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HomeMy WebLinkAboutINTERCHANGE BUSINESS PARK 3RD - ANNEXATION & ZONING - 35-05B - REPORTS - FIRST READINGNo Text Section 3. That the CityManager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. , , ...... .. ..:' Introduced, considered favorably on first reading, and ordered published this 15th day of November, A.D. 2005, and to be presented for final passage on the 20th day of December; A.D. 2005. ' Mayor _ ATTEST: City Clerk Passed and adopted on final reading this 20th day of December, A.D. 2005. Mayor ATTEST: City Clerk I- ALONG A CURVE CONCAVE TOWARDS THE SOUTHEAST 339.62 FEET, WITH A CENTRAL ANGLE OF 540 12' 08", A RADIUS _OF 359.00 FEET AND A CHORD WHICH BEARS N 270 25' 04" E 327.09 FEET; 2- N 540 30' 57" E 1013.19 FEET; ' 3- ALONG A CURVE CONCAVE TOWARDS THE NORTHWEST A LENGTH OF 330.20 FEET, WITH A CENTRAL ANGLE OF 550 38' 37" A RADIUS OF 340.00 FEET AND A CHORD WHICH BEARS N 260 41' 36" E 317.37 FEET; 4- N 01° 07' 35" W 193.02 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE.ORCOLORADO HIGHWAY 14 (A.K.A. EAST MULBERRY STREET); 5- N 530 59' 02" E 63.66 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY; 6- S 890 08' 58" E 94.35 FEET CONTINUING .ALONG SAIDSOUTHERLY RIGHT-OF-WAY; ' 7- N 000 40' 44" W 127.62 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15; 8- N 000 45' 00" E 71.37 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY OF COLORADO HIGHWAY 14 (A.K.A. EAST MULBERRY STREET); THENCE, N 680 26' 05" W 214.43 FEET ALONG SAID RIGHT-OF-WAY; THENCE, N 810 58' 06" W 46.30 FEET CONTINUING ALONG SAID RIGHT-OF- WAY; THENCE, N 80' 49' 35" W 159.16 FEET CONTINUING ALONG SAID RIGHT-OF-WAY; THENCE, S 00° 45' 00" W 272.27' FEET TO A POINT OF INTERSECTION WITH THE' -NORTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15; S 00°i 45'_00" W 138.23 FEET TO A POINT OF INTERSECTION WITH THE: SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO HIGHWAY 14 (A.K.A. EAST MULBERRY STREET) ALSO BEING THE NORTHERLY LINE OF SAID :INTERCHANGE: BUSINESS PARK SUBDIVISION; 5, THENCE, S 350 28' 58" E 274.67 FEET ALONG SAID NORTHERLY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF THE SOUTHEAST FRONTAGE ROAD; THENCE; ALONG A CURVE CONCAVE TOWARDS THENORTHWES7A LENGTH OF 113.57 FEET, WITH A CENTRAL ANGLE OF 250 01' 38' , A RADIUS OF 260.00 FEET 'AND A CHORD WHICH BEARS S 30° 44' 57" W :1J2'.67; THENCE; S. 540 30' 13" W 333.70 FEET ALONG SAID RIGHT-OF-WAY LINE; THENCE, N 350 30' 27" W 443.03 FEET; THENCE, S 42° 33' 02" W 444.41; THENCE, S'20' 02' 36" W 380.42 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 12.70 ACRES MORE OR LESS. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above - described property is not included in the Residential Neighborhood Sign District. ORDINANCE NO. 154, 2005 OF THE COUNCIL, OF THECITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE INTERCHANGE BUSINESS PARK THIRD' ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO i WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, in accordance with the foregoing, the Council has considered the zoning of the property which is the subject of this ordinance, and has determined that the said property should be zoned as hereafter provided. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Interchange Business Park Third Annexation to the City of Fort Collins, Colorado, in the Commercial (C) Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN AS BEARING S 00" 19' 37" W WITH ALL BEARINGS HEREIN RELATIVE THERETO: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15; THENCE S 000 19' 37" W 1083.79 FEET; THENCE, S 890 40' 58" E 60.20 FEET TO A POINT ON THE WESTERLY LINE OF INTERCHANGE BUSINESS PARK SUBDIVISION, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTINUING, S 890 40' 58" E 8.69 FEET; THENCE, S 00° 19' 20" W 451.78 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE INTERCHANGE LANDS FIRST ANNEXATION TO THE CITY OF FORT COLLINS AT THE EASTERLY RIGHT-OF-WAY LINE OF THE SOUTHEAST FRONTAGE ROAD; THENCE THE FOLLOWING EIGHT (8) COURSES ON AND ALONG THE WESTERLY LINE OF SAID INTERCHANGE LANDS FIRST ANNEXATION ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF THE SOUTHEAST FRONTAGE ROAD: Section 3. That the City hereby consents, pursuant to Section 3745-136(3.6), C.R.S., to the inclusion of said property into the Municipal' Subdistrict, Northern' Colorado Water Conservancy District. Introduced, considered favorably on first reading;'and ordered published this 15th day of November, A.D. 2005, and to be presented for final passage on the 20th day of December, A.D. 2005. Mayor ATTEST: City Clerk Passed and adopted on final reading this:20th day of December, A.D. 2005. c ATTEST: City Clerk EAST MULBERRY STREET); 5- N 530 59' 02" E 63.66 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY; 6- S 890 08' 58" E 94.35 FEET CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY; ' 7- N 000 40' 44" W 127.62 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15; 8- N 000 45' 00" E 71.37 FEET TO A POINT OF INTERSECTION WTTH THE NORTHERLY RIGHT-OF-WAY OF COLORADO•HIGHWAY 14 (A.K:A: EAST : MULBERRY STREET); THENCE, N 680 26' 05" W 214.43. FEET ALONG SAID: RIGHT-OF-WAY; THENCE, N 810 58' 06" W 46.30 FEET CONTINUING ALONG SAID RIGHT-OF- WAY; THENCE, N 80° 49' 35" W 159.16 FEET CONTINUING ALONG SAID RIGHT-OF-WAY; THENCE, S 00° 45' 00".W 272.27.FEET.TO A POINT OF. INTERSECTION WITH THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15; S 00° 45' 00" W 138.23 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO HIGHWAY 14 (A.K.A. EAST MULBERRY STREET) ALSO BEING THE NORTHERLY LINE OF SAID. INTERCHANGE BUSINESS .PARK SUBDIVISION; :. THENCE, S 350 28' 58" E 274.67 FEET ALONG SAID NORTHERLY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF THE SOUTHEAST FRONTAGE ROAD;'THENCE; ALONG A CURVE CONCAVE TOWARDS THE NORTHWEST ALENGTH OF 113.57 FEET, WITH A CENTRAL ANGLE OF 250 01' 38';.A RADIUS. OF 260.00.FEET AND A CHORD WHICH BEARS S 300 44' 57" W! 112.67; TTHENCE, S •54° 30' 13" W 333.70 FEET ALONG SAID RIGHT-OF-WAY LINE; THENCE, N 35° 30' 27" W 443.03 FEET; THENCE, S 42° 33' 02" W.444.41; THENCE, S 20102' 36" W 380.42. FEET TO THE TRUE POINT OF BEGINNING'FORTHIS:DESCRIPTION;. CONTAINING 12.70 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 Interchange Business Park Third Annexation, which annexation shall become effective in accordance with the provisions 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 2. That, in annexing said 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 the ordinances of the City. ORDINANCE NO. 153, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE INTERCHANGE BUSINESS PARK THIRD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2005-1.19; finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS, the Council does hereby find and•determine that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE:COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit:,. CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP '7 .NORTH; RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN AS BEARINGS 000 19' 37" W WrITI ALL BEARINGS' HEREIN RELATIVE THERETO: . COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15; THENCE S 000 19' 37" W 1083.79 FEET;. THENCE,. S 89'. 40' 58" E 60.20:FEET TO A POINT ON THE WESTERLY LINE OF INTERCHANGE BUSINESS PARK SUBDIVISION, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTINUING, S 890 4015811 E 8.69 FEET; THENCE,:S' 00° 19' 20" W 451.78 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE'' INTERCHANGE LANDS FIRST ANNEXATION TO THE CITY OF FORT COLLINS AT THE EASTERLY RIGHT-OF-WAY LINE OF THE SOUTHEAST' FRONTAGE ROAD; THENCE: THE FOLLOWING EIGHTI(8) COURSES ON AND ALONG THE WESTERLY LINROF SAID INTERCHANGE LANDS FIRST ANNEXATION ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF THE SOUTHEAST FRONTAGE ROAD: 1- ALONG A CURVE CONCAVE TOWARDS THE SOUTHEAST 339.62 FEET, WITH A CENTRAL ANGLE OF 540 12' 08", A RADIUS OF 359.00 FEET AND A CHORD WHICH BEARS N 270 25' 04" E 327.09 FEET; 2- N 540 30' 57" E 1013.19 FEET; 3- ALONG A CURVE CONCAVE TOWARDS THE NORTHWEST A LENGTH OF 330.20 FEET, WITH A CENTRAL ANGLE OF 550 38' 37" A RADIUS OF 340.00 FEET AND A CHORD WHICH BEARS N 260 41' 36" E 317.37 FEET; 4- N 01 ° 07' 35" W 193.02 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO HIGHWAY 14 (A.K.A. RESOLUTION 2005-119 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE INTERCHANGE BUSINESS PARK THIRD ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Interchange Business Park Third Annexation; and, WHEREAS, following notice given as required by law, the Council has held a hearing on said annexation NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: . Section 1. That the Council hereby finds that the petition for annexation complies with the Municipal Annexation Act. • . : . Section 2. That the Council hereby finds that there is at least one -sixth (1/6) contiguity between the City and the property proposed to Abe annexed; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future; and that said property is integrated with or is capable of being integrated with the City. . Section 3. That the Council fuuther determines that the applicable parts of said Act have been met, that an election is not required under said Act and that there are no other terms and conditions to be imposed upon said annexation. Section 4. That the Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with said Act. Section S. That the Council concludes that the area proposed to be annexed in the Interchange Business Park Third Annexation is eligible for annexation to the City and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 15th day of November, A.D. 2005. Mayor ATTEST: City Clerk November 15, 2005 -5- 1 Item No. 24 Findings of Fact/Conclusion: In evaluating the request for the Interchange Business Park Third Annexation ,and Zoning, Staff makes the following findings of fact: 1. The annexation of this parcel is consistent with the policies and agreements between Larimer County and the City of Fort Collins; as contained in the : amended INTERGOVERNMENTAL AGREEMENT —.GROWTH MANAGEMENT AREA. 2. The parcel is the third in a series of three and meets all criteria included in State law to qualify for annexation by the City of FortCollins. - ; 3. The requested zone district, C, Commercial, is in conformance with the City's Comprehensive Plan (I-25 Sub Area Plan) and the City Structure Plan Map. 4. In accordance with the Annexation Agreement, the: City -of Fort" Collins has been duly authorized and designated to proceed with the annexation. 5. On September 20, 2005, City Council approved the Resolution which accepted the annexation petition and determines that the petition is in compliance with State law. 6. For the Planning and Zoning Board hearing of September;15,1005, written notice was provided to affected property owners. The Board's agenda was published in the Coloradoan on September 8, 2005. Notification for Council's. First Reading of the annexation and zoning was also published in the Coloradoan. These notification procedures comply with the Land Use Code and State Statutes. Planning and Zoning Board Recommendation: On September 15, 2005, the Planning and Zoning Board voted 7 = 0 to recommend annexation into the municipal boundary, placement into the-C; Commercial', zone district. November 15, 2005 -4- Item No. 24 B. Commercial Zoning The I-25 Sub Area Plan calls for the placement of commercial land uses within designated commercial corridors. The Plan states: "The Commercial Corridors classification is intended to provide for a wide range of community and regional retail uses, as well as offices, business and personal services. The majority of Commercial Corridor areas, near the I-25 /Mulberry Street interchange are, for the most part, undeveloped. While this classification is typically the location for highway business and auto -related uses, it also presents opportunities over time to transform existing developed areas into mixed -use (including residential), multi -modal centers, concurring with the overall vision for Fort Collins." The entire area contained within the annexation is located within one-half mile of East Mulberry Street and one -quarter hole of I-25. The parcel is under development. as approved in Larimer County. Therefore, City stafirecommends C; Commercial zoning in conformance with the I-25 Sub Area Plan. C. Boxelder Creek The Sub Area Plan identifies the 100-year floodplain of Boxelder Creek as a valuable open land amenity within the corridor. Boxelder Creek runs north -to -south on the east side of the First and Second Annexations. Compliance with State Law: As mentioned, the annexation has 40.50% of its perimeter boundary contiguous with existing City limits which exceeds the required one -sixth as mandated by State law. The parcel is found to have a community of interest with the City. The,parcel is "the third in a series bf three that will ultimately result in the annexation of 62.33 acres., Annexation mi a series is permitted under State Statutes. Finally, the parcel is in the process of developing in an urbanized manner consistent with the development pattern of the City. Notice: For the Planning and Zoning Board hearing of September 15, 2005, written notice was provided to the affected property owners within 500 feet of the property, exclusive of public right-of-way, as well as the property owners within the annexation. This included mailings to 479 property owners of record. In addition, the agenda for the Planning and Zoning Board hearing was published in the Coloradoan on September 8, 2005. For the consideration of First Reading by City Council, notice was provided by the City Clerk's Office to the Coloradoan after the Initiating Resolution of September 20, 2005. Such notice ran for four consecutive Sundays following the Initiating Resolution. The notification protocol for both Planning and Zoning and City Council First Reading complies with requirements of the Land Use Code and State Statutes. November 15, 2005 -3- Item No. 24 100% voluntary annexation. The parcel is not an enclave. On September 20, 2005, City Council approved a Resolution which accepted the annexation petition and established that the petition is in compliance with State statutes. Annexation Agreement: On July 19, 2001, Mr. James R. Mokler entered into a voluntary Annexation Agreement granting the City of Fort Collins the ability to annex the Interchange Business Park project. The propertywill gain the necessary one -sixth contiguityby the annexation of State Highway 14 —East Frontage Road Annexation. Mr. Mokler is aware that the City of Fort Collins is proceeding with the annexation under the terms of the Agreement. :... ' Zoning: The proposed zoning for the subject annexation is C, Commercial. This district is intended to be a setting for development, redevelopment and infill of a wide range of communityand regional retail uses, offices and personal and business services. Secondarily, it can accommodate a wide range of other uses including creative forms of housing. While some Commercial District arras may continue to meet the need for auto -related and other auto -oriented uses, it is the city's intent that the Commercial District emphasize safe and convenient personal mobility in many forms, withplanning and design that accommodates pedestrians. The requested zoning of C, Commercial; complies'with the I-25 Sub Area Plan. Consistency With City Plan and I-25 Sub Area Plan:' A. City Plan Principles and Policies . As mentioned, the parcel is contained within the I-25 Sub Area Plan. This sub -area plan is a component of the I-25 Regional Communities Corridor Plan which was adopted by the City Council in November of 2001. The I-25 Sub Area Plan was adopted on August 19, 2003. City Plan Principle LIJ 4 states: "More specific subarea planning efforts will follow adoption of these City Plan Principles and Policies which tailor City Plan 's city-wide perspective to individual neighborhoods, districts, corridors and edges. " City Plan Policy LU4.5 states: "The following areas have been identified as priority for future subarea planning: • I-2S Corridor • Mountain Vista • East Mulberry • Fossil Creek Reservoir Area" November 15, 2005 -2• Item No. 24 The parcel gains the necessary one -sixth contiguity along the entire east property line. This contiguity is contingent upon the annexation of the Interchange Lands First and Second Annexations. Of the total perimeter boundary, the parcel has 40.50% contiguitywith the city limits. This substantially exceeds the required minimum of 16.66% (one -sixth). The parcel, therefore, complies with the requirements of the INTERGOVERNMENTAL AGREEMENT — GROWTH MANAGEMENT AREA and is eligible for annexation. This is a 100% voluntary annexation for a property located within the Growth Management Area. The property satisfies the requirement that no less than one -sixth of the perimeter boundary be contiguous to the existing City boundary. The recommended zoning of C, Commercial, is in compliance with the City's Comprehensive Plan, Structure Plan Map and the I-25 Sub Area Plan. The subject parcel was legally divided in the County and platted as Interchange Business Park. The Initiating Resolution was considered by City Council on September 20, 2005 and approved. On September 15, 2005, the P & Z Board voted 7 — 0 to annex the property and to place into the C, Commercial, zone district. Consistency with Existing Policies: According to the policies and agreements between the City of Fort Collins and Larimer County, contained in the amended (November 21, 2000) USITERGOVERNMENTAL AGREEMENTS — GROWTH MANAGEMENT AREA (IGA), the City will agree to consider for annexation property in the U.G.M.A. when such property is eligible for annexation according to State law. According to Section 8A of the IGA, as amended:' "It is the City's intent to annex properties within the GMA as expeditiously as possible consistent with the tenons of this Agreement. Except as provided in Section 8(B), the City agrees to consider the annexation of any parcel or parcels of land located within the GMA which are eligible for voluntary annexation pursuant to the provisions of Title 31, Article 12 Colorado Revised Statutes." The surrounding zoning and land uses are as follows: N: County — C Commercial; Partially developed but mostly vacant ground; S: County — C, Commercial; Interchange Business Park — Existing Commercial E: County — C, Commercial; Interchange Business Park — Existing Commercial W: County - C Commercial; Existing mix of commercial and auto -related uses. The parcel gains the necessary one -sixth contiguity along the entire east property line. This contiguity is contingent upon the annexation of the Interchange Lands First and Second Annexations. Of the total perimeter boundary, the parcel has 40.50% contiguitywith the city limits. This substantially exceeds the required minimum of 16.66% (one -sixth). The parcel, therefore, complies with the requirements of the INTERGOVERNMENTAL AGREEMENT — GROWTH MANAGEMENT AREA and is eligible for annexation. One of the stated intents of the AGREEMENT is to have urban development occur within the City in order that the provision of urban level services by the County would be minimized. This is a AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT ITEM NUMBER: 24 DATE: November 15, 2005 STAFF: Ted Shepard Items Relating to the Interchange Business Park Third Annexation and Zoning. RECOMMENDATION Staff recommends approval of the Resolution and the Ordinances on First Reading. EXECUTIVE SUMMARY A. Public Hearing and Resolution 2005-119 Setting Forth Findings of Fact and Determinations Regarding the Interchange Business Park Third Annexation. B. First Reading of Ordinance No. 153, 2005, Annexing Property Known as the Interchange Business Park Third Annexation. C. First Reading of Ordinance No. 154, 2005, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Interchange Business Park Third Annexation. This is a 100% voluntary annexation and zoning of a property approximately 12.70 acres in size. The site is located on the east side of the I-25 East Frontage Road south of State Highway 14 (East Mulberry Street). Contiguity with the existing municipal boundary is gained along the entire east property line which abuts the Interchange Business Park Second Annexation (34.08 acres). The recommended zoning is C, Commercial, which is in conformance with the 1-25 Sub Area Plan. This annexation is the third in a series of three that will cumulatively result in the annexation of 62.33 acres. BACKGROUND The property is located within the Growth Management Area. According to the policies and agreements between the City of Fort Collins and larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE CITY OF FORT COLLINS GROWTH MANAGEMENT AREA, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law.