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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/18/2020 - SECOND READING OF ORDINANCE NO. 032, 2020, ANNEXINAgenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY February 18, 2020 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 032, 2020, Annexing the Property Known as the Timberline-International Annexation No. 3 to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 4, 2020, annexes the third of three sequential tracts of land known collectively as the Timberline-International Annexations. Timberline- International Annexation No. 3 consists of 1.39-acres, which establishes the required 1/6 contiguity with existing City limits (Timberline-International Annexation No. 2). Timberline-International Annexation No. 3, located northwest of the North Timberline Road and International Boulevard intersection, incorporates 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. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 4, 2020 (w/o attachments) (PDF) 2. Ordinance No. 032, 2020 (PDF) Agenda Item 16 Item # 16 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. 3 EXECUTIVE SUMMARY A. Resolution 2020-017 Setting Forth Findings of Fact and Determinations Regarding the Timberline- International Annexation. No. 3. B. Public Hearing and First Reading of Ordinance No. 032, 2020, Annexing the Property Known as the Timberline-International Annexation No. 3 to the City of Fort Collins, Colorado. The purpose of this item is to annex the third of three sequential tracts of land known collectively as the Timberline-International Annexations. Timberline-International Annexation No. 3 consists of 1.39-acres, which establishes the required 1/6 contiguity with existing City limits (Timberline-International Annexation No. 2). Timberline-International Annexation No. 3, located northwest 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. A citizen has asserted that the annexation petition does not comply with statutory requirements because less than fifty percent of the landowners in the area to be annexed who own more than fifty percent of the area, excluding public streets, alleys, and City owned land, signed the annexation petition, if deed-of-trust holders are treated as owners. Staff does not agree that deed-of-trust holders are considered owners for this purpose and believes the petitioner has satisfied all annexation requirements. 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. 3. is the third of this series of three sequential annexations, and totals 1.39 acres, which establishes 1/6 perimeter boundary contiguity with the existing municipal boundaries to the south and east (Timberline-International Annexation No. 2), located northeast of the North Timberline Road and International ATTACHMENT 1 Agenda Item 16 Item # 16 Page 2 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. Contiguity The land within Annexation No. 3 consists of 1.39 acres, with a total contiguous perimeter (352.65 feet) of 33%, which satisfies the one-sixth (1/6) area required. Contiguity is gained from the Timberline-International Annexation No. 2. Enclave Implications Annexing this 1.39-acre tract of land does not create (nor does it contribute to creating) an enclave. Citizen Assertion that the Annexation Petition Is Non-Compliant On January 9, the City received an email from a concerned citizen asserting that the petitioner for the annexation, FR Holdings, Ltd., does not satisfy the statutory requirement that the petitioner must comprise more than fifty percent of the landowners in the area to be annexed who own more than fifty percent of the area, excluding public streets, alleys, and City-owned land. To support this assertion, the citizen submitted a deed of trust recorded on the land subject to the third annexation. The citizen is asserting that his deed of trust created an ownership interest in the beneficiary of the deed of trust and because the beneficiary did not sign the annexation petition, that the more than fifty percent annexation requirement is not satisfied. Staff’s understanding is that a deed of trust creates a lien on property and does not transfer an ownership interest to the beneficiary. Therefore, staff disagrees with the citizen’s assertion and believes the petitioner has satisfied the more than fifty percent annexation requirement. 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., that 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. 3. 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 Agenda Item 16 Item # 16 Page 3 the Timberline-International property. Staff received an email and supporting evidence dated January 9, 2020 from Charlie Maverick, challenging that the Petitioners do not compromise at least 50% interest of the annexation property (Parcel #8708310001), in violation of CRS 31-12-107. Staff received a response from the Applicant’s representing Attorney, Tim Goddard, dated January 10, 2020. (Attachment 3) ATTACHMENTS 1. Vicinity Map (PDF) 2. Annexation No. 3 Sequence Map (PDF) 3. Citizen Comment concerning Annexation Petition and related response (PDF) -1- ORDINANCE NO. 032, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE TIMBERLINE-INTERNATIONAL ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2019-114, finding substantial compliance and initiating annexation proceedings for the Timberline-International Annexation No. 3, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2020-017 setting forth findings of fact and determinations regarding the Timberline-International Annexation No. 3 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. 3 (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- 114 and Resolution 2020-017 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 6th 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 and the Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1, City of Fort Collins, County of Larimer, State of Colorado; thence departing said East line of said Northwest Quarter of said Section 8 and along said Southerly line of EAST RIDGE ANNEXATION and along said Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 South 89°32’31” East 30.00 feet, more or less, to a point on the Easterly right-of-way line of Timberline Road; said point also being the Northeast corner of TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2, City of Fort Collins, County of Larimer, State -2- of Colorado; thence departing said Southerly line of EAST RIDGE ANNEXATION and departing said Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 and along said Easterly right-of-way line of Timberline Road and the Easterly lines of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 the following four (4) courses and distances: South 00°00’45” West 56.00 feet; South 00°00’45” East 236.46 feet; South 88°09’05” East 39.91 feet to the beginning of a non-tangent curve concave to the West having a central angle of 05°44’34” and a radius of 1170.50 feet, the long chord of which bears South 04°41’28” West a distance of 117.27 feet; thence Southerly along the arc of said curve 117.32 feet, more or less, the Southeast corner of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2; thence departing said Easterly right-of-way line of Timberline Road and departing said Easterly lines of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2 and along the South line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 North 90°00’00” West 141.91 feet, more or less, to a point on the Westerly line of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2; said point also being a point on the Southerly line of International Boulevard; said point also being a point on the Easterly line of Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING., County of Larimer, State of Colorado; thence along said Westerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and along said Southerly line of International Boulevard and along the Easterly and Northerly lines of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING North 44°58’04” West 7.47 feet and again North 89°35’04” West 4.11 feet; thence departing said Southerly line of International Boulevard and departing said Northerly line of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING and continuing along said Westerly line of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2 North 00°24’56” East 100.00 feet, more or less, to a point on the Northerly line of International Boulevard; said point also being the Southwest corner of Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D., County of Larimer, State of Colorado; said point also being on the Southerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and the TRUE POINT OF BEGINNING; thence along said Northerly line of International Boulevard and along the Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Northerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 South 89°35’04” East 40.28 feet, more or less, to the Southeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. said point a point on the Westerly right-of-way line for Timberline Road and a point on the Westerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2; thence departing said Northerly line of International Boulevard and departing said Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and departing said Northerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and along said Westerly right-of-way line for Timberline Road and along the Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along said Westerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 North 00°00’45” West 250.02 feet and again North 00°00’45” East 62.35 feet, more or less, to the Southwest corner of said EAST RIDGE ANNEXATION and the Northeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D.; thence departing said Westerly right-of-way line for Timberline Road and departing said Easterly -3- line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Northerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. South 89°54’17” West 273.66 feet to the Northwest corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D.; thence departing said Northerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Westerly lines of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. South 00°00’00” East 97.63 feet and again South 47°29’15” East 316.66 feet, more or less, to a point on the Northerly line of International Boulevard; said point also being the Northwest corner of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2 and the Southwest corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and the TRUE POINT OF BEGINNING. Containing 60,373.8 square feet (1.39 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. 3, 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 -4- Passed and adopted on final reading on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk