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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/17/2018 - RESOLUTION 2018-036 FINDING SUBSTANTIAL COMPLIANCEAgenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY April 17, 2018 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Resolution 2018-036 Finding Substantial Compliance and Initiating Annexation Proceedings for the Aweida Annexation. EXECUTIVE SUMMARY The purpose of this item is to determine substantial compliance and initiate annexation proceedings for the Aweida Annexation. The Aweida Annexation brings one property and the abutting arterial street right-of-way totaling 0.862 acres, located on the southwest corner of the South Taft Hill Road and W CR 38 E intersection, into Fort Collins’ municipal boundaries. No project development plan proposal was submitted in conjunction with the annexation application. The requested zoning for this annexation is Low Density Mixed-Use Neighborhood (L-M-N). 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 be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required by State law. Pursuant to § 31-12-108, C.R.S., if the annexation petition is in substantial compliance with the requirements of § 31-12-107, C.R.S., Council is required to adopt a resolution finding substantial compliance and setting a hearing. The proposed zoning of a property to be annexed is not a requirement under § 31-12-107, C.R.S., and discussion of zoning issues should be reserved for the zoning review that will occur concurrent to the first reading for the annexation. 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 Aweida Annexation includes one vacant parcel owned by Aweida Properties, Inc., and right-of-way owned by Larimer County. The right-of-way for a portion of S. Taft Hill Road and W CR 38 E is included in the annexation to provide continuity of service for the City of Fort Collins. The requested zoning for this annexation is L-M-N. The City Structure Plan Map, an element of City Plan, currently classifies the Aweida Annexation as Urban-Estate zoning upon annexation. A Council amendment of the City Structure Plan Map will be necessary to allow for the Aweida Annexation to be zoned L-M-N. The resolution to amend the map will come before Council at first reading of the annexation and zoning ordinances. Agenda Item 10 Item # 10 Page 2 The request to amend the City Structure Plan Map, an element of City Plan and referred to as the Plan Amendment, is needed to re-designate approximately 0.862 acres of land from Urban Estate (U-E) to Low Density Mixed-Use Neighborhood (L-M-N). Future development in the U-E zoning requires a minimum ½ acre lot. The Aweida parcel is 0.44 acres, less than the ½ acre minimum. The proposed L-M-N designated land is necessary to accommodate a project that is consistent with City policies related to mixed-use development, consistent with adjacent L-M-N zoning near a neighborhood center, and coordination of public street infrastructure improvements. The proposed amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof. The proposed amendment to the City Structure Plan Map is limited to a single element of City Plan and therefore constitutes a Minor Amendment. The property is bordered by existing single-family homes to the south and west, and the existing JJ’s commercial center to the north, and existing LMN-zoned neighborhood to the east. 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 Aweida Annexation gains the required 1/6 contiguity to existing city limits from a common boundary with the Horsetooth - Harmony West Annexation (Ordinance No. 068, 1980), 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. Future development will also trigger the transition from Larimer County Sherriff enforcement to Fort Collins Police Services. The provision of water utility services will continue to be provided by the Fort Collins/Loveland Water District and wastewater utility service by the City of Fort Collins. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request on May 17, 2018. The Board’s recommendation will be forwarded to City Council as part of the First Reading of the annexation and zoning ordinances on June 5, 2018. 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. A neighborhood meeting was held on March 22, 2018, for the annexation and zoning and conceptual plans for the Aweida property. The Aweida Annexation neighborhood meeting included six residents from the notification area. Staff received mixed feedback from participants either in support for the annexation and future development project, or with concerns of potential impacts of the future project, and potential for future annexation of a larger area. ATTACHMENTS 1. Vicinity map (PDF) 2. Structure Plan map (PDF) 3. Zoning Map (PDF) S Taft Hill Rd W County Road 38e W H armony R d Westfield Dr Mesavie w Ln Ce n ter Gat e Ct Mesaview Ln Greengat e Dr Stallion Cir H orsetooth Dr Stallion Cir Colt Ci r P icadilly Dr P into Ln Idledal e Dr Lynda Ln Goodell Ln Brixton Rd T r ail View Ln M esaview Ct L ookout Ln Phia W ay Colt Ci r Westfield Dr Whippeny Dr T rowbri d ge Dr Mustang Ln Aweida Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. S Taft Hill Rd W County Road 38e W H armony R d Westfield Dr Mesavie w Ln Ce n ter Gat e Ct Mesaview Ln Greengat e Dr Stallion Cir H orsetooth Dr Stallion Cir Colt Ci r P icadilly Dr P into Ln Idledal e Dr Lynda Ln Goodell Ln Brixton Rd T r ail View Ln M esaview Ct L ookout Ln Phia W ay Colt Ci r Westfield Dr Whippeny Dr T rowbri d ge Dr Mustang Ln Aweida Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. S Taft Hill Rd W County Road 38e W H a rmony R d Westfield Dr Mesavie w Ln Ce n ter Gat e Ct Mesaview Ln Greengat e Dr Stallion Cir H orsetooth Dr Stallion Cir Colt Ci r P icadilly Dr P into Ln Idledal e Dr Lynda Ln Goodell Ln Brixton Rd T r ail View L n M esaview Ct L ookout Ln Phia W ay Colt Ci r Westfield Dr Whippeny Dr Trowbr i dge Dr Mustang Ln RL LMN Aweida Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS -1- RESOLUTION 2018-036 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE AWEIDA 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 Aweida Annexation, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the Aweida 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 Aweida Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: 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 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. -2- The above described tract of land contains 37,537 square feet or 0.862 acres, more or less. Section 3. That the City Council hereby finds and determines that the annexation petition for the Aweida 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. Section 4. That the City Council hereby finds and determines that the annexation map, four copies total, accompanying the annexation petition for the Aweida 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; and -3- (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 17th day of April, A.D. 2018. _________________________________ 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 2018-036 initiating annexation proceedings for the Aweida Annexation, consisting of approximately .862 acres and generally located at the southwest corner of South Taft Hill Road and West County Road 38E, said Annexation being more particularly described in Resolution 2018-036. That, on June 5, 2018, 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 Low Density Mixed-Use Neighborhood (“L-M-N”) 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 17th day of April, A.D. 2018. _______________________________ City Clerk EXHIBIT A of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: April 10, 2018 0 0.035 0.07 0.105 0.1M4iles Scale 1:4,000 © Zoning Map City Limits - Outline City Limits Buildings Low Density Mixed-Use Neighborhood (LMN) Low Density Residential (RL) Annexation Area Harmony Cottages Woodridge CountJryJ's Corner ATTACHMENT 3 labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: April 10, 2018 0 0.035 0.07 0.105 0.1M4iles Scale 1:4,000 © Structure Plan Map City Limits - Outline Buildings Urban Estate Low Density Mixed-Use Neighborhoods Annexation Area Harmony Cottages Woodridge CountJryJ's Corner ATTACHMENT 2 labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: April 10, 2018 0 0.035 0.07 0.105 0.1M4iles Scale 1:4,000 © Vicinity Map City Limits - Outline City Limits Buildings Annexation Area Harmony Cottages Woodridge CountJryJ's Corner ATTACHMENT 1