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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/17/2019 - RESOLUTION 2019-112 FINDING SUBSTANTIAL COMPLIANCEAgenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY December 17, 2019 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Resolution 2019-112 Finding Substantial Compliance and Initiating Annexation Proceedings for the Timberline- International Annexation No. 1. EXECUTIVE SUMMARY The purpose of this item is to determine substantial compliance and initiate annexation proceedings for the Timberline-International Annexation No. 1. The Applicant has submitted a written petition requesting three sequential annexations. Timberline-International Annexation No. 1. is the first Resolution 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 requested zoning for this annexation is Industrial (I), in compliance with the City of Fort Collins Structure Plan and the East Mulberry Corridor Plan. Notice to parcels abutting platted streets was provided pursuant to §31-12-105, C.R.S. 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 property is located within the Fort Collins Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area, the City agrees to consider annexation of property in the GMA when the property is eligible for annexation according to State law. Agenda Item 10 Item # 10 Page 2 The 0.09-acre Timberline-International Annexation No. 1 has 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. 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 of law enforcement from Larimer County Sheriff to Fort Collins Police Services. Water utility services will continue to be provided by the East Larimer County (ELCO) Water District and wastewater utility service by the Boxelder Sanitation District. 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. A neighborhood meeting was held on August 29, 2019, for the annexation, zoning, and conceptual plans for the Timberline-International property. ATTACHMENTS 1. Vicinity Map (PDF) 2. Annexation Sequence Map (PDF) 3. Zoning Map (PDF) 4. Structure Plan Map (PDF) 5. Annexation Petition for Timberline-International Annexation Nos. 1, 2 and 3 (PDF) ATTACHMENT 1 LMN International Blvd N Timberline Rd S Timberline Rd © Timberline-International No. 1 Annexation Annexation No. 1 ATTACHMENT 2 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 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 4 revised 3/31/08 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 at the northwest corner of International Boulevard and North Timberline Road, 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. TIMBERLINE - INTERNATIONAL ANNEXATIONS NO. 1,2 AND 3 101,732 SF 2.34 I-INDUSTRIAL ATTACHMENT 5 revised 3/31/08 ATTACHMENT “A” LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to-wit: TIMBERLINE - INTERNATIONAL ANNEXATION NO. 1 DESCRIPTION: TIMBERLINE - INTERNATIONAL ANNEXATION NO. 2 DESCRIPTION: 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 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 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, and being subject to all easements and/or rights-of-way now in use or of record. TIMBERLINE - INTERNATIONAL ANNEXATION NO. 3 DESCRIPTION: ATTACHMENT “C” ATTORNEY CERTIFICATION I, 74ky L. tccc4to..rc an attorney licensed to practice in the State of Colorado, hereby ceify that, as of the date of this certificate, the signers of this Annexation Petition for the area referred to as the LOT 1, PLAT OF INDUSTRIAL BUSINESS PARK INTERNATIONAL, PUD. Annexation to the City of Fort Collins are the owners of real property in the area proposed for annexation. Furthermore, I certify that said owners constitute more than 50% of the landowners in the area proposed for annexation, as said area is described on Attachment “A” of said Annexation Petition, and own more than 50% of the land in said area, exclusive of streets and alleys. 17CLJ Date Signa Attorney Reg. No. revised 3/31/08 -1- RESOLUTION 2019-112 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 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 Timberline-International Annexation No. 1, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the Timberline-International Annexation No. 1 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 Timberline-International Annexation No. 1, more particularly described as situate in the County of Larimer, State of Colorado, to wit: 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 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. -2- Containing 4,086.0 square feet (0.09 Acres), more or less. Section 3. That the City Council hereby finds and determines that the annexation petition for the Timberline-International Annexation No. 1 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 Timberline-International Annexation No. 1 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 2019-112 initiating annexation proceedings for the Timberline-International Annexation No. 1, consisting of approximately 0.09 acres and generally located at the northwest corner of International Boulevard and North Timberline Road, said Annexation being more particularly described in Resolution 2019-112. 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 Industrial (“I”) 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