Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/17/2019 - RESOLUTION 2019-111 FINDING SUBSTANTIAL COMPLIANCEAgenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY December 17, 2019 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Resolution 2019-111 Finding Substantial Compliance and Initiating Annexation Proceedings for the Soldier Canyon Pump Station Annexation. EXECUTIVE SUMMARY The purpose of this item is to determine substantial compliance and initiate annexation proceedings for the Soldier Canyon Pump Station Annexation. The Applicant has submitted a written petition requesting the annexation. The purpose of the annexation is to allow the Soldier Canyon Pump Station to be served by Fort Collins Light and Power, rather than Xcel Energy. This is a voluntary annexation. The Soldier Canyon Pump Station Annexation totals 0.702 acres; it achieves the required 1/6 perimeter boundary contiguity with the existing municipal boundaries to the north, west and south. The site is enclosed on three sides by the City of Fort Collins Water Treatment Facility at 4316 LaPorte Avenue. The annexation would incorporate the site into Fort Collins’ municipal boundaries, as well as the Residential Neighborhood Sign District. The requested zoning for this annexation is Residential Foothills (R-F), in compliance with the City of Fort Collins Structure Plan designation of the “Campus District” place type. No project development plan proposal was submitted in conjunction with the annexation application. 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 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. 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. Not less than thirty days of prior notice is required by state law. The Soldier Canyon Pump Station property and adjacent City Water Treatment Facility are located outside the Fort Collins Growth Management Area. Pursuant to Section 7.F. in the Larimer County and City of Fort Collins Intergovernmental Agreements, the City of Fort Collins, at its sole discretion, may annex outside the Fort Collins GMA. Agenda Item 9 Item # 9 Page 2 The 0.702-acre Soldier Canyon Pump Station Annexation total contiguous perimeter (523.58 feet) is 74%, which satisfies the one-sixth (1/6) area of contiguity required. Contiguity is gained from the 2017 Water Treatment Facility Annexation No. 4. The Soldier Canyon Pump Station property owned by Platte River Power Authority (Platte River) is surrounded on three sides by property that is located within the City of Fort Collins. The property is currently served by Xcel Energy, utilizing a feeder line that crosses the City Water Treatment Plant site. In order to better utilize its property, the City initiated a request to remove Xcel’s service feeding Platte River’s property. The annexation of the Solider Canyon Pump Station property will allow Platte River to obtain electric service from the City and discontinue service from Xcel. This will allow the Xcel feeder line to be removed from City property. CITY FINANCIAL IMPACTS The annexation and zoning will not result in any initial direct significant financial/economic impacts. Electric service will be transferred from Xcel Energy to Fort Collins Light and Power. Future development will also trigger the transition from law enforcement by the Larimer County Sheriff to Fort Collins Police Services. Water and wastewater utility services will be provided 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 December 19, 2019. The Board’s recommendation will be forwarded to City Council as part of the First Reading of the annexation and zoning ordinances on February 4, 2020. 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. Location Map (PDF) 2. Zoning Map (PDF) 3. Structure Plan Map (PDF) 4. Annexation Petition (PDF) LAPORTE AVE COLORADO UNIVERSITY STATE - FOOTHILLS COLORADO UNIVERSITY STATE - FOOTHILLS Soldier Canyon Vicinity Pump Map Station Annexation 1 inch = 300 feet ± Site Text City Water Treatment Plant ATTACHMENT 1 Colorado State University - Foothills Colorado State University - Foothills RF RL RF LMN UE Overland Park Horsetooth Reservoir College Lake Lee Lake Claymore Lake Michaud Ln Rampart Rd D e a n D r N Hollywood St C one f l o w e r D r Wakonda Dr D ou b l etr e e D r Louise Ln W E l i z a bet h S t W Vine Dr Headwater Dr W Olive St High St Theo Ave W Magn o l ia St Colorado State University - Foothills Colorado State University - Foothills Overland Park Horsetooth Reservoir College Lake Lee Lake Claymore Lake Michaud Ln Rampart Rd D e a n D r N Hollywood St Wakonda Dr D ou b l etr e e D r Louise Ln W E l i z a bet h S t W Vine Dr Headwater Dr W Olive St High St Theo Ave W Magn o l ia St Tierra Ln Hartman St N Co u n t y Roa d 2 3 S C PETITION FOR ANNEXATION THE UNDERSIGNED (hereinafter referred to as the “Petitioners”) hereby petition the Council of the City of Fort Collins, Colorado for the annexation of an area, to be referred to as the _______________________________________________________ Annexation to the City of Fort Collins. Said area, consisting of approximately ____________________ (_____) acres, located on West Laporte Ave, adjacent to the City Water Treatment Plant, and is more particularly described on Attachment “A,” attached hereto. The Petitioners allege: 1. That it is desirable and necessary that such area be annexed to the City of Fort Collins. 2. That the requirements of Sections 31-12-104 and 31-12-105, C.R.S., exist or have been met. 3. That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the boundaries of the City of Fort Collins. 4. That a community of interest exists between the area proposed to be annexed and the City of Fort Collins. 5. That the area to be annexed is urban or will be urbanized in the near future. 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Fort Collins. 7. That the Petitioners herein comprise more that fifty percent (50%) of the landowners in the area and own more than fifty percent (50%) of the area to be annexed, excluding public streets, alleys and lands owned by the City of Fort Collins. 8. That the City of Fort Collins shall not be required to assume any obligations 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 proposed to be annexed except as may be provided by the ordinance of the City of Fort Collins. Further, as an express condition of annexation, Petitioners consent to the inclusion into the Municipal Subdistrict, Northern Colorado Water Conservancy District (the “Subdistrict”) pursuant to §37- 45-136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners’ property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict at the time of inclusion of Petitioners’ lands. Petitioners agree to waive any right to an election which may exist pursuant to Article X, §20 of the Colorado Constitution before the Subdistrict can impose such mill levies and special assessments as it has the authority to impose. Petitioners also agree to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, §20 of the Colorado Constitution. WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the annexation of the area described on Attachment “A.” Furthermore, the Petitioners request that said area be placed in the _____________ Zone District pursuant to the Land Use Code of the City of Fort Collins. revised 3/31/08 ATTACHMENT 4 -1- RESOLUTION 2019-111 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE SOLDIER CANYON PUMP STATION 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 Soldier Canyon Pump Station Annexation, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the Soldier Canyon Pump Station 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 Soldier Canyon Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A parcel of land, located in the Northwest Quarter (NW1/4) of Section Eight (8), Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the Northeast corner of the Water Treatment Facility Annexation No. 4 recorded March 7, 2018 as Reception No. 20180013461 of the Records of Larimer County and assuming the East line of said Water Treatment Facility Annexation No. 4 as bearing South 11°53’09” East a distance of 1000.96 feet with all other bearings contained herein relative thereto; THENCE South 11°53’09” East along the East line of said Water Treatment Facility Annexation No. 4 a distance of 1000.96 feet to the POINT OF BEGINNING; THENCE South 11°53’09” East a distance of 95.20 feet; THENCE South 10°51’20” East a distance of 79.81 feet to the East line of said Water Treatment Facility Annexation No. 4; The following Three (3) courses are along the Easterly lines of said Water Treatment Facility Annexation No. 4; THENCE South 78°06’51” West a distance of 173.57 feet; THENCE North 11°53’09” West a distance of 175.00 feet; THENCE North 78°06’51” East a distance of 175.01 feet to the POINT OF BEGINNING. -2- Said described parcel of land contains 30,569 Square Feet or 0.702 Acres, more or less. Section 3. That the City Council hereby finds and determines that the annexation petition for the Soldier Canyon Pump Station 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 Soldier Canyon Pump Station 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 December, A.D. 2019. _________________________________ 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 2019-111 initiating annexation proceedings for the Soldier Canyon Pump Station Annexation, consisting of approximately .70 acres and generally located at West Laporte Avenue, adjacent to the City Water Treatment Plant, said Annexation being more particularly described in Resolution 2019-111. That, on February 4, 2020, 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 Residential Foothills District (“R-F”) 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 December, A.D. 2019. _______________________________ City Clerk EXHIBIT A o u n t y R o ad 23 Laporte Ave STrl Overland Trl N Overland W Vine Dr W M u l b erry St © Soldier Canyon Structure Pump Plan Station Map Annexation Annexation Area Campus District Parks & Natural/Protected Lands Rural Neighborhood Suburban Neighborhood Mixed Neighborhood ATTACHMENT 3 Hartman St N C o u n t y Roa d 2 3 S C o u n t y R oad 2 3 Laporte Ave STrl Overland Trl N Overland W Vine Dr W M u l b erry St W Elizabeth St © Soldier Canyon Zoning Pump Station Map Annexation Annexation Area ATTACHMENT 2