HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/06/2018 - ITEMS RELATING TO THE WATER TREATMENT FACILITY ANN (4)Agenda Item 12
Item # 12 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. 1.
EXECUTIVE SUMMARY
A. Resolution 2018-009 Setting Forth Findings of Fact and Determinations Regarding the Water Treatment
Facility Annexation. No. 1.
B. Public Hearing and First Reading of Ordinance No. 023, 2018, Annexing the Property Known as the Water
Treatment Facility Annexation No. 1 to the City of Fort Collins, Colorado.
The purpose of this item is to annex the first of four sequential tracts of land known collectively as the Water
Treatment Facility Annexations. Water Treatment Facility Annexation No. 1 consists of 0.101-acres of Laporte
Avenue right-of-way and establishes the required 1/6 contiguity with existing City limits. Water Treatment
Facility Annexation No. 1 is located approximately 800 feet west of Poudre High School on Laporte Avenue. 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 located 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.
Agenda Item 12
Item # 12 Page 2
Contiguity
The land within Annexation No. 1 consists of 0.101-acres of Laporte Avenue right-of-way. The land area gains
the required 1/6 contiguity to existing City limits from a common boundary with the southwest edge of the
Mountain View School Annexation (May 1998). Annexation No. 1 has 16.7% of its perimeter boundary
contiguous with existing limits from this common boundary, 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 0.101-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. 1.
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. 1 Vicinity Map (PDF)
3. Memo and Petition (PDF)
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COMMUNITY POUDRE
ACADEMY
POUDRE SR HIGH
ADMINISTRATION PSD
W Vine Dr
S Overland Trl
Laporte Ave
N Overland Trl
0 470880 940 1,
Feet
4 Fort Collins GMA
Water Treatment Facility Annexations
Water Treatmen t Facility Vicinity Annexations No. 1, 2, 3 and 4
Annexation No. 3
Annexation No. 4
Annexation No. 2 Annexation No. 1
Date Saved: 10/17/2017 12:37:48 PM
Sunset St
Growth Management Area Boundary
ATTACHMENT 1
COMMUNITY POUDRE
ACADEMY
ADMINISTRATION PSD
Laporte Ave
0 65 130 260
Feet
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Water Treatment Facility Annexation No. 1
Annexation No. 1
Document Path: S:\CDNS\Planning\Current Planning\Annexations\Water Date Treatment Saved: 10/Facility\2/2017 GIS\7:58:Map.28 mxd AM
ATTACHMENT 2
DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178
ATTACHMENT 3
DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178
DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178
300 LaPorte Ave
Fort Collins CO 80521
DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178
DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178
DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178
DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178
DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178
DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178
DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178
DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178
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RESOLUTION 2018-009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE WATER TREATMENT FACILITY ANNEXATION NO. 1
WHEREAS, pursuant to Resolution 2017-107, annexation proceedings were initiated by
the City Council for property to be known as the Water Treatment Facility Annexation No. 1 (the
“Property”); and
WHEREAS, following notice given as required by law, the City Council will hold a
hearing on said annexation on February 6, 2018.
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.
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of February, A.D. 2018.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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ORDINANCE NO. 023, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING THE PROPERTY KNOWN AS THE WATER TREATMENT FACILITY
ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2017-107, finding substantial compliance and initiating
annexation proceedings for the Water Treatment Facility Annexation No. 1, as defined therein
and described below, was previously adopted by the City Council; and
WHEREAS, Resolution 2018-009 setting forth findings of fact and determinations
regarding the Water Treatment Facility Annexation No. 1 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. 1 (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
2017-107 and Resolution 2018-009 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, SAID POINT BEING THE POINT OF BEGINNING;
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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;
THENCE N77°23'52"W, A DISTANCE OF 150.27 FEET;
THENCE N79°31'38"E, A DISTANCE OF 149.72 FEET TO THE POINT OF
INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE
AND THE WEST BOUNDARY OF SAID MOUNTAIN VIEW SCHOOL
ANNEXATION;
THENCE ALONG SAID WEST BOUNDARY, S00°33'03"W, A DISTANCE OF 30.00
FEET TO THE POINT OF BEGINNING.
CONTAINING 4,409 SQUARE FEET (0.101 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. 1, 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
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Passed and adopted on final reading on the 20th day of February, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk