HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/05/2017 - RESOLUTION 2017-059 FINDING SUBSTANTIAL COMPLIANCEAgenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY July 5, 2017
City Council
STAFF
Pete Wray, Senior City Planner
SUBJECT
Resolution 2017-059 Finding Substantial Compliance and Initiating Annexation Proceedings for the Interstate
Land Holdings Annexation.
EXECUTIVE SUMMARY
The purpose of this item is to determine substantial compliance and initiate annexation proceedings for the
Interstate Land Holdings Annexation. The Interstate Land Holdings Annexation project represents an
annexation to bring two properties and State highway right-of-way totaling 12.2 acres, located on the northwest
corner of the I-25 and State Highway 392 intersection, into Fort Collins municipal boundaries.
The requested zoning for this annexation is General Commercial (C-G) for the Interstate Land Holdings
properties and right-of-way, and Public Open Lands (P-O-L) for the City-owned property. The requested
zoning districts are in compliance with the City of Fort Collins Structure Plan and the Fossil Creek Reservoir
Area Plan Maps. A specific project development plan proposal is not included with the annexation application.
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 of the hearing be given. The hearing will be held at the time of First Reading of the annexation and
zoning ordinances; not less than thirty days’ prior notice is required by state law.
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 Agreement Regarding Growth Management.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Interstate Land Holdings Annexation includes one parcel owned by Interstate Land Holdings, LLC, one
parcel owned by the City of Fort Collins, and right-of-way owned by the Colorado Department of Transportation
(CDOT). A portion of the CDOT frontage road in between the properties, as well as the portion of State
Highway 392 to the south, is included in the annexation to provide a continuity of service for the City of Fort
Collins.
The requested zoning for this annexation includes the C-G District for the Interstate Land Holdings property
(Lot 2) and CDOT right-of-way, and the P-O-L District for the City-owned parcel (Lot 3). (Lot 1 of the
Interstate Holdings MLD is not included in the annexation.) The requested zoning is consistent with the City of
Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan Maps.
Agenda Item 15
Item # 15 Page 2
The properties are bordered by Fossil Creek Regional Open Space and Swede Lake on the west side,
Interstate 25 to the east, State highway 392 to the south, and commercial properties to the north. The I-25
Frontage Road divides the properties. The property is currently zoned T-Tourist in Larimer County.
This is a 100% voluntary annexation for a property located within the Growth Management Area (GMA).
According to policies and agreements contained in the Larimer County and City of Fort Collins
Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA when the
property is eligible for annexation according to State law.
The Interstate Land Holdings Annexation gains the required 1/6 contiguity to existing city limits from a common
boundary with the Fossil Creek Reservoir and the Fossil Creek Reservoir Open Space Annexation (Ordinance
No. 054, 2008) and the Fossil Creek 392 Annexation (Ordinance No.139, 2009), thus satisfying the
requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing city boundary.
CITY FINANCIAL IMPACTS
The annexation and zoning will not result in any initial direct significant financial/economic impacts. Electric
service will be transferred from Poudre Valley REA to Fort Collins Light and Power over a period of time. The
Poudre Valley REA Service Rights Fees will apply for ten years after electric service is transferred to Fort
Collins Utilities. Future development will also trigger the transition from Larimer County Sherriff enforcement to
Fort Collins Police Services. The provision of water and wastewater utility services will continue to be provided
by the Fort Collins/Loveland Water District and South Fort Collins Sanitation District.
In accordance with the May 2013 Amended Intergovernmental Agreement, the City of Fort Collins and the
Town of Windsor will share the property tax increment and sales tax increment generated by properties and
businesses located within the boundaries of the Corridor Activity Center.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request on
July 20, 2017. The Board’s recommendation will be forwarded to City Council as part of the First Reading of
the annexation and zoning ordinances on August 15, 2017.
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 statutes.
ATTACHMENTS
1. Vicinity Map (PDF)
2. Zoning Map (PDF)
3. Structure Plan Map (PDF)
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City Limits - Area
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Fossil Creek Reservoir
Annexation Area
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Interstate Land Holdings Annexation
Structure Plan Map
Legend
GMA
Structure Plan
Land Use
Downtown District
Community Commercial District
Commercial Corridor District
Neighborhood Commercial District
Employment District
Industrial District
Campus District
Urban Estate
Low Density Mixed-Use Neighborhoods
Medium Density Mixed-Use Neighborhoods
Rural Lands
Foothills
Community Separator
Open Lands, Parks and Stream Corridors
Poudre River
Adjacent Planning Areas
Interstate 25
State Highway 392
S County Road 5
Annexation Area
ATTACHMENT 3
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RESOLUTION 2017-059
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION
PROCEEDINGS FOR THE INTERSTATE LAND HOLDINGS ANNEXATION
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
Interstate Land Holdings Annexation, as more particularly described below; and
WHEREAS, the City Council desires to initiate annexation proceedings for the Interstate
Land Holdings Annexation 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
Interstate Land Holdings Annexation, more particularly described as situate in the County of
Larimer, State of Colorado, to wit:
A tract of land located in the Southwest Quarter of Section 15 and the Northwest Quarter
of Section 22, Township 6 North, Range 68 West of the 6th P.M., County of Larimer, State of
Colorado, and being more particularly described as follows:
Considering the South line of the Southwest Quarter of said Section 15 as bearing North
89°41'04" East and with all bearings contained herein relative thereto:
Commencing at the Southwest corner of said Section 15; thence along said South line of
the Southwest Quarter, North 89º41’04” East, 1274.77 feet to the POINT OF
BEGINNING; thence continuing along said South line, North 89°41'04" East, 50.73 feet;
thence departing said line, North 00°22'04" East, 60.14 feet to the Southwest corner of
Lot 3, Interstate Land Holdings Minor Land Division, File No. 12-S3124; thence along
the West line of said Lot 3 the following four (4) courses and distances, North 00º22'04"
East, 215.86 feet; thence, North 61º20’04” East, 175.91 feet; thence, South 89º57’15”
East, 69.25 feet; thence, South 00º02’43” West, 260.43 feet to a point on the Westerly
line of that tract of land recorded at Reception No. 20110022909 Larimer county Clerk
and Recorder; thence along said line the following twelve (12) courses and distances,
North 51º22’34” East, 172.07 feet; thence, North 02º32’12” East, 59.46 feet; thence
along a curve concave to the Southeast having a central angle of 56º26’03”, an arc length
of 369.36 feet with a radius of 375.00 feet, and the chord of which bears North 30º45’13”
East, 354.61 feet; thence, North 58º58’13” East, 393.41 feet; thence along a curve
concave to the Northwest having a central angle of 41º07’03”, an arc length of 107.65
feet with a radius of 150.00 feet, and the chord of which bears North 38º24’43” East,
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105.35 feet; thence, North 17º51’13” East, 66.70 feet; thence South 72º08’47” East,
24.97 feet; thence, North 17º51’25” East, 203.42 feet; thence, North 06º32’54” East,
216.12 feet; thence, South 83º27’06” East, 55.00 feet; thence, South 04º33’24” West,
216.25 feet; thence, South 13º20’35” West, 514.74 feet to the Northeast corner of Lot 2,
Interstate Land Holdings Minor Land Division, File No. 12-S3124 ; thence along the
easterly line of said Lot 2 the following three (3) courses and distances: South 08º25’22”
West, 337.31 feet; thence, South 44º41’59” West, 118.86 feet; thence, South 83º50’53”
West, 113.23 feet; thence departing said line, South 17º48’58” West, 13.05 feet; thence,
South 33º15’59” West, 90.10 feet; thence, South 00º52’47” East, 156.17 feet to the North
line of that tract of land recorded in Reception No.20110064864 Larimer County
Records; thence along said line and along the North line of that tract of land recorded in
Reception No. 20090035759, South 89º33’34” West, 450.02 feet; thence, North
81º20’56” West. 303.80 feet; thence, North 00º20’00” East, 33.42 feet to the Point of
Beginning.
The above described tracts of land contain 530,958 square feet or 12.189 acres, more or
less and is subject to all easements and rights-of-way now on record or existing.
Section 3. That the City Council hereby finds and determines that the annexation
petition for the Interstate Land Holdings Annexation 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.
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Section 4. That the City Council hereby finds and determines that the annexation
map, four copies total, accompanying the annexation petition for the Interstate Land Holdings
Annexation 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;
(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;
(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 5th
day of July, A.D. 2017.
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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 2017-059 initiating annexation proceedings for the Interstate Land Holdings
Annexation, consisting of approximately 12 acres and generally located at the northwest corner
of the I-25 and State Highway 392 intersection, said Annexation being more particularly
described in Resolution 2017-059.
That, on August 15, 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
General Commercial (“G-C”) Zone District and the Public Open Land (“P-O-L”) Zone District.
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 5th day of July, A.D. 2017.
_______________________________
City Clerk
EXHIBIT A
GMA
City Limits - Area
Water Symbols
Fossil Creek Reservoir
Annexation Area
Interstate Land ±
Holdings Annexation
Zoning Map
City Zoning
ZONE
General Commercial (CG)
Public Open Lands (POL)
Annexation Area
ATTACHMENT 2
Water Symbols
Fossil Creek Reservoir
Annexation Area
Interstate Land Holdings Annexation ±
Vicinity Map
Annexation Area
ATTACHMENT 1