HomeMy WebLinkAboutMemo - Mail Packet - 4/2/2024 - Memorandum From Megan Keith And Ryan Mounce Re: East Mulberry Monitoring Report, March 20241
MEMORANDUM
Date: March 21, 2024
To: Mayor Arndt and City Councilmembers
Through: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
Caryn Champine, Planning, Development & Transportation Director
From: Megan Keith, Senior Planner
Ryan Mounce, City Planner
Re: East Mulberry Monitoring Report, March 2024
__________________________________________________________________
Purpose: The purpose of this memorandum is to update Councilmembers on anticipated voluntary
annexation activities and potential threshold annexations to be studied in the East Mulberry Enclave. This
Monitoring Report is the first to be issued after the recent adoption of the East Mulberry Plan. This is
informational only and no action is required at this time.
Executive Summary
This document has been prepared as the first Monitoring Report following the adoption of the East
Mulberry Plan on December 5, 2023. As described in the updated East Mulberry Plan, staff will prepare
Monitoring Reports every two years (or as needed depending on additional factors) to compile information
on the East Mulberry Enclave related to recent annexations, development activity, upcoming capital or
master planning projects, and more. Monitoring Reports are an important tool that will assist in long-term
documentation of conditions within the enclave and help determine when further study of potential
annexation thresholds is warranted. The sections of the report are outlined below. Section 3 outlines
potential annexation thresholds and next steps for City Council consideration.
Executive Summary ................................................................................................................ 1
1. Introduction ......................................................................................................................................... 2
A. Monitoring Report Background and Purpose ................................................................................... 2
B. Enclave Overview ............................................................................................................................ 2
C. City of Fort Collins-Larimer County IGA & State Annexation Requirements ................................... 3
2. Enclave Conditions ............................................................................................................................. 4
Community Development &
Neighborhood Services
Planning & Development Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.221.6376
970.224.6111- fax
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A. Recent Annexations (2018-2023) .................................................................................................... 4
B. Recent Developments (2018-2023) ................................................................................................. 5
C. Infrastructure .................................................................................................................................... 6
D. City / Institutional Land Ownership .................................................................................................. 7
E. Additional Topics .............................................................................................................................. 7
3. Annexation Threshold Candidates & Next Steps ............................................................................ 8
A. Annexation Threshold Candidate #1 – East Vine Mixed-Use Project .............................................. 9
B. Annexation Threshold Candidate #2 – I-25 Gateway Area ............................................................ 9
C. Other Annexation Threshold Candidates Under Observation ........................................................ 10
D. Next Steps ...................................................................................................................................... 12
1. Introduction
A. Monitoring Report Background and Purpose
The East Mulberry Enclave (‘the enclave’) is an area of unincorporated Larimer County completely
surrounded by Fort Collins city limits. As part of the East Mulberry Plan, the City adopted a policy to
explore annexation of the enclave over many years in a more flexible manner based on changing
conditions and catalysts such as new funding and resource opportunities, the maintenance of logical
boundaries for services provision, and new development or redevelopment within the enclave. This
approach is known as the thresholds approach to annexation.
As part of this annexation threshold approach, the City closely monitors conditions in the enclave and
entire East Mulberry Plan Area and will prepare periodic Monitoring Reports to document changed
conditions. Monitoring Reports also serve to document the progression and decision-making leading up to
potential threshold annexations.
For more information on the East Mulberry Enclave Thresholds Annexation Strategy, see the East
Mulberry Plan, Section 5.
B. Enclave Overview
The East Mulberry Enclave was formed in 2018 and became eligible for involuntary annexation into the
City of Fort Collins in 2021. When first formed, the enclave was approximately 2.7 square miles in size
and located between Lemay Avenue on the west, I-25 on the east, Vine Drive to the north, and as far
south as Prospect Road. The enclave’s boundaries are frequently changing as property owners and
developers voluntarily seek annexation into the City, usually as part of a development proposal. See
Figure 1 for the East Mulberry Plan Area boundaries .
The enclave features a wide variety of vacant and developed land, infrastructure quality, natural features,
and existing land-uses, all of which contribute to a unique and challenging environment to consider
potential annexation, including considerations for infrastructure quality and maintenance, resources to
provide utility and policing services, tax collection, and business and resident im pacts.
For more information on specific character areas within the enclave, see the East Mulberry Plan, Section
2.
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Figure 1: East Mulberry Plan Area Context
C. City of Fort Collins-Larimer County IGA & State Annexation
Requirements
The East Mulberry Enclave is located within the Fort Collins Growth Management Area (GMA) which was
established through an Intergovernmental Agreement (IGA) with Larimer County. In establishing the
boundaries of the GMA, the IGA also sets forth a general goal to annex areas within the GMA that are
eligible. Annexation of GMA areas and within the East Mulberry Enclave occur by two methods:
Voluntary Annexations: Property owners can voluntarily petition to annex into the City if they are
located within the Growth Management Area. To date, this has been the primary means by which
properties are annexed into the City. The IGA between Larimer County and the City of Fort
Collins also requires property owners pursuing certain types of development or redevelopment to
annex into the City if the property is eligible to do so in order to expeditious ly move areas of the
GMA into City limits and receive urban level services.
When properties voluntarily petition to annex, at least 1/6 of the property boundary must be
contiguous with city limits. In addition, multiple property annexations must have more than half of
property owners consenting to annexation (Colorado Revised Statutes 31-12-104).
Involuntary Annexations: Cities may involuntarily annex properties if they ar e part of an enclave,
an area completely surrounded by city limits, after a period of three years (Colorado Revised
Statutes 31-12-106). The City of Fort Collins has generally pursued involuntary annexations of
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enclaves within the GMA. Given the size of the East Mulberry Enclave and the required resources
needed to serve the area, the City is deploying the current thresholds approach to annexation.
2. Enclave Conditions
The following information, charts, tables, and maps represent relevant information about existing
conditions in the enclave as they may relate to potential future annexation thresholds. Over time,
Monitoring Reports and their associated data will be able to provide a comprehensive review of recent
annexations, capital planning, development project and other planning or funding efforts.
A. Recent Annexations (2018-2023)
Over the preceding five-year period seven annexations occurred within the enclave boundary totaling
nearly 87 acres, including the 1.77 acres of the East Gateway Annexation which officially created the East
Mulberry Enclave. The largest annexations occurred north of Mulberry Street and Greenfields Court and
are related to large new mixed-use developments in the corridor. Both the developm ents themselves as
well as the addition of new City limit boundaries in the middle of the enclave may be a catalyst for
additional annexations in the near future for adjoining properties seeking further (re)development. Recent
annexations are listed in Table 1 and illustrated in Figure 2.
Table 1: Recent Annexations
Annexation Name Ordinance
Date
Size City Zoning
Designation
1. East Gateway Annexation August 2018 1.77 acres LMN
2. Timberline-International Annexation No. 1 February
2020
.09 acres I
3. Timberline-International Annexation No. 2 February
2020
.86 acres I
4. Timberline-International Annexation No. 3 February
2020
1.39 acres I
5. Springer-Fisher Annexation No. 1 February
2021
71.35 acres Varies (LMN, MMN,
I, E, NC, CG)
6. Springer-Fisher Annexation No.2 February
2021
5.46 acres CG
7. Peakview Annexation No. 1 August 2022 5.82 acres Varies (MMN, CG,
NC)
Total: 86.74
acres
Zone District Key:
Low Density Mixed Use (LMN)
Medium Density Mixed Use (MMN)
Industrial (I)
Employment (E)
Neighborhood Commercial (NC)
General Commercial (CG)
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B. Recent Developments (2018-2023)
The Mulberry Corridor continues to see an uptick in development activity and interest, especially north of
Mulberry near Timberline Road and Greenfields Court. These areas represent some of the largest areas
of vacant and undeveloped land in the corridor and/or continue to see investment and activity related to
additional growth and developm ent further northeast in Fort Collins. Some of the largest recent
development projects, whether located in the City or County, include:
Project Jurisdiction Primary
Land Use
Dwelling
Units
Nonresidential
Square
Footage
Greenfield or
Redevelopment
1. Landings at
Lemay Fort Collins Residential 344 0 Greenfield
2. Eastridge (aka
Mosaic) All
Filings
Fort Collins Residential 912 TBD Greenfield
3. Mulberry &
Greenfields
PUD (aka
Bloom)
Fort Collins Mixed-Use 1,600 TBD, up to 20-
30 acres Greenfield
Figure 2: Recent Annexations (2018 - 2022)
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4. Mulberry
Connection Fort Collins Industrial 0 164,000 Greenfield
5. Select Wood
Floors Larimer Co. Retail 0 12,000 Greenfield
6. The Genesis
Project Larimer Co. Institutional 0 9,600 (addition
only) Redevelopment
7. Summit View
Ready Mix Larimer Co. Concrete
Batch Plant 0 0 Greenfield
8. Zurich Ct
Industrial Flex Larimer Co. Commercial /
Industrial 0 36,000 Greenfield
Collectively, these larger projects amounted to approvals or master planning for over 2,500 dwelling units,
200,000 square feet of commercial and industrial space, and the potential for several hundred thousand
additional square feet of retail and office space when factoring in plans for the Bloom project.
C. Infrastructure
Over the past five years, several important infrastructure projects were recently completed and early
design and planning for several additional projects is beginning. Like recent developments, these
infrastructure projects may result in changed conditions or catalyze further changes in the vicinity that
impact priorities and the timeline and suitability for potential annexation. Recent projects include:
Figure 3: Recent Developments (2018 - 2023)
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Mulberry Bridge Replacement (2016) – Reconstruction of the Mulberry Street bridge over the
Poudre River along the enclave’s western boundary between Riverside Avenue and Lemay
Avenue. The new bridge was widened and further elevated over the river with new landscaping,
median, and urban design features as well as nearby enhancements to the Poudre Trail.
Lemay Overpass (2021) – Realignment of Lemay Avenue and construction of a new overpass
carrying Lemay Avenue over Vine Drive and the BNSF railroad tracks. The overpass was
constructed to reduce delays caused by the railroad crossing and limited right of way at the
existing Lemay Avenue and Vine Drive intersection, and to improve access for the
Andersonville/San Cristo and Via Lopez neighborhoods onto Lemay Ave/9th Street.
Vine & Timberline Intersection Improvements (Construction anticipated 2024) - Intersection
improvements are proposed at the Vine & Timberline intersection, including drainage channel
regrading, signalization enhancements, and intersection widening. Similar to the Vine & Lemay
intersection, the City’s Master Street Plan identifies this intersection as the potential location for a
future grade separated crossing.
Lincoln & Timberline Intersection (Construction anticipated 2024) – Design work is being finalized
for improvements at the Lincoln Avenue and Timberline Road intersection to include new turning
movements, turn lanes, and medians/Channelized-T to improve safety and capacity and prevent
back-ups onto adjacent Mulberry Street.
I-25 & Mulberry Interchange – (Preliminary design 2024) - Preliminary design and engineering is
beginning to explore replacement of the existing interchange at I-25 & Mulberry. This is a long-
term project that will require additional stakeholder engagement, funding, and design but has the
potential to be transformative to the Mulberry Corridor by improving multi-modal safety, traffic
operation, and creating new gateway elements at an important comm unity entrance.
D. City / Institutional Land Ownership
Within the enclave, the City of Fort Collins represents a large and growing property owner. Over the past
five years, the City has continued purchasing or received dedication of additional properties for the
purpose of constructing future parks, conserving/protecting land and natural habitat, or for future utility,
stormwater, and infrastructure projects. Recent land acquisition in the enclave includes:
Properties near Weicker Drive & Centro Way – Between 2016-2021 the City purchased several
parcels west of the Weicker Drive & Centro Way intersection to the east of the Cooper Slough.
These properties were purchased by the Natural Areas department and are intended to help
protect and preserve a buffer around the Slough.
Northern Cooper Slough – In 2023 the City’s Natural Areas Department also purchased a 36-acre
property along the northern portion of the Cooper Slough near Vine Drive to preserve a buffer.
The City will continue to look for opportunities to purchase additional properties in/near the
Cooper Slough in the future.
In addition to these recent land purchases, the City also owns land along the Poudre River south of
Mulberry Street near Lemay Avenue as part of its Natural Areas portfolio and a large piece of land north of
Vine Drive and the Trailhead Neighborhood for use as a future regional stormwater detention facility and
electric substation. In addition, the Parks Department was dedicated land within the developing Mosaic
Neighborhood for a future local park site.
E. Additional Topics
Additional topics that will be explored in future Monitoring Reports, or explored when studying specific
annexation thresholds may include:
o Existing Signage & Billboards
o Existing Special Improvement Districts
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o Changes in County Maintenance of streets or other existing infrastructure1
Annexation Threshold Candidates & Next Steps
As explored in the East Mulberry Plan, multiple annexation threshold types have been formulated to help
identify, categorize, and evaluate changes in condition within the East Mulberry Enclave and whether
further study of annexation feasibility is warranted. The East Mulberry Plan outlined three defined
annexation threshold categories:
Maintenance of Logical Boundaries
Achievement of Citywide Policy Priority
External Funding & Capital Project Alignment
A threshold based on Maintenance of Logical Boundaries seeks to streamline the provisions of services
and enforcement responsibilities by uniting an area that is split between City and County jurisdiction.
Under an Achievement of Citywide Policy Priorities threshold, the City may elect to pursue annexation in
portions of the enclave to advance important community policy priorities . In nearly all cases, this would
require properties to be located within City boundaries in order to enforce standards or receive funding.
An example of achieving a Citywide policy priority may include protecting manufactured housing
communities. An annexation threshold based on External Funding & Capital Project Alignment could
apply when external funding is awarded that could alleviate costs associated with annexation.
Additionally, this threshold type may apply in cases where geographic efficiencies could be achieved if
multiple capital project sites are able to be consolidated by one annexation action. Please refer to the
East Mulberry Plan for a more detailed description of threshold types.
City staff identified the following potential annexation threshold candidates with a description of the
threshold category, the activity initiating the threshold consideration, and potential next steps. Each
Threshold Candidate and associated Potential Expansion Areas are highlighted in the maps on the
subsequent pages. A corresponding table describes the type of annexation thresholds that would be
considered as well as recommended next steps. The Potential Expansion Areas described in the tables
below would be sequential and augmentative considerations.
It is important to note that the information contained within this report is not the only resource that City
Council members will utilize to make decisions regarding future annexations. As is outlined in the East
Mulberry Plan, when a potential annexation threshold candidate has been identified, City staff initiate an
analysis period. The analysis period will include evaluation of existing infrastructure and the City’s ability
to begin providing services to these areas upon potential annexation. Another significant component of
the analysis period is evaluation of the financial impacts and resources required for potential annexation.
During this time, adjustments may be made to annexation threshold candidate area boundaries based on
these findings. The analysis period will include community outreach, business outreach, and in many
cases, the formation of an official Annexation Transition Team (formerly referenced as Annexation
Transition Committee). Following an analysis period, staff will deliver a full analysis report for City Council
review.
1 A memo was recently distributed to City Councilmembers dated March 11, 2024, with a subject: “Annexed Streets Conditions and
Levels of Service”. This memo explores maintenance categories of annexed roads and the challenges of bringing annexed roads up
to Larimer County Urban Area Street Standards (LCUASS) for City Maintenance and Acceptance.
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A. Annexation Threshold Candidate #1 – East Vine Mixed-Use Project
Annexation Threshold Location: Near Vine Drive and Timberline Road intersection.
Threshold Initiating Factor: Potential voluntary annexation and subsequent development of the property located at the northeast corner of the
Vine and Timberline intersection, otherwise known as ‘East Vine Mixed-Use Project’. The project location is outlined in red in Figure 5 below.
This would be a voluntary annexation initiated by the property owner and developer. At the time of Monitoring Report publication, no official
application for annexation has been received. Areas 1 through 4 in Figure 4 are annexation threshold candidates if and when the East Vine
Mixed-Use Project is annexed.
Potential Expansion Area
①
Potential Expansion Area
②
Potential Expansion Area
③
Potential Expansion Area
④
Voluntary Annexation (East
Vine Mixed-Use Project) +
Potential Expansion Area 1
Maintaining Logical Boundaries
Threshold:
After annexation of the parcels
composing the East Vine Mixed-
Use project, the area indicated as
1 becomes isolated and
disconnected from any other
parcels that remain in Larimer
County. Additionally, a portion of
this highlighted area is owned by
the City of Fort Collins.
Voluntary Annexation (East
Vine Mixed-Use Project) +
Potential Expansion Area 1 +
Potential Expansion Area 2
Maintaining Logical Boundaries
Threshold:
If the area contained within
Potential Expansion Area #1 were
to be annexed, the area shaded
in orange and indicated as 2 on
the map would be a partially
isolated cluster of unincorporated
parcels on the north side of Vine
Drive. Therefore, potential
annexation of these parcels could
also be considered a Maintaining
Logical Boundaries Threshold.
Achievement of City Policy
Priorities:
In addition to a potential
Maintaining Logical Boundaries
Threshold, the Plummer School is
also located within this area. This
building is on the National
Register of Historic Places. The
parcel on the northeast corner of
the Vine/Timberline Intersection is
also a potentially significant
historic resource.
External Funding and Capital
Project Alignment:
Multiple upcoming transportation
improvements are slated for the
corner of Vine/Timberline. It may
be advantageous for these
parcels to be within City limits as
these projects are pursued.
Voluntary Annexation (East
Vine Mixed-Use Project) +
Potential Expansion Area 1 +
Potential Expansion Area 2 +
Potential Expansion Area 3
Achievement of City Policy
Priorities:
Potential Expansion Area 3
contains the Collins Aire
Manufactured Home Park.
Physical proximity of this
community to other areas under
consideration as thresholds could
warrant inclusion of the Collins
Aire Manufactured Home Park.
This could contribute towards the
goal of preserving manufactured
home communities.
Maintaining Logical Boundaries
Threshold:
If Collins Aire were to be annexed
into City limits, the westernmost
portion of Potential Expansion
Area 3 would become isolated
and disconnected from any other
parcels that remain in Larimer
County. Additionally, a portion of
this land is owned by the City of
Fort Collins.
Voluntary Annexation (East
Vine Mixed-Use Project) +
Potential Expansion Area 1 +
Potential Expansion Area 2 +
Potential Expansion Area 3 +
Potential Expansion Area 4
Maintaining Logical Boundaries
Threshold:
If Potential Expansion Area 3 is
considered for annexation, the
area around Timberline Road and
International Boulevard would
become the northernmost
boundary of the enclave. For
efficient provision of service, a
Maintaining Logical Boundaries
Threshold may apply to consider
all areas north of International
Boulevard.
City staff are aware of potential
future development activity in this
area that would require
annexation into the City prior to
development. In February 2024,
Heritage Christian Academy has
submitted materials for the City to
perform a Conceptual
Development Review of a
campus expansion project within
Potential Expansion Area 4. For
additional discussion about this
project, please see the section
titled Other Threshold Candidates
Under Surveillance below.
Next Steps: Staff will initiate the formal analysis period, including assembly of an analysis team and an Annexation Transition Team upon
receipt of an official petition for annexation related to the East Vine Mixed Use project. Precise timing of the analysis period may depend on
coordination between Threshold Candidate #1 and #2.
Figure 4: Annexation Threshold Candidate #1
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B. Annexation Threshold Candidate #2 – I-25 Gateway Area
Figure 5: Annexation Threshold Candidate #2
Threshold Location: Near I-25 and Mulberry Interchange
Threshold Initiating Factor: Potential annexation and subsequent development of the property located
within the northeast quadrant of the I-25 and Mulberry Interchange. This would be a voluntary
annexation initiated by the property owner and developer. At the time of Monitoring Repor t publication,
Initiating Resolution of the 45-acre undeveloped property depicted in Figure 5 is scheduled for the April
2 Council Meeting.
Potential Expansion Area 1
①
Maintaining Logical Boundaries Threshold:
Following the annexation of the proposed development project parcel, there will be small ‘islands’ of
unincorporated Larimer County land within a larger area of City of Fort Collins jurisdiction.
Next Steps: Staff will initiate the formal analysis period, including assembly of an analysis team and an
Annexation Transition Team. Precise timing of the analysis period may depend on coordination between
Threshold Candidate #1 and #2.
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C. Other Annexation Threshold Candidates Under Observation
Peakview: Peakview is an existing development project located north of Mulberry Street, near the
intersection of Greenfields Court. City Council previously adopted Ordinance 2022 -099 on October 4,
2022, annexing the property known as Peakview Annexation No. 1. Peakview Annexation No. 2 was
delayed by ongoing discussion between City staff and the project applicants. However, those discussions
have concluded and resubmittal of the annexation petition for this property is expected. Peakview
Annexation No. 2 would annex approximately 75.9 acres of the project site into the City of Fort Collins.
Staff are continually monitoring this project and will examine for applicable thresholds when the petition
for annexation resumes. Potentially applicable threshold considerations that would be examined in this
location include proximity to the Cooper Slough as well as proximity to City-owned properties.
Heritage Christian Academy: On March 8th, 2024, Planning staff performed a Conceptual
Development Review (CDR240012 – Annexation at Heritage Christian Academy) for the existing Heritage
Christian Academy school site located at 2506 Zurich Drive. Heritage Christian Academy previously
acquired property located west of the existing school site with the intent to expand their facilities.
Materials submitted to the City as part of the Conceptual Development Review application indicated that
Heritage Christian Academy intends to expand their campus in a two-phase growth plan. Prior to
development, this project would be required to annex into the City of Fort Collins.
Dependent on timing for both the East Vine Mixed Use and Heritage Christian Academy projects
voluntarily petitioning for annexation, a threshold study similar to the considerations outlined in
Annexation Threshold Candidate #1 could be examined but in th is case, the threshold initiating factor
would originate instead with the Heritage Christian Academy project site. Because of their geographic
proximity, many of the same potential annexation threshold considerations could apply. Staff will continue
to monitor the status of both projects.
Cloverleaf Manufactured Home Community: The Cloverleaf Community is an existing
manufactured housing community located near the northeast quadrant of the I-25 and Mulberry
Interchange. There is an active request to expand the existing community further to the east with
approximately 180 lots and new amenity areas for residents. Both the existing Cloverleaf Community and
the proposed expansion area are outside of the East Mulberry Enclave, but within the City’s Growth
Management Area. City of Fort Collins planning staff have been participating in ongoing coordination
discussions with Larimer County regarding this proposed project.
Other Annexation Threshold Candidates: City staff are continually monitoring the East Mulberry
Enclave for development activities or other changes in condition that may warrant threshold analysis. If
additional potential threshold activities arise between issuance of Monitoring Reports, City staff will
prepare updates as needed and reissue reports for City Council review.
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Figure 6: Other Annexation Threshold Candidates Under Observation
D. Next Steps
As previously mentioned, City staff plan to issue updated Monitoring Reports such as this one every two
years. If additional potential threshold activity between each two-year period warrants interim updates,
staff will amend and reissue the most recent Monitoring Report with updates highlighted. City staff will
continue working closely with Larimer County staff to coordinate and communicate on matters within the
East Mulberry Enclave.
Section 5 of the East Mulberry Plan identifies actions to follow when a potential annexation threshold has
been identified, when to continue monitoring a threshold or initiate the analysis period. When the analysis
period is kicked off, staff will identify potential annexation boundaries and will initiate a neighborhood
meeting. Residents and businesses from within this area will be invited to participate in the neighborhood
meeting. Following this meeting, staff will begin to perform the detailed financial analysis and will
assemble a detailed annexation threshold analysis report that City Council will receive at the end of the
analysis period. After reviewing the report, City Council will request additional information as needed and
instruct City staff how to proceed. At this time, City Council may determine to not proceed with
annexation, to proceed with annexation for the entire area that was studied, or a portion of the area that
was studied.
CC: Paul Sizemore, Director of Community Development and Neighborhood Services
Clay Frickey, Planning Manager
Travis Storin, Chief Financial Officer
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Sylvia Tatman-Burruss, Senior Project & Policy Manager
Shawna Van Zee, City Planner
Janelle Guidarelli, Associate City Planner
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