HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/06/2018 - ITEMS RELATING TO THE WATER TREATMENT FACILITY ANN (3)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.
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.
Agenda Item 18
Item # 18 Page 3
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. 4 Vicinity Map (PDF)
3. Growth Management Area County Commissioner Notice (PDF)
4. Larimer County Response (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
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Planning, Development &
Transportation Services
Planning Services
281 North College Ave.
P.O. Box 580
Fort Collins, CO 80522-0580
NOTICE
October 17, 2017
Dear County Commissioners,
Pursuant to Larimer County and the City of Fort Collins Intergovernmental Agreements, Section
1, Subsection 8(F) the City of Fort Collins hereby provides notice to the County Commissioners
of the City’s intent to annex outside the Growth Management Area.
The Water Treatment Facility Annexations are part of a project that will allow the Facility to
construct a reliable underground electric power to be supplied by Fort Collins Utilities – Light
and Power Department.
A copy of this annexation has already been provided to Larimer County Planning Department on
September 25, 2017. First round of review ended on October 11, 2017; however, any additional
comments may be submitted before the scheduled, November 21, 2017 First Hearing.
Sincerely,
Kai Kleer
Associate Planner
970-416-4284
kkleer@fcgov.com
ATTACHMENT 3
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C:\Users\sagonzales\AppData\Roaming\IQM2\MinuteTraq\fortcollinscityco@fortcollinscityco.IQM2.com\Work\Attachments\11862.
doc
November 22, 2017
Kai Kleer
City of Fort Collins
Planning Department
PO Box 580
Ft. Collins CO 80522
RE: Water Treatment Facility Annexations No. 1, 2, 3 and 4
Kai,
This letter acknowledges receipt of the Petition for the above proposed annexation to the
City of Fort Collins. This week, staff from the Larimer County Planning, Engineering
and Health Departments met to review these materials.
We have no issues with this annexation proposal.
Please contact me in you have any questions, 498-7680, or email dkunis@larimer.org.
Sincerely,
Dan Kunis
GIS Specialist
Larimer County Planning Department
498-7680
COMMUNITY DEVELOPMENT DIVISION
P.O. Box 1190
Fort Collins, CO 80522-1190
Planning (970) 498-7683 Planning Fax (970) 498-7711
Building (970) 498-7700 Building Fax (970) 498-7667
http://www. larimer.org/building
ATTACHMENT 4
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RESOLUTION 2018-012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE WATER TREATMENT FACILITY ANNEXATION NO. 4
WHEREAS, pursuant to Resolution 2017-110, annexation proceedings were initiated by
the City Council for property to be known as the Water Treatment Facility Annexation No. 4 (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. 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
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BOOK 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.
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CONTAINING 102.825 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. 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
ELEMENTARY IRISH
POUDRE SR HIGH
COMMUNITY POUDRE
ACADEMY
ADMINISTRATION PSD
ROGERS PARK
Laporte Ave
W Mulberry St
S Overland Trl
N Overland Trl
W Vine Dr
0 500000 1,000 2,
Feet
4 Fort Collins GMA
Annexation No. 4
Water Treatment Facility Annexation No. 4
Annexation No. 4
Date Saved: 1/12/2018 2:42:40 PM
Sunset St
Growth Management Area Boundary
ATTACHMENT 2