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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 08/21/2018 - SECOND READING OF ORDINANCE NO. 103, 2018, ANNEXINAgenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY August 21, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 103, 2018, Annexing the Property Known as the East Gateway Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 17, 2018, annexes 1.77 acres of land consisting of three properties into the City of Fort Collins. The properties are located approximately ¼ mile northeast of the Interstate 25 and East Mulberry Street interchange. The annexation will create the East Mulberry Enclave encompassing the East Mulberry Corridor. 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, July 17, 2018 (PDF) 2. Ordinance No. 103, 2018 (PDF) Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY July 17, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Items Relating to the East Gateway Annexation. EXECUTIVE SUMMARY A. Resolution 2018-069 Setting Forth Findings of Fact and Determinations Regarding the East Gateway Annexation. B. Public Hearing and First Reading of Ordinance No. 103, 2018, Annexing the Property Known as the East Gateway Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 1.77 acres of land consisting of three properties into the City of Fort Collins. The properties are located approximately ¼ mile northeast of the Interstate 25 and East Mulberry Street interchange. The annexation will create the East Mulberry Enclave encompassing the East Mulberry Corridor. The Initiating Resolution was adopted on June 5, 2018. 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 The City of Fort Collins has received a written petition requesting annexation of three properties known collectively as the East Gateway Annexation. The annexation area includes three parcels of land that consist of railroad-owned property, a strip of land on the western edge of the Cloverleaf Mobile Home Park, and a triangular-shaped parcel owned by the Colorado Department of Transportation. Contiguity The subject property gains the required one-sixth contiguity to existing City limits from a common boundary on the north and south perimeter with the following annexations: 1. Kirschner Annexation, December 1993 2. Peterson Annexation, July 2006 ATTACHMENT 1 Agenda Item 13 Item # 13 Page 2 3. Interchange Business Park Third Annexation, 2005 4. Interchange Business Park Second Annexation, 2005 As a result, there is 16.71% of the total perimeter contiguous to the existing municipal boundary which exceeds the required minimum (16.66%). Enclave Implications The annexation will create the East Mulberry Enclave which closely coincides with the East Mulberry Corridor Plan boundary adopted in 2002 (updated in 2003). The Plan was developed after a two-year joint planning effort between Larimer County and the City of Fort Collins. Though an enclave will be created after annexation of the subject properties, Colorado Revised Statutes require municipalities to wait three years until annexation can be initiated without property owner consent. Based on the anticipated schedule of the East Gateway Annexation, a future City Council could consider annexation of the East Mulberry Enclave as soon as September 2021. CITY FINANCIAL IMPACTS There are no financial impacts as a result of the proposed 1.77-acre annexation. BOARD / COMMISSION RECOMMENDATION At its May 17, 2018, regular meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation. Further, the Board recommended that the properties be placed into the General Commercial (C-G), Low Density Mixed Use Neighborhood (L-M-N) and Industrial (I) zone districts. (Attachment 4) PUBLIC OUTREACH Staff conducted two open house-style events within the East Mulberry Corridor on April 25th and 26th. Thirty- five (35) individuals signed into the first event which was held at the La Quinta Inn, and twenty-four (24) at the second event held at The Elks Lodge. An estimated twenty additional individuals attended the two events but preferred not to sign in. Four City staff members were available at the open houses to answer questions and have one-on-one and small group conversations with attendees. Materials presented at the open houses included display boards showing the historical evolution of the area, maps displaying the East Mulberry Corridor Plan Framework Plan, the potential enclave area, water and sewer service areas, Southwest Enclave phasing, and attendees were urged to fill out a questionnaire and provide comments. Copies of the East Mulberry Corridor Plan were available as well as a display outlining the City Plan Update process which may have implications for the land use pattern and transportation system within the Corridor. During the open houses, staff underscored four elements: 1. A decision to annex the enclave has not been made and the earliest date that an annexation could be considered is just over three years from now; 2. There will be extensive community engagement prior to the enclave annexation being considered; 3. The annexation will likely occur in phases over an extended period; and 4. A fiscal impact assessment will be conducted in 2019-2020. Additional information about the questionnaire results, community comments, and material presented at the open house meeting can be seen in Attachment 3. All required mailings and postings per Section 2.12 (Annexation of Land) of the Land Use Code have been followed. Agenda Item 13 Item # 13 Page 3 ATTACHMENTS 1. Vicinity Map (PDF) 2. Annexation Petition and Map (PDF) 3. East Mulberry Corridor Enclave Open House Summary (PDF) 4. Planning and Zoning Board minutes, May 17, 2018 (PDF) -1- ORDINANCE NO. 103, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE EAST GATEWAY ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2018-060 finding substantial compliance and initiating annexation proceedings for the East Gateway Annexation, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2018-069 setting forth findings of fact and determinations regarding the East Gateway Annexation 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 East Gateway 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 2018- 060 and Resolution 2018-069 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 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89°23'02"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3" BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, 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 THE SOUTHWEST QUARTER OF SAID SECTION 10, S89°23'02"E, A DISTANCE OF 1,427.40 FEET; THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET; THENCE N69°23'46"W, A DISTANCE OF 89.48 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET); -2- THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N69°23'46"W, A DISTANCE OF 211.18 FEET TO THE MOST WESTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE COLORADO DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED JUNE 11, 2009 AT RECEPTION NO. 20090038617; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT, S89°47'51"E, A DISTANCE OF 193.56 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED APRIL 12, 2002 AT RECEPTION NO. 2002051529; THENCE ALONG SAID WESTERLY BOUNDARY, N00°37'38"E, A DISTANCE OF 2,453.85 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE BNSF RAILWAY; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, N89°02'25"W, A DISTANCE OF 470.00 FEET; THENCE N83°54'03"W, A DISTANCE OF 558.15 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID BNSF RAILWAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE S89°02'25"E, A DISTANCE OF 1,044.00 FEET; THENCE ALONG THE NORTHERLY EXTENSION OF THE TOP BACK OF AN EXISTING CURB, ALONG SAID TOP BACK OF CURB, AND ALONG THE SOUTHERLY EXTENSION OF SAID TOP BACK OF CURB, THE FOLLOWING FIVE (5) COURSES: 1. S00°12'51"W, A DISTANCE OF 920.13 FEET; 2. 34.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°50'52", AND A CHORD WHICH BEARS S04°08'17"W, A DISTANCE OF 34.22 FEET; 3. S08°03'43"W, A DISTANCE OF 96.07 FEET; 4. 31.86 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°18'07", AND A CHORD WHICH BEARS S04°24'40"W, A DISTANCE OF 31.84 FEET; 5. S00°45'36"W, A DISTANCE OF 1,496.03 FEET TO THE POINT OF BEGINNING; CONTAINING 76,962 SQUARE FEET (1.767 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 East Gateway 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. -3- 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 17th day of July, A.D. 2018, and to be presented for final passage on the 21st day of August, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of August, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk