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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/16/2018 - SECOND READING OF ORDINANCE NO. 123, 2018, ANNEXINAgenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY October 16, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 123, 2018, Annexing the Property Known as the Hughes Stadium Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on October 2, 2018, annexes 164.55 acres of land generally located at the northwest corner of Dixon Canyon Road and Overland Trail. The annexation area is owned by Colorado State University and is the former location of Hughes Stadium and Rodeo Arena. The Initiating Resolution was adopted on August 21, 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, October 2, 2018 (w/o attachments) (PDF) 2. Ordinance No. 123, 2018 (PDF) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY October 2, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Items Relating to Hughes Stadium Annexation. EXECUTIVE SUMMARY A. Resolution 2018-090 of the Council of the City of Fort Collins Setting Forth Findings of Fact and Determinations Regarding the Hughes Stadium Annexation. B. First Reading of Ordinance No. 123, 2018, of the Council of the City of Fort Collins Annexing the Property Known as the Hughes Stadium Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex and zone 164.55 acres of land generally located at the northwest corner of Dixon Canyon Road and Overland Trail. The annexation area is owned by Colorado State University and is the former location of Hughes Stadium and Rodeo Arena. The Initiating Resolution was adopted on August 21, 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 First Reading and the Resolution. BACKGROUND / DISCUSSION Contiguity The Hughes Stadium Annexation gains the required 1/6 contiguity to existing city limits from a common boundary with eight previously annexed areas: 1. Becksted Addition; February 1966 2. Foothills Annexation; August 1970 3. Second Foothills Annexation; March 1971 4. Third Foothills Annexation; March 1972 5. Mountain Shadows Annexation; April 1972 6. Maxwell Open Space Annexation; April 1990 7. Pine Ridge Third Annexation; January 1994 8. Pine Ridge Fifth Annexation; November 2001 As a result, 66.60% of the total perimeter is contiguous to the existing municipal boundary. This exceeds the required 16.66% minimum. ATTACHMENT 1 COPY Agenda Item 7 Item # 7 Page 2 Growth Management Area The proposed annexation lies within a future GMA expansion area as indicated by the City of Fort Collins Structure Plan. A Growth Management Area amendment is expected to be processed in conjunction with the City’s update to City Plan which is scheduled for adoption by April 2019. Though the annexation is located outside the Growth Management Area, the City of Fort Collins is authorized to annex outside the GMA pursuant to Section 1, Subsection 8(F) of the Larimer County and City of Fort Collins Intergovernmental Agreements (IGA) which states: "The County Agrees that the City, in its sole discretion, (except as provided in Section 8(B) of this agreement) may annex outside the Fort Collins GMA. The City agrees that proposed annexations outside the GMA will be sent via Certified Mail to the Board of County Commissioners for review and comment at least thirty-five (35) days prior to the scheduled public hearing of the annexation before the City Council." On June 22, 2018, a letter (Attachment 6) from Larimer County Community Development was received waiving formal action as described above. Enclave Implications The Hughes Stadium Annexation creates two enclaves of unincorporated property. The first 50-acre enclave is north of the annexation area and contains 7 privately-owned parcels. The second 20-acre enclave is east of annexation area and contains the Holiday Twin Drive-In Theater (Attachment 7). An enclave is defined as any unincorporated area entirely surrounded by the boundaries of a municipality, at which time City Council may annex such territory once the subject property is surrounded for a minimum of three years. Based on the Hughes Stadium Annexation schedule, a future City Council could consider annexation of the both enclaves as soon as November 2021. CITY FINANCIAL IMPACTS There are no financial impacts as a result of the proposed 164.55-acre 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. Further, the Board recommended that the property be placed into the Transition (T) zone district. This unanimous action was taken as part of the Board’s Discussion Agenda. An excerpt of minutes from the discussion agenda is provided as an attachment (Attachment 12). PUBLIC OUTREACH The City of Fort Collins Land Use Code and the Colorado Revised Statutes do not stipulate that a neighborhood meeting be held in conjunction with a voluntary annexation. However, prior to the formal submittal of the Hughes Stadium Annexation, Colorado State University and consultants, CAA ICON, hosted two listening sessions at the Drake Centre on September 20, 2017, and October 18, 2017. The meeting offered five “listening” stations where either staff or consultants were available to interact and receive feedback (Attachments 9 and 10) on the following five topic areas; redevelopment process, existing site, land use context, community needs and values and transportation. ATTACHMENT 1 COPY Agenda Item 7 Item # 7 Page 3 In addition to the in-person events, Colorado State University hosted an online forum that started on August 28, 2017, and is still available today. During the period between August 28, 2017- December 21, 2017, more than 100 community members were able to communicate their ideas, questions and concerns (Attachment 11). Combined, approximately 700 comments, questions and/or concerns were logged by CSU and CAA ICON. The resulting feedback is described by three primary themes: 1. Open Space: Preservation of open space and access to natural/recreational opportunities. 2. Housing: Mix of choices, low density, workforce housing, innovative and affordable. 3. Neighborhood Center: neighborhood-oriented services. Additional public outreach will be required prior to the submittal of a development application/request for zoning to the City of Fort Collins. ATTACHMENTS 1. Vicinity Map (PDF) 2. Annexation Plat (PDF) 3. Petition Cover Letter (PDF) 4. Annexation Petition (PDF) 5. Annexation Petition Amendment (PDF) 6. Larimer County Letter (PDF) 7. Enclave Areas (PDF) 8. Neighborhoood Listening Session Feedback September 20, 2017 (PDF) 9. General Public Listening Session Feedback October 18, 2017 (PDF) 10. Listening Session Station Exhibits (PDF) 11. Online Feedback Aug-Dec 2017 (PDF) 12. Planning and Zoning Minutes September 20, 2-18 (draft) (PDF) ATTACHMENT 1 COPY -1- ORDINANCE NO. 123, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE HUGHES STADIUM ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2018-072, finding substantial compliance and initiating annexation proceedings for the Hughes Stadium Annexation, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2018-090 setting forth findings of fact and determinations regarding the Hughes Stadium Annexation was adopted immediately preceding 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 Hughes Stadium 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- 072 and Resolution 2018-090 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 situate in the East Half of Section 20, Township 7 North, Range 69 West of the 6th P.M., being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 20 as bearing South 00°16'25" West and with all bearings contained herein relative thereto: BEGINNING at the Southeast corner of Foothills Annexation to the City of Fort Collins, recorded at Book 1439 Page 17 Larimer County Clerk and Recorder, said corner also being the Northwest corner of Becksted Addition to the City of Fort Collins recorded at Reception No. 910170 Larimer county Clerk and Recorder; thence along the West line of said Becksted Addition, said line also being the East line of said Section 20, South 00°16'25" West, 1,390.85 feet to the East Quarter corner of said Section 20, said point also being the Northwest corner of Mountain Shadows Annexation to the City of Fort Collins recorded at Book 1500 Page 6 Larimer County Clerk and Recorder; thence along the West line of said Mountain Shadows Annexation, said line also being the East line of said Section 20, South 00°17'42" West, 690.54 feet to a point on the Northerly line of Pine Ridge 5th Annexation to the City of Fort Collins recorded at Reception No. 2001113963 -2- Larimer County Clerk and Recorder; thence along said Pine Ridge 5th Annexation the following three (3) courses and distances, North 89°42'16" West, 30.00 feet; thence, South 00°17'42" West, 456.97 feet; thence, South 78°29'11" West, 1,114.50 feet to a point on the Northeast corner of Pine Ridge 3rd Annexation to the City of Fort Collins, recorded at Reception No. 99006010 Larimer County Clerk and Recorder; thence along the Northerly line of said Pine Ridge 3rd Annexation, said line also being the Northerly right of way line of Dixon Canyon Road, South 78°29'11" West, 948.91 feet; thence along the Westerly line of said Pine Ridge 3rd Annexation, South 11°30'33" East, 60.00 feet to the Southerly right of way line of Dixon Canyon Road; thence along said line South 78°28'57" West, 635.98 feet; thence departing said line, and along the Easterly line of State Board of Agriculture Lands as recorded at Reception No. 10510582 the following two (2) courses and distances, North 00°04'23" East, 61.42 feet; thence, North 00°30'58" East, 878.03 feet to the Southeast corner of Maxwell Open Space Annexation to the City of Fort Collins recorded at Reception No. 90017479 Larimer County Clerk and Recorder; thence along the East line of said Maxwell Open Space Annexation, North 00°31'43" East, 1,573.16 feet; thence departing said line, and along the line of said State Board of Agriculture Lands the following six (6) courses and distances, North 57°47'42" East, 65.46 feet; thence along a curve concave to the Northwest having a central angle of 25°26'23", an arc length of 149.40 feet with a radius of 336.48 feet, and the chord of which bears North 45°04'30" East, 148.18 feet; thence along a curve concave to the Northwest having a central angle of 31°42'57", an arc length of 133.40 feet with a radius of 240.99 feet, and the chord of which bears North 16°32'04" East, 131.70 feet; thence, North 00°30'42" East, 111.20 feet; thence along a curve concave to the East having a central angle of 23°27'51", an arc length of 96.85 feet with a radius of 236.49 feet, and the chord of which bears North 11°47'37" East, 96.17 feet; thence, North 86°25'25" East, 1,487.45 feet to the Southwest corner of Foothills 3rd Annexation to the City of Fort Collins recorded at Book 1497 Page 190 Larimer County Clerk and Recorder; thence along the South line of said Foothills 3rd Annexation, North 86°25'25" East, 25.79 feet to the Southwest Corner of Foothills 2nd Annexation to the City of Fort Collins recorded at Book 1456 Page 668 Larimer County Clerk and Recorder; thence along the South line of said Foothills 2nd Annexation, North 86°25'25" East, 446.63 feet to the Southwest Corner of Foothills Annexation to the City of Fort Collins recorded at Book 1439 Page 17 Larimer County Clerk and Recorder; thence along the South line of said Foothills Annexation, North 86°25'25" East, 479.58 feet to the Point of Beginning. The above described tract of land contains 7,167,953 square feet or 164.554 acres, more or less, and is subject to all easements and rights-of-way now on record or existing, is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Hughes Stadium 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. -3- 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 2nd day of October, A.D. 2018, and to be presented for final passage on the 16th day of October, A.D. 2018. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 16th day of October, A.D. 2018. __________________________________ Mayor ATTEST: __________________________ City Clerk