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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/18/2020 - SECOND READING OF ORDINANCE NO. 026, 2020, ANNEXINAgenda Item 6 Item # 6 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. 026, 2020, Annexing the Property Known as the Soldier Canyon Pump Station Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 4, 2020, annexes the tract of land known as the Soldier Canyon Pump Station Annexation, located at 4316 Laporte Ave. The Applicant, Platte River Power Authority, 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. 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. 026, 2020 (PDF) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY February 4, 2020 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Items Relating to the Soldier Canyon Pump Station Annexation. EXECUTIVE SUMMARY A. Resolution 2020-014 Setting Forth Findings of Fact and Determinations Regarding the Soldier Canyon Pump Station Annexation. B. Public Hearing and First Reading of Ordinance No. 026, 2020, Annexing the Property Known as the Soldier Canyon Pump Station Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex the tract of land known as the Soldier Canyon Pump Station Annexation, located at 4316 Laporte Ave. The Applicant, Platte River Power Authority, 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. 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 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. ATTACHMENT 1 Agenda Item 10 Item # 10 Page 2 Growth Management Area The Soldier Canyon Pump Station Annexation is located outside the established Growth Management Area (GMA). Pursuant to Section 7.F. of the Intergovernmental Agreement (Regarding Cooperation on Managing Urban Development) between Larimer County and City of Fort Collins, the City of Fort Collins, at its sole discretion, may annex outside the Fort Collins GMA. Notification to the Board of County Commissioners for review and comment was completed on December 16, 2019, with no follow-up comments provided. The Larimer County Planning Department provided referral comments on October 29, 2019, in which no concerns were raised. Contiguity The land within Annexation consists of 0.702-acres, with a total contiguous perimeter (523.58 feet) of 74%, which satisfies the one-sixth (1/6) area required. Contiguity is gained from the 2017 Water Treatment Facility Annexation No. 4, Ordinance No. 023, 2018. Enclave Implications Annexing this 0.702-acre tract of land does not create (nor does it contribute to creating) an enclave. Previous Council Actions On December 17, 2019, City Council unanimously adopted Resolution 2019-111, initiating the annexation of property owned by Platte River Power Authority, which accepted the annexation petition and determined that the petition followed all applicable state laws and notification requirements. 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. Any future development would 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 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 Residential Foothills (R-F) 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 Section 31-12-108. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) -1- ORDINANCE NO. 026, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE SOLDIER CANYON PUMP STATION ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2019-111, finding substantial compliance and initiating annexation proceedings for the Soldier Canyon Pump Station Annexation, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2020-014 setting forth findings of fact and determinations regarding the Soldier Canyon Pump Station Annexation 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 Soldier Canyon Pump Station Annexation (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- 111 and Resolution 2020-014 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: 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; -2- 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. Said described parcel of land contains 30,569 square feet or 0.702 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 Soldier Canyon Pump Station Annexation, 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, as a condition of annexing the Property, the Property owner, Platte River Power Authority, shall reimburse the City for all costs to acquire existing Xcel Energy, Inc., infrastructure located on the Property and associated with the switch to electricity being provided by the City. Section 6. 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 -3- Passed and adopted on final reading on the 18th day of February, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk