGE 855;
THENCE ALONG SAID EASTERLY LINE, S10°51'20"E, A DISTANCE OF 15.10
FEET;
THENCE CONTINUING ALONG SAID EASTERLY LINE, S49°14'02"E, A
DISTANCE OF 1,450.69 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY
LINE OF LAPORTE AVENUE;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING
ELEVEN (11) COURSES:
1. S75°57'18"E, A DISTANCE OF 36.44 FEET;
2. N87°43'40"E, A DISTANCE OF 1,584.77 FEET;
3. N00°26'54"E, A DISTANCE OF 20.43 FEET;
4. S85°38'55"E, A DISTANCE OF 188.73 FEET;
5. N87°22'37"E, A DISTANCE OF 263.57 FEET;
6. N88°23'15"E, A DISTANCE OF 654.58 FEET;
7. N00°20'15"E, A DISTANCE OF 9.18 FEET;
8. N88°23'15"E, A DISTANCE OF 325.79 FEET;
9. S00°20'14"W, A DISTANCE OF 4.99 FEET;
10. N88°23'15"E, A DISTANCE OF 246.47 FEET;
11. N54°50'50"E, A DISTANCE OF 72.56 FEET TO THE POINT OF
INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF OVERLAND
TRAIL;
THENCE CROSSING THE RIGHT OF WAY OF OVERLAND TRAIL, S69°04'07"E, A
DISTANCE OF 90.46 FEET TO THE POINT OF INTERSECTION OF THE EAST
RIGHT-OF-WAY LINE OF OVERLAND TRAIL AND THE NORTHERLY RIGHT-
OF-WAY LINE OF LAPORTE AVENUE;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, S69°19'37"E, A
DISTANCE OF 26.19 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE,
S88°54'50"E, A DISTANCE OF 2,345.88 FEET TO ITS INTERSECTION WITH THE
WESTERLY BOUNDARY OF WATER TREATMENT FACILITY ANNEXATION
NO. 3;
THENCE ALONG SAID WESTERLY BOUNDARY, N89°37'32"W, A DISTANCE OF
2,415.93 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 9;
THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY, S88°12'10"E, A
DISTANCE OF 2,416.49 FEET TO THE POINT OF BEGINNING.
CONTAINING 102.825 ACRES, MORE OR LESS
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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. 4, 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
Passed and adopted on final reading on the 20th day of February, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk