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COUNCIL - AGENDA ITEM - 02/04/2020 - ITEMS RELATING TO THE TIMBERLINE-INTERNATIONAL ANN (2)
Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Items Relating to the Timberline-International Annexation No. 1 EXECUTIVE SUMMARY A. Resolution 2020-015 Setting Forth Findings of Fact and Determinations Regarding the Timberline- International Annexation. No. 1. B. Public Hearing and First Reading of Ordinance No. 028, 2020, Annexing the Property Known as the Timberline-International Annexation No. 1 to the City of Fort Collins, Colorado. The purpose of this item is to annex the first of three sequential tracts of land known collectively as the Timberline-International Annexations. Timberline-International Annexation No. 1 consists of 0.09 acres of North Timberline Road right-of-way and establishes the required 1/6 contiguity with existing City limits. Timberline-International Annexation No. 1, located northeast of the North Timberline Road and International Boulevard intersection, would incorporate the property into Fort Collins’ municipal boundaries, as well as into the Residential Neighborhood Sign District. 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 History The Applicant has submitted a written petition requesting three sequential annexations. Timberline- International Annexation No. 1. is the first of this series of three sequential annexations, and totals 0.09 acres of North Timberline Road right-of-way, which establishes 1/6 perimeter boundary contiguity with the existing municipal boundaries to the north, located northeast of the North Timberline Road and International Boulevard intersection, into Fort Collins’ municipal boundaries, as well as into the Residential Neighborhood Sign District. The property is located within the Fort Collins Growth Management Area (GMA). Pursuant to the Intergovernmental Agreement (Regarding Cooperation on Managing Urban Development) between Larimer County and the City, the City agrees to consider annexation of property in the GMA when the property is eligible for annexation according to State law. Agenda Item 12 Item # 12 Page 2 Contiguity The land within Annexation No. 1 consists of 0.09-acres of North Timberline Road right-of-way, with a total contiguous perimeter (80 feet) of 26%, which satisfies the one-sixth (1/6) area required. Contiguity is gained from the 2002 East Ridge Annexation. Enclave Implications Annexing this 0.09-acre street right-of-way does not create (nor does it contribute to creating) an enclave. Previous Council Actions On December 17, 2019, City Council unanimously adopted Resolutions 2019-112, 2019-113, and 2019-114, initiating a series of annexations of right-of-way and the property owned by FR Holdings, Ltd., which accepted the annexation petitions and determined that the petitions followed all applicable state laws and notification requirements. CITY FINANCIAL IMPACTS No direct financial impacts result from the proposed Timberline-International Annexation No. 1. BOARD / COMMISSION RECOMMENDATION At its December 19, 2019, meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation and recommend that the property be placed in the Industrial (I) Zone District, as well as into the Residential Neighborhood Sign District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH Notice of this annexation was published as required by Colorado Revised Statues (“C.R.S”) Section 31-12- 108. Notice was mailed to the owners of parcels abutting the right-of-way pursuant to C.R.S. Section 31-12- 105. A neighborhood meeting was held on August 29, 2019, for the annexation and zoning and conceptual plans for the Timberline-International property. ATTACHMENTS 1. Vicinity Map (PDF) 2. Annexation Sequence Maps (PDF) 3. Structure Plan Map (PDF) 4. East Mulberry Corridor Plan Map (PDF) 5. Zoning Map (PDF) ATTACHMENT 1 LMN International Blvd N Timberline Rd S Timberline Rd © Timberline-International No. 1 Annexation Annexation No. 1 ATTACHMENT 2 LMN International Blvd N Timberline Rd S Timberline Rd © Timberline-International No. 2 Annexation Annexation No. 1 Annexation No. 2 LMN International Blvd N Timberline Rd S Timberline Rd © Timberline-International No. 3 Annexation Annexation No. 1 Annexation No. 2 Annexation No. 3 Heritage Christian Academy Roselawn Cemetery Jay Dr Vicot Way Zurich Dr Annabel Ave Tana Dr S y k es Dr Zeppelin Way Steven Dr Jennie Dr Co n q u e s t S t Terry Dr Munich Way Crusader St S Summit View Dr D o n e l l a C t Rome Ct Comet St Conquest Way International Blvd Donella Ct Sykes Dr S Summit View Dr N Timberline Rd S Timberline R d © Timberline-Structure International Plan Map Annexation Annexation Area Parks & Natural/Protected Lands Industrial District Mixed Neighborhood ATTACHMENT 3 N T I M B E R L I N E R D N T I M B E R L I N E R D Z U R I C H D R I N T E R N A T I O N A L B L V D N T I M B E R L I N E R D N T I M B E R L I N E R D Z U R I C H D R I N T E R N A T I O N A L B L V D East Mulberry Corridor Plan Land Use ¯ Industrial Low Density Residential Natural Buffer Park/Cemetery Parcels Timberline - International Annexation Road Classifications 6-Lane Arterial 2-Lane Arterial 0 150 300 600 Feet ATTACHMENT 4 Heritage Christian Academy E LMN LMN Roselawn Cemetery Jay Dr Vicot Way Zurich Dr Annabel Ave Tana Dr Sy k es D r Zeppelin Way Steven Dr Jennie Dr Co n q u e s t S t Terry Dr Munich Way Crusader St S Summit View Dr D o n e l l a C t Rome Ct Comet St C o l eman St Lema Ln Conquest Way International Blvd Donella Ct Sykes Dr N Timberline Rd S Timberline Rd © Timberline-International Zoning Map Annexation Annexation Area ATTACHMENT 5 -1- RESOLUTION 2020-015 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 WHEREAS, pursuant to Resolution 2019-112, annexation proceedings were initiated by the City Council for property to be known as the Timberline-International Annexation No. 1 (the “Property”); and WHEREAS, following published notice required by Colorado Revised Statutes (“C.R.S.”) Section 31-12-108, and mailed notice pursuant to C.R.S. Section 31-12-105, the City Council held a hearing on said annexation on February 4, 2020. 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 finds that the petition for annexation of the Property complies with the Municipal Annexation Act (the “Act”), Section 31-12-101, et seq., Colorado Revised Statutes. Section 3. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the Property proposed to be annexed; that a community of interest exists between the Property proposed to be annexed and the City; that said Property is urban or will be urbanized in the near future; and that the Property is integrated with or is capable of being integrated with the City. Section 4. That the City Council further determines that the applicable parts of the Act have been met, that an election is not required under the Act, and that there are no other terms and conditions to be imposed upon said annexation. Section 5. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with the Act. Section 6. That the City Council concludes that the Property is eligible for annexation to the City and should be so annexed. -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of February, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk -1- ORDINANCE NO. 028, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2019-112, finding substantial compliance and initiating annexation proceedings for the Timberline-International Annexation No. 1, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2020-015 setting forth findings of fact and determinations regarding the Timberline-International Annexation No. 1 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 Timberline-International Annexation No. 1 (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 2019-112 and Resolution 2020-015 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: That portion of Section 8, Township 7 North, Range 68 West of the 6 th P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northwest Quarter of said Section 8 as bearing North 00°00'45" East and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence along the East line of said Northwest Quarter of said Section 8 North 00°00'45" East 56.00 feet, more or less, to a point on the Southerly line of EAST RIDGE ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado; said point being the TRUE POINT OF BEGINNING; thence departing said East line of said Northwest Quarter of said Section 8 and along said Southerly line of EAST RIDGE ANNEXATION South 89°32’31” East 30.00 feet, more or less, to a point on the Easterly right-of-way line of Timberline Road; thence departing said Southerly line of EAST RIDGE ANNEXATION and departing said Easterly right-of-way line of Timberline Road South 21°26’47” West 109.41 feet; thence North 21°19’20” West 110.00 feet, more -2- or less, to a point on the Westerly right-of-way line of Timberline Road; said point also being the Southwest corner of said of EAST RIDGE ANNEXATION; thence departing said Westerly right-of-way line of Timberline Road and along said Southerly line of EAST RIDGE ANNEXATION South 89°32’31” East 50.00 feet, more or less, to a point on the East line of said Northwest Quarter of said Section 8 and the TRUE POINT OF BEGINNING. Containing 4,086.0 square feet (0.09 Acres), more or less is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Timberline-International Annexation No. 1, 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 4th day of February, A.D. 2020, and to be presented for final passage on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk