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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/05/2017 - ITEMS RELATING TO THE NEWTON SECOND ANNEXATIONAgenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY September 5, 2017 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Items Relating to the Newton Second Annexation. EXECUTIVE SUMMARY A. Resolution 2017-082 Setting Forth Findings of Fact and Determinations Regarding the Newton Second Annexation. B. Public Hearing and First Reading of Ordinance No. 123, 2017, Annexing the Property Known as the Newton Second Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 1.3760 acres located at 1516 W Vine Drive in-between N. Shields Street and N. Taft Hill Road. The Initiating Resolution was adopted on consent, July 18, 2017. The Newton Second Annexation is the second of two sequential annexations, which are as follows: Newton First - 0.0703 acres; Newton Second - 1.3760 acres; Newton Annexation total area: 1.4463 acres. 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 Contiguity The subject property gains the required one-sixth contiguity to existing City limits from a common boundary on two sides with the Newton First Annexation 2017. As a result, there is 18.94% of the total perimeter contiguous to the newly established municipal boundary which exceeds the required minimum (16.66%). Enclave Implications Annexing the1.3760-acre area does not create (nor does it contribute to creating) an enclave. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. Agenda Item 16 Item # 16 Page 2 BOARD / COMMISSION RECOMMENDATION At its July 20, 2017, regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of the annexation. Further, the Board recommended that parcel be placed into the Urban Estate (UE), zone district. This unanimous action was taken as part of the Board’s consent agenda; therefore, there are no minutes. PUBLIC OUTREACH Given that this is a 100% voluntary annexation, there was no neighborhood meeting for this annexation and zoning. This is a 100% voluntary annexation. Please note, however, that 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) 4. Annexation Narrative (PDF) 5. Annexation Petition (PDF) LMINIDCDOLLEN SCHOOL LMINIDCDOLLEN SCHOOL ALASMTEDA W VINE DR ELM ST LYONS ST CLOVER LN ELM S T AZTEC DR N BRYAN AVE N FREY AVE LANCER D R Newton Second Vicinity Map Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: June 30, 2017 Legend Water City Limits Schools 0 0.03 0.06 0.09 0.12Miles Scale 1 inch equals 333 feet © Path: C:\Users\kkleer\Desktop\AIR.mxd Newton Annexation Second Area ATTACHMENT 1 RL UE LMN NCL ALASMTEDA W VINE DR ELM ST LYONS ST CLOVER LN ELM S T AZTEC DR N BRYAN AVE N FREY AVE LANCER D R Newton First Structure and Second Plan Map Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: June 30, 2017 Structure Plan Land Use Urban Estate Low Density Mixed-Use Neighborhoods Open Lands, Parks and Stream Corridors Low Density Mixed-Use Neighborhood (LMN) Neighborhood Conservation Low Density (NCL) Low Density Residential (RL) Urban Estate (UE) 0 0.03 0.06 0.09 0.12Miles Scale 1 inch equals 333 feet © Path: C:\Users\kkleer\Desktop\AIR.mxd Newton Annexation First and Area Second ATTACHMENT 2 RL UE LMN NCL ALASMTEDA W VINE DR ELM ST LYONS ST CLOVER LN ELM S T AZTEC DR N BRYAN AVE N FREY AVE LANCER D R Newton First and Zoning Second Map Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: June 30, 2017 Legend Water Low Density Mixed-Use Neighborhood (LMN) Neighborhood Conservation Low Density (NCL) Low Density Residential (RL) Urban Estate (UE) 0 0.03 0.06 0.09 0.12Miles Scale 1 inch equals 333 feet © Path: C:\Users\kkleer\Desktop\AIR.mxd Newton Proposed First and Second Zoning: Annexation UE ATTACHMENT 3 Newton Firt & Second Annexation & Zoning Annexation Petition Supplemental Information NEWTON ANNEXATION & ZONING June 22, 2017 Annexation Petition Supplemental Information ANNEXATION INTRODUCTION: The proposed Newton First and Second Annexations is located on West Vine Drive approxomatly ½ mile west of Shields Street in Larimer County, Colorado. The property to be annexed is approximately 63,000 sf (1.45 acres) in size and borders the City of Fort Collins current City Boundary along its south boundary which provides approximately 50.0 lineal feet of contiguity to the City of Fort Collins. The property is being annexed as a “Serial” Annexation (Newton First & Second Annexations) in order to provide the required 1/6th contiguity for the proposed annexations perimeter boundary. The properties located north, south, east and west of the subject annexations are zoned Farming (FA) in the County. The subject property is located within the City of Fort Collins Growth Management Area (GMA) and is designated by the City of Fort Collins Structure Plan as Urban Estate (UE) and is proposed to be zoned Urban Estate (UE), consistent with the City’s Structure Plan. The property is currently within the City of Fort Collins Water & Wastewater Districts and upon annexation the future development would be served by these districts. Excel Energy, Qwest and Comcast Communications currently provide service to the property as well. The property to be annexed has no existing building or structure within the boundary of the annexation. Vehicular access to the subject property will be from West Vine Drive via an existing driveway access which serves the existing residence at 1516 West Vine Drive. If the annexation is approved the owners of 1516 West Vine Drive will provide an access easement dedicated by separate instrument for the purpose of vehicular access to the annexed parcel of land. PETITION FOR ANNEXATION SUPPLEMENTAL INFORMATION: The following supplemental information is requested as part of the Petition for Annexation as stated in the City of Fort Collins Annexation and Zoning Submittal Requirements and is intended to provide supplemental information as requested by the City's Submittal Requirements, item numbers 4, 5 & 6 as follows: 4 (a) A statement indicating that the requirements if the Colorado Annexation Act have been met. Petitioners Response: The Annexation Petition, Annexation Map and supplemental annexation information as prepared by JR Engineering comply with the requirements as set forth by the Colorado Annexation Act of 1965 as Amended and the requirement as stated in the City of Fort Collins Annexation Requirements and Checklist. Because this is a series annexation, two consecutive annexations must take place to meet the 1/6th contiguity requirement. Newton First Annexation is directly adjacent and contiguous to the City of Fort Collins Municipal Boundary and will consist of 50 ft of contiguity. The total perimeter of the proposed Newton First Annexation is 300 ft, thus the 50 ft of contiguity meets the minimum contiguity requirement of 1/6th the annexation perimeter. Newton Second Annexation takes place after the First Annexation and is adjacent and contiguous to 250 feet of the City of Fort Collins Municipal Boundary. The total perimeter of the proposed Newton Second Annexation is 1195 feet with 250 feet of contiguity which exceeds the minimum contiguity requirement of 1/6th the annexation perimeter, 199.16 feet, in order to be statutorily eligible for annexation. 4(b) Provide a statement indicating that the signers of the petition comprise more than 50% of the landowners in the area and own more than 50% of the area proposed to be annexed. Petitioners Response: The signers of the Petition for Annexation comprise more than 50% of the landowners of the area requesting to be annexed and own more than 50% of the area proposed to be annexed to the City of Fort Collins. 4 (c, d &e) Petitioners signatures, date of petitioners signatures, and affidavit that the petitioners signatures are those of the persons it purports to be. ATTACHMENT 4 Newton Firt & Second Annexation & Zoning Annexation Petition Supplemental Information Petitioners Response: c, d, & e are provided as part of the executed Annexation Petition 4 (f) Provide a request of the City of Fort Collins to approve the Annexation and Zoning as indicated. Petitioners Response: The Signers of the Annexation and Zoning Petition hereby request the City of Fort Collins to Annex and Zone the property as indicated in the attached Petition for Annexation, dated May 19, 2 0 I7. 4 (g) Provide a statement as to why it is necessary and desirable for the City of Fort Collins to annex the area. Petitioners Response: The proposed annexation area is within the City of Fort Collins Growth Management Area and is more than 1/6th contiguous to the City's current municipal boundary. Based on the City’s Comprehensive Master Plan and Intergovernmental Agreement with Larimer County the property is required to be annexed prior to any development occurring. It is also desirable for the City to annex the property in order to fully achieve the stated goals and objectives of the City's Comprehensive Master Plan and the City's Structure Plan for the Urban Estate Neighborhood. 4 (h) Provide a description of the zoning classification being requested and any conditions requested for that zone district classification. Petitioners Response: The Petitioners request that the property be placed in the UE-Urban Estate Zoning District pursuant to the City’s Land Use Code. No conditions for the zoning districts are being requested. 4(i) A statement of consistency of the requested zoning to the City's Structure Plan. Petitioners Response: The City of Fort Collins Structure Plan indicates the property is within the Urban Estate Neighborhood and the UE-Urban Estate Zoning District is the mechanism to achieve the intended goals and objectives of the Urban Estate Neighborhood. 5. Provide a Statement of Principles and Policies and consistency with the City Structure Plan being achieved by zoning of the property to the district being proposed by the applicant. Petitioners Response: The proposed zoning, Urban Estate (UE), is consistent with the City’s Structure Plan which identifies the property as an Urban Estate Zone District. As such the City's intended vision and goals for the Urban Estate (UE) neighborhood shall be achieved through the guidance and direction provided by the zoning districts limited Permitted Uses and Land Use/Development Standard. The Urban Estate Zoning District shall serve as a transition zone between more intense urban level development and densities located to the southeast and rural residential or open lands located north and west of the property. 6. Provide a list of names, addresses and phone numbers of any retailers located within the boundaries of the annexation. Petitioners Response: Not applicable. ATTACHMENT 5 -1- RESOLUTION 2017-082 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE NEWTON SECOND ANNEXATION WHEREAS, pursuant to Resolution 2017-067, annexation proceedings were initiated by the City Council for property to be known as the Newton Second Annexation (the “Property”); and WHEREAS, following notice given as required by law, the City Council held a hearing on said annexation on September 5, 2017. 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 finds that the petition for annexation of the Property complies with the Municipal Annexation Act (the “Act”), Section 31-12-101, et seq., Colorado Revised Statutes. Section 3. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the Property proposed to be annexed; that a community of interest exists between the Property proposed to be annexed and the City; that said Property is urban or will be urbanized in the near future; and that the Property is integrated with or is capable of being integrated with the City. Section 4. That the City Council further determines that the applicable parts of the Act have been met, that an election is not required under the Act, and that there are no other terms and conditions to be imposed upon said annexation. Section 5. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with the Act. Section 6. That the City Council concludes that the Property is eligible for annexation to the City and should be so annexed. -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of September, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ Chief Deputy City Clerk -1- ORDINANCE NO. 123, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE NEWTON SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2017-067, finding substantial compliance and initiating annexation proceedings for the Newton Second Annexation, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2017-082 setting forth findings of fact and determinations regarding the Newton Second Annexation is being 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 Newton Second Annexation (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 2017-067 and Resolution 2017-082 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 PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER , STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS : BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, ASSUMED TO BEAR S89°02'48"E. COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., THENCE ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3, S89°02'48"E A DISTANCE OF 264.53 FEET; THENCE DEPARTING SAID SECTION LINE, N00°57'12"E A DISTANCE OF 30.00 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF VINE DRIVE, THE NORTHERLY LINE OF THE LINCOLN JUNIOR HIGH SCHOOL SECOND ANNEXATION , AND THE WESTERLY LINE OF NEWTON FIRST ANNEXATION , SAID POINT BEING THE POINT OF BEGINNING; -2- THENCE DEPARTING SAID LINES THE FOLLOWING FIVE (5) COURSES: 1. N00°49'22"E A DISTANCE OF 60.00 FEET; 2. N89°02'48'W A DISTANCE OF 150.00 FEET; 3. N00°49'22"E A DISTANCE OF 300.00 FEET; 4. S89°02'48"E A DISTANCE OF 200.00 FEET; 5. S00°49'22'W A DISTANCE OF 360.00 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF VINE DRIVE, THE NORTHERLY LINE OF THE LINCOLN JUNIOR HIGH SCHOOL SECOND ANNEXATION, AND THE EASTERLY LINE OF NEWTON FIRST ANNEXATION; THENCE ON SAID EASTERLY LINE, N10°35'02'W A DISTANCE OF 125.00 FEET; THENCE ON THE WESTERLY LINE OF SAID NEWTON FIRST ANNEXATION, S12°29'25'W A DISTANCE OF 125.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 59,938 SQUARE FEET OR 1.3760 ACRES is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Newton Second Annexation, 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 5th day of September, A.D. 2017, and to be presented for final passage on the 19th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Chief Deputy City Clerk -3- Passed and adopted on final reading on the 19th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk