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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/19/2018 - SECOND READING OF ORDINANCE NO. 073, 2018 ANNEXINGAgenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY June 19, 2018 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 073, 2018 Annexing Property Known as the Aweida Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on June 5, 2018, annexes an area of approximately 0.862 acres in southwest Fort Collins. The property is situated on the southwest corner of the South Taft Hill Road and West County Road 38E intersection. The Initiating Resolution was adopted on the consent agenda on April 17, 2018. 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, June 5, 2018 (w/o attachments) (PDF) 2. Ordinance 073, 2018 (PDF) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Items Relating to the Aweida Annexation. EXECUTIVE SUMMARY A. Resolution 2018-055 Setting Forth Findings of Fact and Determinations Regarding the Aweida Annexation. B. Public Hearing and First Reading of Ordinance No. 073, 2018, Annexing the Property Known as the Aweida Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex an area of approximately 0.862 acres in southwest Fort Collins. The property is situated on the southwest corner of the South Taft Hill Road and West County Road 38E intersection. The Initiating Resolution was adopted on the consent agenda on April 17, 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 Contiguity The subject property gains the required one-sixth contiguity to existing City limits from a common boundary with the Horsetooth-Harmony West Annexation (Ordinance No. 068, 1980). The minimum contiguous boundary is 135.39 feet, based on the total perimeter boundary of 810.74 feet. The proposed annexation includes a contiguous boundary of 162.20 feet, thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing city boundary. Enclave Implications Annexing this 0.862-acre parcel 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 9 Item # 9 Page 2 BOARD / COMMISSION RECOMMENDATION At its May 17, 2018, regular meeting, the Planning and Zoning Board voted 4-0 (the Board Chair recused himself) to recommend approval of the annexation. Further, the Board recommended that the property be placed into the Low Density Mixed Use Neighborhood (L-M-N) zone district. This action was taken as part of the Board’s consent agenda; therefore, there are no minutes. PUBLIC OUTREACH A neighborhood meeting was held on March 22, 2018, that was attended by six residents from the notification area. Staff received mixed feedback from participants either in support for the annexation and future development project, concerns of potential impacts of the future development project, and the potential for a future annexation that includes a larger area. ATTACHMENTS 1. Vicinity map (PDF) 2. Annexation map (PDF) 3. Annexation Petition (PDF) 4. Neighborhood Meeting Summary, March 22, 2018 (PDF) -1- ORDINANCE NO. 073, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE AWEIDA ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2018-036, finding substantial compliance and initiating annexation proceedings for the Aweida Annexation, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2018-055 setting forth findings of fact and determinations regarding the Aweida 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 Aweida 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- 036 and Resolution 2018-055 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 parcel of land situated in the East Half of Section 33, Township 7 North, Range 69 West of the 6th P.M., being more particularly described as follows: Considering the East line of the Southeast Quarter of said Section 33 as bearing South 00°06'18" East and with all bearings contained herein relative thereto: BEGINNING at the East Quarter corner of said Section 33; thence along the East line of the Southeast Quarter of said Section 33, said line also being the West line of the Horsetooth - Harmony West Annexation to the City of Fort Collins as recorded at Book 1873, Page 735 Larimer County Clerk and Recorder, South 00°06'18" East, 162.20 feet; thence departing said line, South 89°53'42" West, 30.95 feet to a point on the West right of way line of South Taft Hill Road; thence along the South line of a parcel of land recorded at Reception No. 20160052454 Larimer County Clerk and Recorder, South 89°53'33" West, 152.83 feet; thence along the West line of said parcel of land, North 00°11'50" East, 131.75 feet; thence departing said line, North 00°15’33” West, 59.96 feet to a point on the South line of a parcel of land recorded at Reception No. 20070027078 Larimer County Clerk and Recorder; thence along said line, North 89°44’26” East, 98.37 feet to the Southwest corner of a parcel of land recorded at Reception No. 20060042003 Larimer -2- County Clerk and Recorder; thence along said parcel the following four (4) courses and distances, North 00°08’23” East, 20.00 feet; thence, North 89°44’27” East, 20.00 feet; thence, North 00°00’00” East, 10.00 feet; thence, North 89°44’29” East, 15.02 feet to a point on the West right of way line of South Taft Hill road; thence departing said line, South 89°51’37” East, 50.00 feet to point on the East line of the Northeast Quarter of Section 33; thence, South 00°08’23” West, 59.65 feet to the Point of Beginning. The above described tract of land contains 37,537 square feet or 0.862 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 Aweida 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 June, A.D. 2018, and to be presented for final passage on the 19th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of June, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk