HomeMy WebLinkAboutCLYDESDALE PARK FIRST & SECOND ANNEXATIONS ..... 10/07/14 CITY COUNCIL HEARING - ANX140002 - REPORTS - FIRST READING•� Agenda Item #7 — Resolution 2014-084 Clydesdale Park Annexation
October 7, 2014
Finance that could be used, and/or whether they had the resources to complete an analysis. As a
result of that conversation and after analyzing available planning staff resources, staff estimates
that $30-$40,000 would be needed to hire a consultant to complete such analysis. Staff resources
could be available in the second half of 2015 to assist in the work.
The next opportunity for a detailed analysis regarding annexation costs is expected to be in
conjunction with the East Mulberry Corridor enclave annexation and would contain more
specific cost information. Generally, it has not been a practice to provide such information for
annexations occurring within the Growth Management Area unless the area is significant in size.
Staff believes that such analysis was required for the Southwest due to the large area and
complexity of the annexation since it was an enclave process initiated and unilaterally completed
by the City.
Third, What can be done with the money in the HOA PID?:
Questions have also arisen regarding funding that the Clydesdale Homeowners
Associations have been putting into a public improvement district (PID) for street improvements
held by Larimer County. There is currently $80,000 held in the account and no short-term need
for street improvements. The homeowners would prefer to use this money to off -set the storm
water fees associated with annexing into the city. Staff asked for an opinion from the Interim
City Attorney as to whether that is possible. The Interim City Attorney has reviewed the
documents and concluded that the funds are limited to "the improvement and maintenance of
roads as requested in the petition for the creation of the district and for the general operating
expenses." Therefore the monies would be placed into a separate City fund for future street
improvements.
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City of
Fort Collins
DATE: October 7, 2014
Planning, Development & Transportation Services
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins. CO 80522.0580
970.416.2740
970.224.6134- fax
frgon.roni
MEMORANDUM
TO: Mayor and City Councilmembers
FROM: Laurie Kadrich, Director, C.D.N.S.
Jason Holland, City Planner
THRU: Darin Atteberry, City Manager
Jeff Mihelich, Deputy City Manager
Karen Cumbo, Director, P.D.T.
RE: Read -Before: Agenda Item #7 — Resolution 2014-084 Clydesdale Park
Annexation
There are three (3) general questions related to this item:
1. Can the item be continued?
2. What, if any are the associated costs of the annexation?
3. What can be done with the money remaining in the Homeowner's (HOA) Public
Improvement District (PID) fund?
First, can the item be continued?:
Colorado Statute govern the timing of annexation hearings and direct that a public hearing must
be scheduled not less than 30 days nor more than 60 days following the initiating resolution.
State Law further directs that if the Council desires to continue the hearing they must provide "at
least one hour of testimony to be heard" during the meeting. So in this case, tonight's reading
could be postponed to October 21, 2014 (no later) provided that at least one hour of testimony
has been received.
Second, What, if any, are the associated costs of the annexation?:
At the September meeting when the initiating resolution for the Clydesdale annexation was
considered, Council requested some cost information regarding this proposed annexation. We do
not currently have an established methodology for this kind of cost analysis and valid data
requires a thorough study.
The most recent annexation cost study to be completed was during the mid-1980's when a
consultant was hired to look at the Southwest Enclave Annexation. Staff also recently met with
Chief Financial Officer Mike Beckstead to discuss whether any information currently resides in
Passed and adopted on final reading on the 21 st day of October, A.D. 2014.
ATTEST:
City Clerk
-a-
Mayor
RADIUS OF 213.00 FEET, A CENTRAL ANGLE OF 19001'03", AND A CHORD
WHICH BEARS N09014'14"W A DISTANCE OF 70.37 FEET;
4. N00°16'l8"E, A DISTANCE OF 342.91 FEET;
5. 272.04 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 267.00 FEET, A CENTRAL ANGLE OF 58022'41 ", AND A CHORD
WHICH BEARS N28055'02"W A DISTANCE OF 260.43 FEET;
6. N58006'23"W, A DISTANCE OF 440.40 FEET TO A POINT ON THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF CARRIAGE PARKWAY;
THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE THE
FOLLOWING TWO (2) COURSES:
1. 337.75 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE
RIGHT, HAVING A RADIUS OF 507.72 FEET, A CENTRAL ANGLE OF 3800653",
AND A CHORD WHICH BEARS S46002'12"W A DISTANCE OF 331.56 FEET;
2. S62053'02"W, A DISTANCE OF 516.51 FEET TO THE POINT OF
BEGINNING.
CONTAINING 2,281,869 SQUARE FEET (52.385 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
Property is included in the Residential Neighborhood Sign District.
Section 3. That the City Manager 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 7th day of
October. A.D. 2014, and to be presented for final passage on the 21 st day of October, A.D. 2014.
ATTEST:
City Clerk
-3-
Mayor
DESCRIBED IN THE WARRANTY DEED RECORDED IN BOOK 2236, PAGE 2533
IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER;
THENCE ALONG THE SOUTH LINE OF SAID PARCEL, S89011'19"E, A
DISTANCE OF 83.00 FEET;
THENCE ALONG THE EAST LINE OF SAID PARCEL, N00007'27"E, A DISTANCE
OF 129.99 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
COLORADO STATE HIGHWAY 14;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING FIVE
(5) COURSES:
1. N89010'59"W, A DISTANCE OF 58.00 FEET;
2. N00007'27"E, A DISTANCE OF 10.00 FEET;
3. N89010'59"W, A DISTANCE OF 25.00 FEET TO THE WEST LINE OF THE
NORTHEAST QUARTER OF SECTION 15;
4. ALONG SAID WEST LINE, S00007'27"W, A DISTANCE OF 10.00 FEET;
5. N89010'59"W, A DISTANCE OF 313.06 FEET TO A POINT ON THE EAST
LINE OF THE INTERCHANGE BUSINESS PARK SECOND ANNEXATION TO
THE CITY OF FORT COLLINS;
THENCE ALONG SAID EAST LINE THE FOLLOWING TWO (2) COURSES:
1. N00037'00"E, A DISTANCE OF 109.15 FEET;
2. N00048'59"E, A DISTANCE OF 40.85 FEET TO A POINT ON THE NORTH
RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 14;
THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, S89010'59"E, A
DISTANCE OF 1,238.09 FEET TO A POINT ON THE NORTHERLY EXTENSION
OF THE EAST LINE OF CLYDESDALE PARK P.U.D. SECOND FILING;
THENCE ALONG SAID NORTHERLY EXTENSION AND ALONG THE EAST
LINE OF CLYDESDALE PARK P.U.D. SECOND FILING, S00008'19"W, A
DISTANCE OF 383.37 FEET;
THENCE ALONG THE NORTH LINE OF CLYDESDALE PARK P.U.D. SECOND
FILING, S89023'18"E, A DISTANCE OF 395.00 FEET TO A POINT ON THE EAST
LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 15;
THENCE ALONG SAID EAST LINE, S00008'19"W, A DISTANCE OF 2,312.90 FEET
TO THE EAST SIXTEENTH CORNER OF SECTION 15;
THENCE N19041'26"W, A DISTANCE OF 166.45 FEET TO THE SOUTHEAST
CORNER OF LOT 62, CLYDESDALE PARK P.U.D. SECOND FILING;
THENCE N20031'45"W, A DISTANCE OF 134.88 FEET TO THE NORTHEAST
CORNER OF SAID LOT 62;
THENCE ALONG THE EASTERLY AND NORTHEASTERLY RIGHT-OF-WAY
LINE OF MESSARA DRIVE AND ALONG ITS NORTHWESTERLY EXTENSION,
THE FOLLOWING SIX (6) COURSES:
1. 11.78 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE
LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 45000'00",
AND A CHORD WHICH BEARS N03045'I5"E A DISTANCE OF 11.48 FEET;
2. N1804445"W, A DISTANCE OF 26.75 FEET;
3. 70.70 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A
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ORDINANCE NO. 134, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE CLYDESDALE PARK SECOND ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
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 City Council has considered the
zoning of the Property (as described below) and has determined that the 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 Clydesdale Park Second Annexation to the City of Fort
Collins, Colorado, in the Low Density Mixed -Use Neighborhood ("L-M-N") Zone District,
which property (the "Property") is more particularly described as:
A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 15 AND IN
THE SOUTH HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF
THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 15,
AND CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 15 TO BEAR N00007127"E, SAID LINE BEING MONUMENTED ON ITS
SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 7839, AND ON ITS
NORTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON
GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE
SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG SAID WEST LINE OF THE NORTHEAST QUARTER OF
SECTION 15, N00007'27"E, A DISTANCE OF 720.98 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID WEST LINE, N00007'27"E, A DISTANCE
OF 1,706.44 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL
Passed and adopted on final reading on the 21 st day of October, A.D. 2014.
Mayor
ATTEST:
City Clerk
RADIUS OF 267.00 FEET, A CENTRAL ANGLE OF 58022'41 ", AND A CHORD
WHICH BEARS N28055'02"W A DISTANCE OF 260.43 FEET;
6. N58006'23"W, A DISTANCE OF 440.40 FEET TO A POINT ON THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF CARRIAGE PARKWAY;
THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE THE
FOLLOWING TWO (2) COURSES:
I. 337.75 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE
RIGHT, HAVING A RADIUS OF 507.72 FEET, A CENTRAL ANGLE OF 38006'53",
AND A CHORD WHICH BEARS S46002'12"W A DISTANCE OF 331.56 FEET;
2. S62053'02"W, A DISTANCE OF 516.51 FEET TO THE POINT OF
BEGINNING.
CONTAINING 2,281,869 SQUARE FEET (52.385 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
Clydesdale Park Second 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 3. 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 4. 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 7th day of
October, A.D. 2014, and to be presented for final passage on the 21 st day of October, A.D. 2014.
0010LU
City Clerk
-3-
Mayor
OF 129.99 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
COLORADO STATE HIGHWAY 14;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING FIVE
(5) COURSES:
1. N89010159"W, A DISTANCE OF 58.00 FEET;
2. N00007'27"E, A DISTANCE OF 10.00 FEET;
3. N89010'59"W, A DISTANCE OF 25.00 FEET TO THE WEST LINE OF THE
NORTHEAST QUARTER OF SECTION 15;
4. ALONG SAID WEST LINE, S00007'27"W, A DISTANCE OF 10.00 FEET;
5. N89010'59"W, A DISTANCE OF 313.06 FEET TO A POINT ON THE EAST
LINE OF THE INTERCHANGE BUSINESS PARK SECOND ANNEXATION TO
THE CITY OF FORT COLLINS;
THENCE ALONG SAID EAST LINE THE FOLLOWING TWO (2) COURSES:
1. N00037'00"E, A DISTANCE OF 109.15 FEET;
2. N00048'59"E, A DISTANCE OF 40.85 FEET TO A POINT ON THE NORTH
RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 14;
THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, S89010'59"E, A
DISTANCE OF 1,238.09 FEET TO A POINT ON THE NORTHERLY EXTENSION
OF THE EAST LINE OF CLYDESDALE PARK P.U.D. SECOND FILING.
THENCE ALONG SAID NORTHERLY EXTENSION AND ALONG THE EAST
LINE OF CLYDESDALE PARK P.U.D. SECOND FILING, S00008'19"W, A
DISTANCE OF 383.37 FEET;
THENCE ALONG THE NORTH LINE OF CLYDESDALE PARK P.U.D. SECOND
FILING, S89023'18"E, A DISTANCE OF 395.00 FEET TO A POINT ON THE EAST
LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 15;
THENCE ALONG SAID EAST LINE, S00008'19"W, A DISTANCE OF 2,312.90 FEET
TO THE EAST SIXTEENTH CORNER OF SECTION 15;
THENCE N19041'26"W, A DISTANCE OF 166.45 FEET TO THE SOUTHEAST
CORNER OF LOT 62, CLYDESDALE PARK P.U.D. SECOND FILING;
THENCE N20031'45"W, A DISTANCE OF 134.88 FEET TO THE NORTHEAST
CORNER OF SAID LOT 62;
THENCE ALONG THE EASTERLY AND NORTHEASTERLY RIGHT-OF-WAY
LINE OF MESSARA DRIVE AND ALONG ITS NORTHWESTERLY EXTENSION,
THE FOLLOWING SIX (6) COURSES:
1. 11.78 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE
LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 45000'00",
AND A CHORD WHICH BEARS N03045'15"E A DISTANCE OF 11.48 FEET;
2. N18044'45"W, A DISTANCE OF 26.75 FEET;
3. 70.70 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A
RADIUS OF 213.00 FEET, A CENTRAL ANGLE OF 19001'03", AND A CHORD
WHICH BEARS N09014'14"W A DISTANCE OF 70.37 FEET;
4. N00° 1618"E, A DISTANCE OF 342.91 FEET;
5. 272.04 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
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ORDINANCE NO. 133, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING THE PROPERTY KNOWN AS THE
CLYDESDALE PARK SECOND ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2014-068, finding substantial compliance and initiating
annexation proceedings for the Property (as described below), has heretofore been adopted by
the City Council; and
WHEREAS, the City Council has determined that it is in the best interests of the City to
annex 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 incorporates the findings of Resolution
2014-085 and further finds that it is in the best interests of the City to annex the Property to the
City.
Section 2. That the following described property (the "Property"), to wit:
A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 15 AND IN
THE SOUTH HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF
THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 15,
AND CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 15 TO BEAR N00007'27"E, SAID LINE BEING MONUMENTED ON ITS
SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 7839, AND ON ITS
NORTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON
GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE
SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG SAID WEST LINE OF THE NORTHEAST QUARTER OF
SECTION 15, N00007'27"E, A DISTANCE OF 720.98 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID WEST LINE, N00007'27"E, A DISTANCE
OF 1,706.44 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL
DESCRIBED IN THE WARRANTY DEED RECORDED IN BOOK 2236, PAGE 2533
IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER;
THENCE ALONG THE SOUTH LINE OF SAID PARCEL, S89011'19"E, A
DISTANCE OF 83.00 FEET;
THENCE ALONG THE EAST LINE OF SAID PARCEL, N00007'27"E, A DISTANCE
RESOLUTION 2014-085
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE CLYDESDALE PARK SECOND ANNEXATION
WHEREAS, by Resolution 2014-068, annexation proceedings were heretofore initiated
by the City Council for property to be known as the Clydesdale Park Second Annexation (the
"Property"); and
WHEREAS, following notice given as required by law, the City 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 City Council hereby finds that the petition for annexation of the
Property complies with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado
Revised Statutes.
Section 2. That the City Council hereby finds that there is at least one -sixth (1/6)
contiguity between the City and the Property proposed to be 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 the Property is integrated with or is
capable of being integrated with the City.
Section 3. That the City Council further 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 City Council further finds that notice was duly given and a
hearing was held regarding the annexation in accordance with said Act.
Section 5. That the City Council concludes that the Property 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 this 7th
day of October, A.D. 2014.
Mayor
ATTEST:
City Clerk
Section 3. That the City Manager 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 7th day of
October, A.D. 2014, and to be presented for final passage on the 21 st day of October, A.D. 2014.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 21 st day of October, A.D. 2014.
ATTEST:
City Clerk
-3-
Mayor
THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE AS
DESCRIBED IN THE DEED OF DEDICATION RECORDED MARCH 21, 2007 AT
RECEPTION NO. 20070021108, N62053'42"E, A DISTANCE OF 235.56 FEET;
THENCE CONTINUING ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE
AS SHOWN ON THE PLAT OF CLYDESDALE PARK P.U.D. FIRST FILING THE
FOLLOWING TWO (2) COURSES:
1. N62053'02"E, A DISTANCE OF 516.51 FEET;
2. 337.75 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 507.72 FEET, A CENTRAL ANGLE OF 38006'53", AND A CHORD
WHICH BEARS N46002'12"E A DISTANCE OF 331.56 FEET TO A POINT ON THE
EXTENSION OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF MESSARA
DRIVE AS SHOWN ON THE PLAT OF CLYDESDALE PARK P.U.D. SECOND
FILING;
THENCE ALONG SAID EXTENSION AND ALONG THE NORTHEASTERLY AND
EASTERLY RIGHT-OF-WAY LINE OF MESSARA DRIVE THE FOLLOWING SIX
(6) COURSES:
1. S58006'23"E, A DISTANCE OF 440.40 FEET;
2. 272.04 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A
RADIUS OF 267.00 FEET, A CENTRAL ANGLE OF 58022'41 ", AND A CHORD
WHICH BEARS S28055'02"E A DISTANCE OF 260.43 FEET;
3. S00°16'18"W, A DISTANCE OF 342.91 FEET;
4. 70.70 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 213.00 FEET, A CENTRAL ANGLE OF 19001'03", AND A CHORD
WHICH BEARS S09014'14"E A DISTANCE OF 70.37 FEET;
5. S18044'45"E, A DISTANCE OF 26.75 FEET;
6. 11.78 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A
RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 45000'00", AND A CHORD
WHICH BEARS S03045'15"W A DISTANCE OF 11.48 FEET TO THE NORTHEAST
CORNER OF LOT 62 OF CLYDESDALE PARK P.U.D. SECOND FILING;
THENCE S20031'45"E, A DISTANCE OF 134.88 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 62;
THENCE S]9041'26"E, A DISTANCE OF 166.45 FEET TO THE EAST SIXTEENTH
CORNER OF SECTION 15;
THENCE ALONG THE SOUTH LINE OF THE WEST HALF OF THE NORTHEAST
QUARTER OF SECTION 15, N89043'41 "W, A DISTANCE OF 1,320.70 FEET TO
THE POINT OF BEGINNING.
CONTAINING 1,182,485 SQUARE FEET (27.146 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
Property is included in the Residential Neighborhood Sign District.
-2-
ORDINANCE NO. 132, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE CLYDESDALE PARK FIRST ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
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 City Council has considered the
zoning of the Property (as described below) and has determined that the 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 Clydesdale Park First Annexation to the City of Fort
Collins, Colorado, in the Low Density Mixed -Use Neighborhood ("L-M-N") Zone District,
which property (the "Property") is more particularly described as:
A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 15,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF
LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 15, AND
CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 15 TO BEAR N00007'27"E, SAID LINE BEING MONUMENTED ON ITS
SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 7839, AND ON ITS
NORTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON
GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE
SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG THE EAST AN
HIGHWAY 14 — EAST FRONTAGE
TWO (2) COURSES:
1. ALONG THE WEST LINE OF
D NORTH BOUNDARY OF THE STATE
ROAD ANNEXATION, THE FOLLOWING
THE NORTHEAST QUARTER OF SAID
SECTION 15, N00007'27"E, A DISTANCE OF 612.47 FEET;
2. N89040'35"W, A DISTANCE OF 209.46 FEET TO A POINT ON THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF CARRIAGE PARKWAY;
-1-
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 4. 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 7th day of
October, A.D. 2014, and to be presented for final passage on the 21 st day of October, A.D. 2014.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 21 st day of October, A.D. 2014.
ATTEST:
City Clerk
-3-
Mayor
AS SHOWN ON THE PLAT OF CLYDESDALE PARK P.U.D. FIRST FILING THE
FOLLOWING TWO (2) COURSES:
1. N62053'02"E, A DISTANCE OF 516.51 FEET;
2. 337.75 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 507.72 FEET, A CENTRAL ANGLE OF 38006'53", AND A CHORD
WHICH BEARS N46002'12"E A DISTANCE OF 331.56 FEET TO A POINT ON THE
EXTENSION OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF MESSARA
DRIVE AS SHOWN ON THE PLAT OF CLYDESDALE PARK P.U.D. SECOND
FILING;
THENCE ALONG SAID EXTENSION AND ALONG THE NORTHEASTERLY AND
EASTERLY RIGHT-OF-WAY LINE OF MESSARA DRIVE THE FOLLOWING SIX
(6) COURSES:
I. S58006'23"E, A DISTANCE OF 440.40 FEET;
2. 272.04 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A
RADIUS OF 267.00 FEET, A CENTRAL ANGLE OF 58022'41 ", AND A CHORD
WHICH BEARS S28055'02"E A DISTANCE OF 260.43 FEET;
3. S00°16'18"W, A DISTANCE OF 342.91 FEET;
4. 70.70 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 213.00 FEET, A CENTRAL ANGLE OF 19001'03", AND A CHORD
WHICH BEARS S09014'14"E A DISTANCE OF 70.37 FEET;
5. S18044'45"E, A DISTANCE OF 26.75 FEET;
6. 11.78 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A
RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 45000'00", AND A CHORD
WHICH BEARS S03045'15"W A DISTANCE OF 11.48 FEET TO THE NORTHEAST
CORNER OF LOT 62 OF CLYDESDALE PARK P.U.D. SECOND FILING;
THENCE S20031'45"E, A DISTANCE OF 134.88 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 62;
THENCE S19041'26"E, A DISTANCE OF 166.45 FEET TO THE EAST SIXTEENTH
CORNER OF SECTION 15;
THENCE ALONG THE SOUTH LINE OF THE WEST HALF OF THE NORTHEAST
QUARTER OF SECTION 15, N8904314]"W, A DISTANCE OF 1,320.70 FEET TO
THE POINT OF BEGINNING.
CONTAINING 1,182,485 SQUARE FEET (27.146 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
Clydesdale Park First 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 3. 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
-2-
ORDINANCE NO. 131, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING THE PROPERTY KNOWN AS THE
CLYDESDALE PARK FIRST ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2014-067 finding substantial compliance and initiating
annexation proceedings for the Property (as described below), has heretofore been adopted by
the City Council; and
WHEREAS, the City Council hereby has determined that it is in the best interests of the
City to annex 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 incorporates the findings of Resolution
2014-084 and further finds that it is in the best interests of the City to annex the Property to the
City.
Section 2. That the following described property (the "Property"), to wit:
A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 15,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF
LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 15, AND
CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 15 TO BEAR N00007'27"E, SAID LINE BEING MONUMENTED ON ITS
SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 7839, AND ON ITS
NORTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON
GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE
SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG THE EAST AND NORTH BOUNDARY OF THE STATE
HIGHWAY 14 — EAST FRONTAGE ROAD ANNEXATION, THE FOLLOWING
TWO (2) COURSES:
1. ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 15, N00007'27"E, A DISTANCE OF 612.47 FEET;
2. N89040'35"W, A DISTANCE OF 209.46 FEET TO A POINT ON THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF CARRIAGE PARKWAY;
THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE AS
DESCRIBED IN THE DEED OF DEDICATION RECORDED MARCH 21, 2007 AT
RECEPTION NO. 20070021108, N62053'42"E, A DISTANCE OF 235.56 FEET;
THENCE CONTINUING ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE
RESOLUTION 2014-084
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE CLYDESDALE PARK FIRST ANNEXATION
WHEREAS, by Resolution 2014-067, annexation proceedings were heretofore initiated
by the City Council for property to be known as the Clydesdale Park First Annexation (the
"Property"); and
WHEREAS, following notice given as required by law, the City 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 City Council hereby finds that the petition for annexation of the
Property complies with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado
Revised Statutes.
Section2. That the City Council hereby finds that there is at least one -sixth (1/6)
contiguity between the City and the Property proposed to be 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 the Property is integrated with or is
capable of being integrated with the City.
Section 3. That the City Council further 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 City Council further finds that notice was duly given and a
hearing was held regarding the annexation in accordance with said Act.
Section 5. That the City Council concludes that the Property 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 this 7th
day of October, A.D. 2014.
Mayor
ATTEST:
City Clerk
• A board member suggested language for a motion, and board members and Ms. Daggett
discussed whether the language accurately reflects their opinion.
• A board member suggested language for a motion, and board members and Ms. Daggett
discussed whether the language accurately reflects their opinion.
Board Member Bovee moved that the Water Board, having reviewed and discussed the
Clydesdale Park HOA annexation request, support the staff recommendation to deny the request
for a "phased in" stormwater fee unless the Stormwater Fund is reimbursed.
Board Member Ortman seconded the motion.
Vote on the motion: It passed unanimously
Board Member Brian Brown moved that the Water Board recommends City Council
consider other means to reimburse the homeowners of the Clydesdale Park HOA for the balance
of the PID funds accepted by the City during annexation.
Board Member Huber -Stearns seconded the motion.
Vote on the motion: It passed unanimously
4
• Ms. Daggett stated the issue is driven by state law. There's not a lot of flexibility on
Larimer County's end, but there may be options the City can consider, i.e. how it can
offset the funds it receives. If the Water Board wants to encourage Council to consider
fairness, the board can ask Council to pursue and investigate options to make the
Stormwater Fund whole if there's a phase -in of stormwater fees.
• A board member inquired if there's no phase -in, would the fee be prorated? Mr. Smith
replied no; the stormwater fees are collected monthly. The board member asked about
when the City pays the BBRSA. Mr. Smith stated payment is made once a year. Ms.
Daggett stated fee payers to the BBRSA pay once per year. Mr. Mills commented that
residents paid Boxelder in the spring, six months ago.
• A board member inquired whether the Streets Department can write an $80,000 check to
Stormwater. Ms. Daggett stated that might not work because Streets doesn't spend
$80,000 in a particular neighborhood. The board member replied Streets would have to
work on roads in this neighborhood eventually.
• Ms. Webb commented that one option is to recommend phased -in fees but investigate
options to make the Stormwater fund whole.
• A board member commented that the Water Board is responsible for discussing issues
pertaining to new residents when an annexation occurs.
• Aboard member commented just because the PID was setup with an inflexible focus on
roads it should not disadvantage the Stormwater Fund. The community wanted to be
annexed, and took proactive action to make sure streets were kept up to City standards.
• A board member commented this discussion highlights the fact that trying to address
fairness is not black and white.
• Aboard member commented the PID money is not something the City would normally
expect to receive.
• A board member inquired whether a PID can be set up for two purposes so that people
don't run into this issue again. Ms. Daggett stated the PID purposes are broad, to be used
for public improvements in this district area, but funds are limited and need to be used in
that area. She doesn't believe the county collects stormwater fees.
• A board member commented that he doesn't want the Stormwater Fund to foot the bill.
• Ms. Daggett stated that from what she hears board members saying, they might want to
consider a two-part motion: if stormwater fees are not phased in, then ask Council to
evaluate ways for the annexed area to be reimbursed for the fees they've paid.
3
• A board member inquired about the $80,000 balance in the PID. What was the intent of
that fund? Mr. Smith explained the intent was to provide adequate funding to maintain,
repair, and improve the streets.
• Mr. Mills stated that the City didn't annex Clydesdale Park in 2005, therefore residents
were concerned the roads would not be maintained and decided to set the money aside for
all public improvements for the road right of way. Interim City Attorney Carrie Daggett
stated she believes the City's policy is to not accept streets for maintenance if they're not
up to City standards. Because the Clydesdale Park roads meet City standards, the City
will accept the responsibility of maintaining them.
• Aboard member inquired whether the $80,000 PID balance is how much they happen to
have or would the City normally required this amount for the purpose of maintaining
roads? Mr. Mills stated he was told by the chairperson of the PID board that $80,000 is
the current balance as of fall 2014.
• A board member inquired that since the roads are in good shape, must the $80,000 be
spent in this way? Ms. Daggett replied yes. Mr. Mills commented that since Larimer
County has stated it can't go back and determine exactly who paid the taxes, they're not
going to try to refund the money to residents.
• A board member inquired whether stormwater and roads are the only two categories the
board is discussing for annexation regarding how the $80,000 can be used. Mr. Holland
confirmed that the money is to be used only for road maintenance; it was earmarked for
public improvements for Clydesdale Park public infrastructure. Examples of how to use
the money include bike lane striping along Carriage Parkway and traffic signage.
• A board member inquired if Clydesdale Park is in a flood plain? Mr. Kempton replied no.
• The board member commented that other developments will come into the City
eventually: what precedent are we setting and how will that affect the City over time?
Ms. Daggett stated that the prior instance of phased -in fees involved a forced annexation
of the Southwest Enclave, because the City had grown to surround the neighborhood, and
after three years the City was entitled to force the annexation regardless of residents'
support.
• A board member commented that if the $80,000 is going to stormwater, they support
phased in fees, but if not, they would deny the phase -in fees. Mr. Holland stated the
money will defmitely not go to the Stormwater Enterprise Fund. The money is not
refundable, and it can't be comingled; staff can't turn it over to a different department.
The PID money will go to the City's Streets Department and be managed by it; it can't be
transferred to Utilities. It's earmarked specifically for that neighborhood. Ms. Daggett
stated there's an existing General Improvement District (GID) in the City because it was
in an annexed area. It functions as a separate taxing entity and continues to collect taxes
and use that revenue to build streets up to City standards so the City can accept those
streets for maintenance. The GID would be eliminated at that time.
2
Excerpt from Unapproved Water Board Minutes September 18, 2014
Clydesdale Park HOA Annexation — Stormwater Fees
(Attachments available upon request)
Strategic Financial Planning Manager Lance Smith and Civil Engineer Mark Kempton presented
information. Slides 2 and 3 of the PowerPoint show the first and second annexation areas. To
ease the economic impact, the HOA is requesting a phase -in of Fort Collins' stormwater service
fees over five years. The $80,000 balance in the Public Improvement District (PID) will be
transferred to the City but not to the Stormwater Enterprise Fund.
Phasing in stormwater service fees is not normally done. The City approved it only once, in 2006
for the Southwest Annexation, which was not supported by the neighborhood, so the City
conceded to a phase -in of the stormwater fees.
Slide 10 shows annual Boxelder Basin Regional Stormwater Authority (BBRSA) fees that
Larimer County currently collects from the neighborhood and forwards to BBRSA. Once
annexed, the City would collect stormwater service fees from the Clydesdale Park neighborhood
and forward a portion of those (approximately $75 per lot) to the BBRSA. The stormwater fees
are not just for protecting homes if the area floods; it also pays for protecting them in case of
emergency, for emergency vehicles access, and stormwater improvements and maintenance
throughout the City. Depending on lot size, each resident will pay between $210 to $240 dollars
per year.
Slide 11 lists Financial Considerations: a three-year phase -in of fees (starting at $75) would
result in a loss of stormwater service fee revenue of approximately $61,845. A five-year phase -in
would result in a loss of stormwater service fee revenue of approximately $92,225.
• A board member inquired about the road cross section. City Planner Jason Holland
replied that neighborhood streets have about a 51-foot right-of-way; Carriage Parkway is
70 feet; standard City cross sections. Stormwater runoff is collected in catch basins that
discharge into ponds. The ultimate outfall is Boxelder Creek to the west.
• A board member inquired about the BBRSA's responsibility to maintain the stormwater
facilities throughout the area. Will it still maintain them after annexation, and what is the
City's responsibility? Mr. Kempton stated there are two big flood control reservoirs; one
has been constructed, and one is in the design phase; fees are collected to build those
projects. That's the limit of the district's scope. They don't maintain stormwater facilities
in the City drainage basins.
• A board member inquired what staff means by "year" regarding when the stormwater
fees are charged: calendar year or a year from the time the neighborhood is annexed. Mr.
Smith replied the stormwater fees are charged per anniversary year, such as October 2014
to October 2015.
Secretary Cosmas stated that she had received a letter from the Clydesdale Park HOA
President outlining their talking points in support of the annexation.
Public Input
Bill Schwerdtfeger, President of Clydesdale Park, requested that the Board allow the HOA
members to pool their time so a presentation could be made. Chair Carpenter granted them 15
minutes to make one general presentation.
Tom Mills, Vice President of Clydesdale Park, began his presentation by stating that his
community would like to make two requests to the Board:
• To support the request for annexation so that Clydesdale Park is annexed into the City
of Fort Collins, and
• To support their request for phasing in the storm water fee.
Chair Carpenter interrupted him to tell him that the, stormwater issue would not be something
the P&Z Board could vote on tonight and that it would have to go to the City Council for a
decision.
Mr. Mills continued with his presentation. He reviewed the sequence of events to date,
including the original petitioning, the citizen, concerns, tax revenue issues, location issues,
potential benefits to the City, and how it will demonstrate City's commitment. While he supports
the storm water utility fee, he asked for a phase-in'period during the time his community is
becoming a resident of the City, preferably over a 5-year period. He stated that he believes
there will be economic impacts on the annexed property, but residents are in favor of paying
associated taxes and fees.
Staff/Applicant Response
Deputy City Attorney Eckman said that City code allows the Planning and Zoning Board to
advise the City Council on annexations and long-range planning. He went on to say that the
City's Water Board should advise on matters concerning stormwater utility fees. There were no
additional Staff comments or response.
Board Deliberation
Member Schneider made a motion that the Planning and Zoning Board recommend
approval to the City Council that the Clydesdale Park first and second annexation initial
zoning of L-M-N Low Density Mixed Use neighborhood and to be included in the
residential neighborhood sign district based upon the findings of facts and conclusions
in the Staff Report. Vice Chair Kirkpatrick seconded the motion. Vote: 6:0.
Public Input:
None noted.
Member Hart made a motion that the Planning and Zoning Board approve the September
11, 2014, Consent agenda as presented, which includes the minutes from the August 14,
2014, Planning and Zoning Board hearing and Pederson Toyota Expansion. Member
Hansen seconded. Vote: 6:0.
Discussion Agenda:
3. Adoption of Land Use Code Revisions from Transit -Oriented Development (TOD)
Parking Study
4. Clydesdale Annexation
5. The Flats at Rigden Farm
Project: Clydesdale Annexation
Project Description: This is a request for annexation by the residents of the Clydesdale Park
neighborhood. Clydesdale Park is an existing subdivision located east of Interstate 25, south of
the intersection of East Mulberry Street and Carriage Parkway. Clydesdale Park includes 217
single-family residential lots on approximately 75 acres.. The requested initial zoning for this
annexation is the Low Density Mixed -Use Neighborhood District (L-M-N), which is in compliance
with the City of Fort Collins Structure Plan.
Recommendation: Approval
Hearing Testimony, Written Comments and Other Evidence
Staff and Applicant Presentations:
City Planner Holland gave an overview of the area in question, including some history of the
area, a zoning overview and the master plan for the annexation. He stated that one reason the
residents are requesting annexation is to achieve consistent maintenance for Carriage Parkway,
which will eventually extend south to East Prospect Road.
Board Questions and Staff Response
Member Hart asked for clarification on what the Board is being asked to approve at this hearing.
Planner Holland confirmed that he is requesting approval for Annexation 1 and 2. Director
Kadrich informed the Board that there was a Pre -Annexation Agreement signed by the
residents, and, through the Power of Attorney, it was now being presented. Deputy City
Attorney Eckman stated that the original developer had granted Power of Attorney to the City
Clerk.
Chair Carpenter called the meeting to order at 6:00 p.m.
Roll Call: Carpenter, Kirkpatrick, Hansen, Hart, Hobbs and Schneider
Absent: Heinz
Staff Present: Kadrich, Eckman, Gloss, Burnett, Beals, Wilkinson, Lorson','Holland,
Siegmund, and Cosmas
Agenda Review
Chair Carpenter provided background on the board's role and what the audience could expect
as to the order of business. She described the following processes:
• While the City staff provides comprehensive information about each project under
consideration, citizen input is valued and appreciated.
• The Board is here to listen to citizen comments. Each citizen may address the Board
once for each item.
• Decisions on development projects are based on judgment of compliance or non-
compliance with city Land Use Code.
• Should a citizen wish to address the Board on items other than what is on the agenda,
time will be allowed for that as well.
• This is a legal hearing, and the Chair will moderate for the usual civility and fairness to
ensure that everyone who wishes to speak can be heard.
Director Kadrich reviewed the items on both the Consent and Discussion agendas and also
explained the consent/discussion procedure to the audience.
Public Input on Items Not on the Agenda:
None noted.
Consent Agenda:
1. Minutes from July 10, 2014, P&Z Hearing
2. Pedersen Toyota Expansion
ATTACHMENT
TiN2A
uv.n.uern Ina
July 30, 2014
Mr. Darin Atteberry, AICP
City Manager
City of Fort Collins
300 LaPorte Avenue
Fort Collins, Colorado 80522
Dear Darin:
I am writing to inform you that the Town of Timnath has no objections to the annexation of
Clydesdale Estates to Fort Collins moving forward with the understanding that our
intergovernmental agreement (IGA) with Fort Collins will be approved on August 19, 2014.
This IGA will finalize our respective growth management areas and resolve other issues under
discussion in the past few months. Thanks to you and your staff for all the progress we've made.
Sincerely,
April D. Getchius, AICP
Town Manager
Phone: (970) 224-3211 FAX: (970) 224-3217 www.timnathcolorado.org
4800 Goodman St. Timnath, CO 80547
ATTACHMENT 7
u
•
COMMITTED TO EXCELLENCE
July 24, 2014
Jason Holland
City of Fort Collins
Planning Department
PO Box 580
Ft. Collins CO 80522
RE: Clydesdale Park Annexation 140002
Jason,
COMMUNITY DEVELOPMENT DIVISION
P.O. Box 1190
Fort Collins, CO 80522-1190
Planning (970) 498-7683 Planning Fax (970) 498-7711
Building (970) 498-77041 Building Fax (970) 498-7667
http://www. larimer.org/building
This letter acknowledges receipt of the Petition for the above proposed annexation to the
City of Fort Collins. This week, staff from the Larimer County Planning, Engineering
and Health Departments met to review these materials.
Larimer County Community Development (Planning) would like the City of Fort Collins
to consider annexing Waterdale Mobile Home Park and Vista Grande Planned
Development, as well as E Mulberry St to the north.
If you have any questions or concerns to my response, please Contact Matt Lafferty,
Principle Planner. Larimer County Community Development Division (Planning) at 970-
498-7721.
Sincerely,
Dan Kunis
GIS Specialist
Latimer County Planning and Building Services Division
498-7680
dkunisa,larimer.ore
SAC.DNS\Planning\Staff Folders\Jliolland\PROJECTS\Clydesdale Park Annexation\County Lerter_Clydesdale_Park_ANX.docx
they recommend that it not be done through a phase in of the storm water utility
fee.
d. Clydesdale Park residents would accept any means the City Council decides upon,
as long as it compensates lot owners for the economic impact of the $80,000
transfer to the City.
e. Clydesdale Park residents are simply asking not to be double taxed.
We appreciate your consideration of our request for annexation into the City of Fort Collins and
mitigation of our $80,000 economic impact of annexation.
Sincerely,
—Is/Thomas J. Mills
for Bill Schwerdtfeger, President
—Is/Brenda Yocom
Brenda Yocom, 2nd Vice President
/s/ Carol Denne_
Carol Denne, Secretary
_/s/ Thomas J. Mills
Thomas J. Mills, I st Vice President
Is/John Albright
John Albright, Treasurer
Cc: Karen Cumbo, Laurie Kadrich, Jason Holland, and Kevin Gertig
Page 4 of 4
to said lot or parcel may be temporarily reduced by the City Council pursuant to the
schedule set forth in the ordinance annexing said parcel or lot.'
7. Clydesdale Park's economic impact results from the transfer of an estimated
$80,000 PID fund balance to the City.
a. The City could have annexed us any time after 2005, but did not.
b. Concerned about road maintenance, Clydesdale Park residents approved a Public
Improvement District and a 16 mil tax on themselves in 2011.
i. In 2012, $9 thou. was spent to crack seal the roads. All road work was
done through the Larimer County Engineering Department.
ii. About 9 months ago, the City road department concluded that our roads
were up to City standards.
iii. About 3 months ago, after our roads were judged to be up to City
standards, the PID spent an additional $143 thou. to chip seal the roads.
iv. So our roads, roads which the City will be responsible to maintain once we
are annexed, will be turned over in very good condition.
c. Once annexed, the remaining PID fund balance, estimated to be $80,000, will be
transferred to the City to maintain public improvements in Clydesdale Park's road
right of way.
i. Transferring the PID balance at the same time we begin to pay City
property taxes, some of which are paid to maintain our roads, is like
being taxed twice.
ii. Our residents should not be penalized because they were responsible
enough to tax themselves to maintain the roads which the City will now
maintain.
d. The PID transfer surely qualifies as the type of `economic impact' for which City
code authorizes mitigation.
8. Mitigating our economic impacts will not be a precedent.
a. Economic impacts of annexing some SW neighborhoods were mitigated through a
phase in of the storm water utility fee at 20% per year, reaching full payment in
year five. Those SW neighborhoods did not transfer funds to the City upon
annexation.
b.The Sky View neighborhood was annexed and did turn PID funds over to the City
but those funds are being used to bring their roads up to City standards. Clydesdale
Park's road are already up to City standard.
c. The transfer of Clydesdale Park PID funds to the City is so unique that it is unlikely
to set a difficult precedent for the City.
9. Phasing the storm water utility fee is a simple means to mitigate the $80,000
economic impact.
a. The Water Department will not have any more storm water to manage after we
are annexed than before.
b. The storm water fee phase in could start at $75 per lot, the amount to be paid to
the Boxelder Creek Storm Water Authority, and gradually increased over 4 years
to reach full payment in year five. This could result in reduced payments of
$80,000.
c. The City's Water Board recommended that the City Council find a means to
compensate Clydesdale Park lot owners for the $80,000 transfer to the City, but
Page 3 of 4
i. There are 257 signatures of residents and lot owners on the petition
requesting annexation.
ii. Those signatures represent owners of 72% of all lots, and owners of 90%
of lots of those who responded to petition requested annexation.
iii. The petition was forwarded to the Mayor and key City staff along with a
formal request for annexation.
4. Concerns expressed about our annexation appear to be unfounded.
a. First concern: Clydesdale Park's infrastructure is not up to standard.
i. That's not correct.
ii. Clydesdale Park was originally built to City standards.
iii. Roads are up to City standards and have been kept that way by Clydesdale
Park residents though a PID tax on themselves.
b. Second concern: The property tax revenue from residential developments
doesn't cover the cost of their services.
i. We don't know the actual numbers, but there are many residential
developments in Fort Collins and many more are being built now.
ii. Fox Grove is an example. It was annexed into the city, was zoned
residential, and is now being developed as residential.
c. Third concern: The City does not want to go east of 125.
i. The City is already east of I25 along Mulberry.
ii. Otter Box and other commercial properties near the Mulberry/I25
interchange are in the City as are several parcels between Mulberry and
Prospect which extend as far east as County Road 5.
iii. The City is also considering additional annexations east of I25 to create an
enclave which will permit annexation of the Mulberry corridor.
5. Our annexation has several benefits for the City:
a. The Planned 125/Mulberry gateway will be an important entry point into Fort Collins.
b. Our annexation will permit better land use control around the 125/Mulberry gateway.
c. Our annexation will permit better management of traffic flow near the gateway
through control of Carriage Parkway, a collector road through Clydesdale Park which
will eventually run between Mulberry and Prospect Road.
d. Our annexation will demonstrate that the City's planning commitments can be
counted on by others, such as developers, the County, business owners, and home
buyers. Without confidence in the City's planning commitments, the City's planning
objective will take longer and will be harder to achieve.
MITIGATE THE ECONOMIC IMPACT OF CLYDESDALE PARK'S TRANSFER OF
$80,000 TO THE CITY UPON ANNEXATION
6. City code (sec. 26-514) permits City Council to mitigate the economic impacts of
annexation.
a. Sec. 26-514 (b) states: "In the event that the City Council has determined at the time
of annexation of a lot or parcel of land that the temporary reduction of the storm
water utility fee is justified in order to mitigate the economic impact to the annexed
properties in light of the relevant circumstances, the storm water utility fee applicable
Page 2 of 4
Clydesdale Park Homeowners Association
c/o Colorado Association Services
1063 West Horsetooth Road, Suite 100
Fort Collins, CO 80526
COPY
Ms. Karen Weitkunat
Mayor of the City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
Dear Ms. Weitkunat,
September 22, 2013
UPDATE: Request for annexation and mitigation of economic impacts of annexation.
We appreciate the City's consideration of our request to be annexed into Fort Collins. We ask
for your support for our annexation and for mitigating an $80,000 economic impact we will bear
upon annexation.
ANNEX CLYDESDALE PARK INTO FORT COLLINS
1. Original intent was that Clydesdale Park would be annexed into the City.
a. Developers signed an Annexation Agreement in 2001 giving the City power of
attorney to annex.
b. Larimer County required that Clydesdale Park be built to city standards.
c. Residents were led to expect annexation when they bought their homes.
2. Clydesdale Park residents should not have to pay to maintain roads which City
residents use.
a. A new residential development (Fox Grove) is being proposed adjacent to
Clydesdale Park.
b. Residents of Fox Grove will only be able to access their homes by using Carriage
Parkway through Clydesdale Park until such time as Carriage Parkway is
extended south to Prospect Road.
c. The County does not maintain our roads. Our residents pay to maintain our roads
through a PID tax on themselves and should not have to pay for roads that many
other people use.
d. Once annexed, Clydesdale Park residents will pay City property taxes and the
City will maintain the road, which is an appropriate solution.
3. An overwhelming majority of Clydesdale Park lot owners wish to be annexed.
a. Several months ago, the HOA circulated a petition to sense the interest in
annexation.
Page 1 of 4
City of Fort Collins Master Street Plan
Note: Other collector and local streets not shown will be developed
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ATTACHMENT 4
Frs Clydesdale Park Annexations 1 and 2 Plan. Fort Collins
Structure Plan
Boundaries Districts
Fort Collin GMA dF Downtown Dtstnct
Potential GMA Expansion Community Commercial Dial
Other Clry GMA General Commercial Dannot
Planning Area IIF Neighborhood Commercial District
77 Atllemnt Planning Areas Campus Dianna
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Industrial District
Neiahborhoods Edges Corridors
Urban Estate Community Separelor Open Lends. Perks and Water Comdom
Low Denally Mhed-Use Foothills 63 Pease Rover Contact
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First and Second
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Zoning Map
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Agenda Item 7
The storm water utility fee phase -in request was brought to the Water Board on September 18, 2014 for their
consideration. The City Stormwater Utility does not generally support and finds no appropriate justification to
recommend a phased -in approach to the stormwater service fees. Staff's recommendation is to deny the
request for a phased -in stormwater fee. Should a phased -in approach be proposed, staff recommends that the
stormwater fee begin at an annual rate of $75 per lot and be increased to the full fee over a three year period.
The Water Board made two motions:
First Motion:
The Water Board, having reviewed and discussed the Clydesdale Park HOA annexation request, support the
staff recommendation to deny the request for a "phased -in" stormwater fee unless the Stormwater Fund is
reimbursed.
Second Motion:
The Water Board recommends City Council consider other means to reimburse the homeowners of the
Clydesdale Park HOA for the balance of the PID funds accepted by the City during annexation.
Both motions passed unanimously.
PUBLIC OUTREACH
Planning staff has coordinated with the residents of Clydesdale Park over the past year to explain the
annexation process and answer questions about how annexation into the City will affect the neighborhood's
taxes, fees, street maintenance and services. A letter from the Clydesdale Park Homeowner's Association in
support of annexation is attached (Attachment 6). A letter of notification for the Planning and Zoning Board
public hearing was mailed to all Affected Property Owners within 800 feet of the property 14 days prior to the
September 11, 2014 hearing.
ATTACHMENTS
1. Clydesdale Park First Annexation Vicinity Map (PDF)
2. Clydesdale Park Second Annexation Vicinity Map (PDF)
3. Clydesdale Park Annexations Zoning Map (PDF)
4. Clydesdale Park Annexations Structure Plan Map (PDF)
5. City Master Street Plan (PDF)
6. Letter From Clydesdale Park HOA (PDF)
7. County Letter -- Clydesdale Park Annexations (PDF)
8. Timnath Letter -- Clydesdale Park Annexations (PDF)
9. P&Z Clydesdale Hearing Minutes - September 11, 2014 (PDF)
10. Water Board Meeting Minutes for Clydesdale stormwater fee phase -in (PDF)
Item # 7 Page 4
Agenda Item 7
Section 26-514 (b) of City Code provides for (but does not require) City Council consideration of a temporary
reduction in the stormwater utility fee if justified in order to mitigate the economic impacts to annexed
properties in light of relevant circumstances. This could be accomplished through a "phased -in" approach. Staff
does not generally support the concept of a "phased -in" stormwater service fee.
The only time this has been used was with the Southwest Area Annexation in 2006. All other annexations
(both voluntary and enclaves) have had full fees charged upon annexation. The Clydesdale Park subdivision is
one of several within the Fort Collins Growth Management Area (GMA) that have a pre -annexation agreement
in place (signed at the time of development) that allows annexation without the current residents' approval. It
helps to have neighborhood support but the annexation is City -initiated and does not require resident approval.
In this case, the Clydesdale Park HOA is specifically requesting annexation.
The Clydesdale Park HOA states there will be approximately $80,000 in the PID fund balance that will be
transferred to the City of Fort Collins to use for maintenance of the road rights -of -way in the subdivision. The
HOA had requested the reduction in stormwater fees as a way to offset that loss of funding. Staff has informed
the Clydesdale Park HOA that Colorado State finance rules prohibit the comingling of taxes and utility service
fees.
The Clydesdale Park HOA currently pays approximately $75 annually per lot to Larimer County for stormwater
fees associated with the Boxelder Basin Regional Stormwater Authority (BBRSA). If a phased implementation
is approved, the stormwater service fee should start at approximately $75 or existing ratepayers would in effect
be subsidizing this development for a period of time not just for the portion of stormwater fees that go toward
maintaining the City-wide infrastructure but more specifically for the fees the City will be paying to the BBRSA.
Should the Council approve a phase in of the fees, it is staff's recommendation that this be over a three year
period. Under current City rates, each lot in the subdivision would pay approximately $210-$240 annually
depending on actual lot size with 2014 stormwater rates.
FINANCIAL / ECONOMIC IMPACTS
Because the neighborhood's streets are in good
not anticipated. The annexations will allow this
integrated into the City Master Street Plan. The
change. Electric service will be transferred from
period of several years.
Stormwater Fee Phase -in Impacts
condition, significant initial financial / economic impacts are
portion of the City Growth Management Area to be more
provision of water and wastewater utility services will not
Poudre Valley REA to Fort Collins Light and Power over a
There are 217 single-family residences. Based on an average of $225 per lot, annual stormwater service fees
collected by the City of Fort Collins through its stormwater utility will be approximately $48,825.
3 Year Phase -In (Starting at $75)
Loss of stormwater service fee revenue of approximately $61,845
5 Year Phase -In (Starting at $75)
Loss of stormwater service fee revenue of approximately $92,225
ENVIRONMENTAL IMPACTS
There are no significant environmental impacts anticipated with these annexations.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board conducted a public hearing on the annexation and zoning requests on
September 11, 2014 and voted 6-0 to recommend approval of the annexation and zoning. The minutes from
the September 11, 2014 Planning and Zoning Board Hearing are attached.
Item # 7 Page 3
Agenda Item 7
BACKGROUND / DISCUSSION
Annexation and Zoning
The Clydesdale Park development was approved by the Larimer County Board of Commissioners in 2001. In
accordance with Larimer County's standard development approval procedures, an annexation agreement was
recorded with the original development approval. This Annexation Agreement is typically required during the
County development review process to facilitate annexations that may happen sometime in the future that
don't have the requisite amount of contiguity to the city limits to meet state requirements. This is the case with
Clydesdale Park. When the Clydesdale Park subdivision was planned and approved, it could not be annexed
into the city because it did not share a common boundary with the city limits at the time. Now that a common
boundary does exist, the City may now initiate the annexation process through the Annexation Agreement.
The approval of the annexations will enable the neighborhood's streets, including Carriage Parkway, to be
accepted into the City of Fort Collins' Street Maintenance Program. Clydesdale Park's streets are currently
maintained by the residents of Clydesdale Park through their Public Improvement District (PID). The
establishment of the PID was necessary because Larimer County does not typically maintain roads that are
developed as part of a residential subdivision.
Carriage Parkway currently dead -ends at the southwest corner of the neighborhood and carries traffic
predominantly for Clydesdale Park's residents. With the new Fox Grove residential development proposed to
the southwest, within the city limits, it now seems imminent that this parkway will be extended and serve as
access for additional residents who have no obligation to pay into the Clydesdale Park PID.
Residents have expressed concern that their continued maintenance responsibility for the existing portion of
Carriage Parkway is no longer reasonable if the parkway is extended and used by future development to the
south. Carriage Parkway is designated as a collector street on the City Master Street Plan, and will eventually
be extended south to East Prospect Road. All portions of the future Carriage Parkway extension are within the
city limits and will therefore be maintained by the City once constructed and accepted. Because all of
Clydesdale Park's streets are currently in good condition, the City Streets and Engineering Departments are in
agreement that the streets can be accepted into the City of Fort Collins' Street Maintenance Program, should
the annexations be approved.
These annexations are located within the Growth Management Area (GMA). According to policies and
agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreements, the City
will agree to consider annexation of property in the GMA when the property is eligible for annexation,
according to state law.
In order to gain the 1/6 contiguity with a municipal boundary as required by state law, a series of two
annexations are needed to annex the Clydesdale Park neighborhood. The Clydesdale Park First Annexation
gains the required 1/6 contiguity to existing city limits from a common boundary with the City of Fort Collins
through the Fox Grove property to the west, which was annexed in 2005. The Clydesdale Park Second
Annexation gains the required 1/6 contiguity to existing city limits from a common boundary with the
Clydesdale Park First Annexation, thus satisfying the requirement that no less than one -sixth of the perimeter
boundaries be contiguous to the existing city boundary.
The requested zoning for these annexations is the Low Density Mixed -Use Neighborhood District
(L-M-N), which is in compliance with the City of Fort Collins Structure Plan.
Stormwater Fee Phase -in
The Clydesdale Park Homeowner's Association (HOA) has requested annexation into the City of Fort Collins
(City). The HOA is requesting that the City's stormwater service fees be phased -in over 5 years. Review of the
development plans and aerial photos confirm that the overall impervious surface area of Clydesdale Park falls
within the limits of residential development ("light" category) as outlined in City Code.
Item # 7 Page 2
Agenda Item 7
STAFF
Jason Holland, City Planner
SUBJECT
Items Relating to the Clydesdale Park First and Second Annexations.
EXECUTIVE SUMMARY
A. Resolution 2014-084 Setting Forth Findings of Fact and Determinations Regarding the Clydesdale Park
First Annexation.
B. Hearing and First Reading of Ordinance No. 131, 2014, Annexing Property Known as the Clydesdale Park
First Annexation.
C. First Reading of Ordinance No. 132, 2014, Amending the Zoning Map and Classifying for Zoning Purposes
the Property included in the Clydesdale Park First Annexation.
D. Resolution 2014-085 Setting Forth Findings of Fact and Determinations Regarding the Clydesdale Park
Second Annexation.
E. Hearing and First Reading of Ordinance No. 133, 2014, Annexing Property Known as the Clydesdale Park
Second Annexation.
F. First Reading of Ordinance No. 134, 2014, Amending the Zoning Map and Classifying for Zoning Purposes
the Property included in the Clydesdale Park Second Annexation.
The purpose of this item is to consider the annexation of the existing Clydesdale Park subdivision located east
of Interstate 25, south of the intersection of East Mulberry Street and Carriage Parkway. Clydesdale Park
includes 217 single-family residential lots on approximately 75 acres. Residents of the Clydesdale Park
neighborhood have requested annexation.
Residents are also requesting a 5 year "phase -in" of the storm water utility fee for Clydesdale Park upon
annexation. The stormwater fee phase -in request was brought to the Water Board on September 18, 2014 for
its consideration. Stormwater utility staff and the Water Board are recommending denial of the request for a
"phased -in" stormwater fee.
These annexation requests are 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 Resolutions and Ordinance on First Reading.
Staff recommends denial of the request for a "phased -in" stormwater fee. Should a "phased -in" approach be
proposed, staff recommends that the stormwater fee begin at an annual rate of $75 per lot and be increased to
the full fee over a three year period.
Item # 7 Page 1