HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/17/2017 - RESOLUTION 2017-093 FINDING SUBSTANTIAL COMPLIANCEAgenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY October 17, 2017
City Council
STAFF
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
Resolution 2017-093 Finding Substantial Compliance and Initiating Annexation Proceedings for the Water
Treatment Facility Annexation No. 2.
EXECUTIVE SUMMARY
The purpose of this item is to initiate annexation proceedings for the Water Treatment Facility Annexation No.
2. This is a voluntary annexation. The City of Fort Collins is the applicant and has submitted a written petition
requesting four sequential annexations. Water Treatment Facility Annexation No. 2 is the second Resolution of
this series of four sequential annexations, and totals 0.380 acres of Laporte Avenue which establishes 1/6
perimeter boundary contiguity with the Water Treatment Facility Annexation No. 1.
The Water Treatment Facility Annexations form a flagpole-shaped annexation starting slightly east of the
intersection of Sunset Street and Laporte Avenue and ending at 4316 Laporte Avenue. The requested zoning
for this annexation is Urban Estate (UE) and Residential Foothills (RF) which is in compliance with the City of
Fort Collins Structure Plan and the Northwest Subarea Plan.
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.
BACKGROUND / DISCUSSION
The proposed Resolution makes a finding that the petition substantially complies with the Municipal
Annexation Act, determines that a hearing should be established regarding the annexation, and directs that
notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and
zoning ordinances. Not less than thirty days of prior notice is required by state law.
The property is located within the Fort Collins Growth Management Area. According to policies and
agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental
Agreement for the Fort Collins Growth Management Area, the City agrees to consider annexation of property
in the GMA when the property is eligible for annexation according to State law.
The 0.380-acre Water Treatment Facility Annexation No. 2 total contiguous perimeter is 17.65% which
satisfies the one-sixth (1/6) area required. Contiguity is gained from Water Treatment Facility Annexation No. 1
(0.101 acres).
Agenda Item 9
Item # 9 Page 2
CITY FINANCIAL IMPACTS
This annexation is not expected to have any financial impacts to the City of Fort Collins.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its
regular monthly meeting on November 16, 2017, and will make its recommendation at that time. The Board’s
recommendation will be forwarded to the City Council in time for First Reading of the annexation and zoning
ordinances on November 21, 2017. Also, as noted, this is a voluntary annexation.
PUBLIC OUTREACH
There was no public outreach for this Initiating Resolution as this Resolution simply accepts the Annexation
Petition and provides a schedule for upcoming Council hearings with a schedule and notification requirements
that comply with state statues.
ATTACHMENTS
1. Location Map (PDF)
2. Water Treatment Facility Annexation No.2 (PDF)
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Laporte Ave
W Vine Dr
S Overland Trl
N Overland Trl
ELEMENTARY IRISH
POUDRE SR HIGH
COMMUNITY POUDRE
ACADEMY
ADMINISTRATION PSD
ROGERS PARK
0 550200 1,100 2,Feet
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Water Treatment Facility Annexation No. 1, 2, 3, and 4
Annexation No. 3
Annexation No. 4
Annexation No. 2
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 1
COMMUNITY POUDRE
ACADEMY
ADMINISTRATION PSD
0 65 130 260 Feet
4
Water Treatment Facility Annexation No. 2
Annexation No. 2
Document Path: S:\CDNS\Planning\Current Planning\Annexations\Water Date Treatment Saved: 10/Facility\2/2017 GIS\7:58:Map.28 mxd AM
Laporte Ave
Sunset St Sunset St
ATTACHMENT 2
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RESOLUTION 2017-093
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR THE
WATER TREATMENT FACILITY ANNEXATION NO. 2
WHEREAS, a written petition, together with four (4) prints of an annexation map, has
been filed with the City Clerk requesting the annexation of certain property to be known as the
Water Treatment Facility Annexation No. 2, as more particularly described below; and
WHEREAS, the City Council desires to initiate annexation proceedings for the Water
Treatment Facility Annexation No. 2 in accordance with the Municipal Annexation Act, Section
31-12-101, et seq., Colorado Revised Statutes.
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 accepts the annexation petition for the Water
Treatment Facility Annexation No. 2, more particularly described as situate in the County of
Larimer, State of Colorado, to wit:
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;
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 N86°27'28"W, A DISTANCE OF 700.00 FEET;
THENCE N88°37'40"E, A DISTANCE OF 699.44 FEET TO THE POINT OF
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INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE
AND THE WESTERLY BOUNDARY OF WATER TREATMENT FACILITY
ANNEXATION NO. 1;
THENCE ALONG SAID WESTERLY BOUNDARY, S79°31'38"W, A DISTANCE OF
149.72 FEET;
THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY, S77°23'52"E, A
DISTANCE OF 150.27 FEET TO THE POINT OF BEGINNING.
CONTAINING 16,563 SQUARE FEET (0.380 ACRES), MORE OR LESS.
Section 3. That the City Council hereby finds and determines that the annexation
petition for the Water Treatment Facility Annexation No. 2 is in substantial compliance with the
Municipal Annexation Act in that the annexation petition contains the following:
(1) An allegation that it is desirable and necessary that such area be annexed to the
municipality;
(2) An allegation that the requirements of Colorado Revised Statutes sections 31-12-
104 and 31-12-105 exist or have been met;
(3) An allegation that the signers of the petition comprise more than fifty percent of
the landowners in the area and own more than fifty percent of the area proposed to be
annexed, excluding public streets and alleys and any land owned by the annexing
municipality;
(4) The signatures of such landowners;
(5) A request that the annexing municipality approve the annexation of the area proposed
to be annexed;
(6) The mailing address of each such signer;
(7) The legal description of the land owned by such signer;
(8) The date of signing of each signature; and
(9) The affidavit of the circulator of such petition that each signature therein is the
signature of the person whose name it purports to be.
Section 4. That the City Council hereby finds and determines that the annexation
map, four copies total, accompanying the annexation petition for the Water Treatment Facility
Annexation No. 2 is in substantial compliance with the Municipal Annexation Act in that the
map contains the following:
(1) A written legal description of the boundaries of the area proposed to be annexed;
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(2) A map showing the boundary of the area proposed to be annexed;
(3) Within the annexation boundary map, a showing of the location of each ownership
tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat
numbers of plots or of lots and blocks; and
(4) Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the annexing municipality and the contiguous boundary of any
other municipality abutting the area proposed to be annexed.
Section 5. That the Notice attached hereto as Exhibit “A” is hereby adopted as a part
of this Resolution. Said Notice establishes the date, time and place when a public hearing will be
held regarding the passage of annexation and zoning ordinances pertaining to the above
described property. The City Clerk is directed to publish a copy of this Resolution and said
Notice as provided in the Municipal Annexation Act.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
17th day of October, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
NOTICE
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted
Resolution 2017-093 initiating annexation proceedings for the Water Treatment Facility
Annexation No. 2, consisting of approximately .380 acres of Laporte Avenue and generally
starting east of and adjacent to the intersection of Sunset Street and Laporte Avenue and ending
west of the intersection of Sunset Street and Laporte Avenue, said Annexation being more
particularly described in Resolution 2017-093.
That, on November 21, 2017, 2017, at the hour of 6:00 p.m., or as soon thereafter as the
matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue,
Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the
annexation petition and zoning request for the purpose of finding and determining whether the
property proposed to be annexed meets the applicable requirements of Colorado law and is
considered eligible for annexation and for the purpose of determining the appropriate zoning for
the property included in the Annexation. At such hearing, any persons may appear and present
such evidence as they may desire.
The Petitioner has requested that the Property included in the Annexation be placed in the
Urban Estate (“U-E”) and Residential Foothills (“R-F”) Zone Districts.
The City of Fort Collins will make reasonable accommodations for access to City
services, programs and activities and will make special communication arrangements for persons
with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Dated this 17th day of October, A.D. 2017.
_______________________________
City Clerk
EXHIBIT A