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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/19/2017 - SECOND READING OF ORDINANCE NO. 123, 2017, ANNEXINAgenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY September 19, 2017 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 123, 2017, Annexing the Property Known as the Newton Second Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on September 5, 2017, annexes 1.3760 acres located at 1516 W Vine Drive in-between North Shields Street and North Taft Hill Road. The Newton Second Annexation is the second of two sequential annexations, which are as follows: Newton First - 0.0703 acres; Newton Second - 1.3760 acres; Newton Annexation total area: 1.4463 acres. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 5, 2017 (w/o attachments) (PDF) 2. Ordinance No. 123, 2017 (PDF) Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY September 5, 2017 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Items Relating to the Newton Second Annexation. EXECUTIVE SUMMARY A. Resolution 2017-082 Setting Forth Findings of Fact and Determinations Regarding the Newton Second Annexation. B. Public Hearing and First Reading of Ordinance No. 123, 2017, Annexing the Property Known as the Newton Second Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 1.3760 acres located at 1516 W Vine Drive in-between N. Shields Street and N. Taft Hill Road. The Initiating Resolution was adopted on consent, July 18, 2017. The Newton Second Annexation is the second of two sequential annexations, which are as follows: Newton First - 0.0703 acres; Newton Second - 1.3760 acres; Newton Annexation total area: 1.4463 acres. 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 on two sides with the Newton First Annexation 2017. As a result, there is 18.94% of the total perimeter contiguous to the newly established municipal boundary which exceeds the required minimum (16.66%). Enclave Implications Annexing the1.3760-acre area 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. ATTACHMENT 1 Agenda Item 16 Item # 16 Page 2 BOARD / COMMISSION RECOMMENDATION At its July 20, 2017, regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of the annexation. Further, the Board recommended that parcel be placed into the Urban Estate (UE), zone district. This unanimous action was taken as part of the Board’s consent agenda; therefore, there are no minutes. PUBLIC OUTREACH Given that this is a 100% voluntary annexation, there was no neighborhood meeting for this annexation and zoning. This is a 100% voluntary annexation. Please note, however, that all required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Annexation Narrative (PDF) 5. Annexation Petition (PDF) -1- ORDINANCE NO. 123, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE NEWTON SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2017-067, finding substantial compliance and initiating annexation proceedings for the Newton Second Annexation, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2017-082 setting forth findings of fact and determinations regarding the Newton Second Annexation is being 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 Newton Second 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 2017-067 and Resolution 2017-082 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 PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER , STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS : BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, ASSUMED TO BEAR S89°02'48"E. COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., THENCE ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3, S89°02'48"E A DISTANCE OF 264.53 FEET; THENCE DEPARTING SAID SECTION LINE, N00°57'12"E A DISTANCE OF 30.00 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF VINE DRIVE, THE NORTHERLY LINE OF THE LINCOLN JUNIOR HIGH SCHOOL SECOND ANNEXATION , AND THE WESTERLY LINE OF NEWTON FIRST ANNEXATION , SAID POINT BEING THE POINT OF BEGINNING; -2- THENCE DEPARTING SAID LINES THE FOLLOWING FIVE (5) COURSES: 1. N00°49'22"E A DISTANCE OF 60.00 FEET; 2. N89°02'48'W A DISTANCE OF 150.00 FEET; 3. N00°49'22"E A DISTANCE OF 300.00 FEET; 4. S89°02'48"E A DISTANCE OF 200.00 FEET; 5. S00°49'22'W A DISTANCE OF 360.00 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF VINE DRIVE, THE NORTHERLY LINE OF THE LINCOLN JUNIOR HIGH SCHOOL SECOND ANNEXATION, AND THE EASTERLY LINE OF NEWTON FIRST ANNEXATION; THENCE ON SAID EASTERLY LINE, N10°35'02'W A DISTANCE OF 125.00 FEET; THENCE ON THE WESTERLY LINE OF SAID NEWTON FIRST ANNEXATION, S12°29'25'W A DISTANCE OF 125.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 59,938 SQUARE FEET OR 1.3760 ACRES is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Newton Second 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 September, A.D. 2017, and to be presented for final passage on the 19th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Chief Deputy City Clerk -3- Passed and adopted on final reading on the 19th day of September, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk