HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/06/2018 - SECOND READING OF ORDINANCE NO. 126, 2018, ANNEXINAgenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY November 6, 2018
City Council
STAFF
Ted Shepard, Chief Planner
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 126, 2018, Annexing the Property Known as the Sanctuary on the Green
Annexation to the City of Fort Collins, Colorado.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on October 16, 2018 annexes 16.98 acres. The site is
located generally at the northwest corner of North Taft Hill Road and LaPorte Avenue and addressed as 325
North Taft Hill Road. The New Mercer Canal forms the western boundary. This is a voluntary annexation. The
Initiating Resolution was adopted on September 4, 2018.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, October 16, 2018 (w/o attachments) (PDF)
2. Ordinance No. 126, 2018 (PDF)
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY October 16, 2018
City Council
STAFF
Ted Shepard, Chief Planner
Brad Yatabe, Legal
SUBJECT
Items Relating to the Sanctuary on the Green Annexation.
EXECUTIVE SUMMARY
A. Resolution 2018-096 Setting Forth Findings of Fact and Determinations Regarding the Sanctuary on the
Green Annexation.
B. Public Hearing and First Reading of Ordinance No. 126, 2018, Annexing the Property Known as the
Sanctuary on the Green Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to annex 16.98 acres. The site is located generally at the northwest corner of North
Taft Hill Road and LaPorte Avenue and addressed as 325 North Taft Hill Road. The New Mercer Canal forms
the western boundary. This is a voluntary annexation. The Initiating Resolution was adopted on September 4,
2018.
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
The property is located within the Fort Collins Growth Management Area (GMA). According to policies and
agreements between the City of Fort Collins and Larimer County contained in the (1) Intergovernmental
Agreement for the Fort Collins Growth Management Area, and (2) the Northwest Subarea Plan, the City will
agree to consider annexation of property in the GMA when the property is eligible for annexation according to
State law.
Contiguity
The subject property gains the required one-sixth contiguity to existing City limits from common boundaries in
the following manner:
North: Vine-LaPorte-Taft 2nd Annexation 1982
South: West LaPorte Avenue 3rd Annexation 1970
West: Vine-LaPorte-Taft Annexation 1982
In compliance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer
COPY
Agenda Item 7
Item # 7 Page 2
County, the City agrees to consider annexing parcels that are within the Growth Management Area and are
contiguous to the municipal boundary. Of the total perimeter boundary, the annexation has 65.39% contiguity
thus exceeding the necessary one-sixth (16.66%) contiguity. Because of the location within an area
characterized as being mostly residential, the parcel will be placed into the Residential Neighborhood Sign
District.
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.
The surrounding zoning and land uses are as follows:
North: L-M-N Bellwether Farm / West Vine Bungalows, Residential
South: L-M-N Existing Residential
South: County Existing Residential
East: County Existing Residential and Place of Worship
West: L-M-N Vacant
Northwest Subarea Plan
The parcel is located within the Northwest Subarea Plan, adopted in 2006, which covers 4.3 square miles in the
general area between Mulberry Street, Overland Trail, County Road 50 and Shields Street. The Plan was jointly
adopted by both the City of Fort Collins and Larimer County. The Plan states:
“Where it Applies: The Framework Plan designates the area generally east of Sunset Street and south
of Vine Drive as Low Density Mixed-Use Residential. Some lands are currently in City limits and have
City zoning; others are in unincorporated Larimer County and would be zoned by the City if and when
they are annexed (i.e. when development is proposed). The intent is to ensure that future development
is compatible with the integrity and density of existing neighborhoods, as determined by location and
infill parcel size. Future development density may be up to 8 units per acre overall (or up to 12 units per
acre for affordable housing).” (Page 15.)
Findings
A. The property meets the eligibility requirements included in State law to qualify for a voluntary
annexation to the City of Fort Collins. Contiguity is achieved on three sides with 65.39% of the total
perimeter boundary being contiguous which exceeds the minimum required 16.66%.
B. The annexation of this area is consistent with the policies and agreements between Larimer County
and the City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Growth
Management Area.
C. On September 4, 2018, the City Council adopted Resolution 2018-080 that accepted the annexation
petition and determined that the petition was in compliance with state law. The Resolution also
initiated the annexation process for the property by establishing the date, time and place when a
City Council public hearing would be held regarding the readings of the future Ordinances annexing
and zoning the area.
D. Since the parcel is located in an area that is mostly characterized as residential, Staff recommends
that the parcel be included in the Residential Neighborhood Sign District.
Enclave Implications
Annexing this 16.98-acre parcel does not create an enclave.
COPY
Agenda Item 7
Item # 7 Page 3
CITY FINANCIAL IMPACTS
There are no direct financial impacts as a result of the proposed annexation.
BOARD / COMMISSION RECOMMENDATION
At its September 20, 2018 regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval
of the annexation. In addition, the Board recommended that the parcel be placed within the Residential
Neighborhood Sign District.
Two citizens addressed the Board at the public hearing.
One citizen expressed support for the proposed zoning of L-M-N, Low Density Mixed-Use Neighborhood.
Another citizen expressed a concern about the safety procedures for a practice burn of the former house
conducted by the Poudre Fire Authority back on May 22, 2018. The Poudre Fire Authority provided a written
response to this citizen on September 25, 2018 addressing all the concerns. (Attachment 7)
PUBLIC OUTREACH
A neighborhood information meeting was held on June 13, 2018. At this meeting, the following entitlement
procedures were presented and discussed:
Annexation of the subject parcel
Zoning of the subject parcel
Potential development of the subject parcel plus the adjoining property to the west. Combined, these two
parcels include approximately 41 acres
An Overall Development Plan which would allow the 41 acres to be developed in phases
A Project Development Plan for the first phase.
While the annexation of the subject parcel was not controversial per se, a variety of other concerns were raised
about the nature and extent of future development. The applicant is in the process of meeting with interested
neighbors and addressing these issues on a pre-submittal basis.
ATTACHMENTS
1. Vicinity Map (PDF)
2. Annexation Plat (PDF)
3. Area Map (PDF)
4. Structure Plan (PDF)
5. Annexation Petition (PDF)
6. Zoning Map (PDF)
7. Letter from Poudre Fire Authority in Response to Questions from Citizen (PDF)
COPY
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ORDINANCE NO. 126, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING THE PROPERTY KNOWN AS THE
SANCTUARY ON THE GREEN ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2018-080, finding substantial compliance and initiating
annexation proceedings for the Sanctuary on the Green Annexation, as defined therein and
described below, was previously adopted by the City Council; and
WHEREAS, Resolution 2018-096 setting forth findings of fact and determinations
regarding the Sanctuary on the Green 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 Sanctuary on the Green 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-
080 and Resolution 2018-096 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 SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 9, AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF LARIMER,
STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 9;
THENCE SOUTH 89°38’45" EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 10, A DISTANCE OF 50.00 FEET TO A POINT ON THE EASTERLY
RIGHT-OF-WAY OF NORTH TAFT HILL ROAD;
THENCE, ALONG SAID EASTERLY RIGHT-OF-WAY, THE FOLLOWING NINE (9) COURSES;
1. SOUTH 06°21’44" WEST, A DISTANCE OF 100.00 FEET;
2. SOUTH 00°37'23" WEST, A DISTANCE OF 318.81 FEET;
3. NORTH 89°22'23" WEST, A DISTANCE OF 10.00 FEET;
4. SOUTH 00°37'23" WEST, A DISTANCE OF 250.00 FEET;
5. SOUTH 89°22'23" EAST, A DISTANCE OF 20.00 FEET;
6. SOUTH 00°37'23" WEST, A DISTANCE OF 474.18 FEET;
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7. NORTH 89°30'07" WEST, A DISTANCE OF 7.50 FEET;
8. SOUTH 00°37'24" WEST, A DISTANCE OF 101.02 FEET;
9. SOUTH 52°54'45" EAST, A DISTANCE OF 61.20 FEET TO A POINT ON THE NORTHERLY RIGHT-
OF-WAY OF LAPORTE AVENUE;
THENCE SOUTH 89°30'06" EAST, ALONG SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 88.28
FEET;
THENCE SOUTH 00°37'23" WEST, A DISTANCE OF 42.50 FEET TO A POINT ON THE SOUTH LINE OF SAID
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10;
THENCE NORTH 89°30'07" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 180.00 FEET TO THE
SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 9;
THENCE NORTH 00°37'23" EAST, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION
9, A DISTANCE OF 380.78 FEET;
THENCE NORTH 89°11'28" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE WESTERLY RIGHT-
OF-WAY OF SAID NORTH TAFT HILL ROAD;
THENCE NORTH 00°37'23" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 210.00
FEET TO A POINT ON THE EASTERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN THE
DOCUMENT RECORDED UNDER RECEPTION NUMBER 20170065218 IN THE RECORDS OF THE
LARIMER COUNTY CLERK AND RECORDER;
THENCE, ALONG THE BOUNDARY OF SAID PARCEL, THE FOLLOWING SEVENTEEN (17) COURSES;
1. NORTH 89°11'28" WEST, A DISTANCE OF 140.00 FEET;
2. SOUTH 00°37'23" WEST, A DISTANCE OF 210.00 FEET;
3. NORTH 89°11'28" WEST, A DISTANCE OF 449.79 FEET;
4. NORTH 07°27'22" WEST, A DISTANCE OF 88.61 FEET;
5. NORTH 05°33'47" EAST, A DISTANCE OF 50.50 FEET;
6. NORTH 28°31'47" EAST, A DISTANCE OF 60.60 FEET;
7. NORTH 53°20'47" EAST, A DISTANCE OF 82.24 FEET;
8. NORTH 49°50'47" EAST, A DISTANCE OF 95.75 FEET;
9. NORTH 32°12'47" EAST, A DISTANCE OF 49.00 FEET;
10. NORTH 14°59'47" EAST, A DISTANCE OF 58.00 FEET;
11. NORTH 01°50'13" WEST, A DISTANCE OF 48.30 FEET;
12. NORTH 45°12'13" WEST, A DISTANCE OF 43.03 FEET;
13. NORTH 78°09'13" WEST, A DISTANCE OF 269.50 FEET;
14. NORTH 51°19'13" WEST, A DISTANCE OF 228.00 FEET;
15. NORTH 59°37'13" WEST, A DISTANCE OF 306.00 FEET;
16. NORTH 30°00'13" WEST, A DISTANCE OF 138.83 FEET, TO A POINT ON THE NORTH LINE OF
SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9;
17. SOUTH 89°09'04" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1204.72 FEET TO A POINT
ON SAID WESTERLY RIGHT-OF-WAY OF NORTH TAFT HILL ROAD;
THENCE CONTINUING SOUTH 89°05'56" EAST, A DISTANCE OF 40.08 FEET TO THE POINT OF
BEGINNING.
CONTAINING AN AREA OF 16.988 ACRES, (739,986 SQUARE FEET), MORE OR LESS
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Sanctuary on the Green Annexation, which annexation shall become effective upon completion of
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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 16th day of
October, A.D. 2018, and to be presented for final passage on the 6th day of November, A.D. 2018.
__________________________________
Mayor
ATTEST:
__________________________
City Clerk
Passed and adopted on final reading on the 6th day of November, A.D. 2018.
__________________________________
Mayor
ATTEST:
__________________________
City Clerk