HomeMy WebLinkAboutMAVERIK FIRST ANNEXATION & ZONING - ANX150004 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSEXHIBIT A
NOTICE
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted
Resolution 2016-015 initiating annexation proceedings for the Maverik First Annexation said
Annexation being more particularly described in Resolution 2016-015.
That, on March 15, 2016, at the hour of 6:00 p.m., or as soon thereafter as the matter may
come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort
Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation
petition and zoning request for the purpose of finding and determining whether the property
proposed to be annexed meets the applicable requirements of Colorado law and is considered
eligible for annexation and for the purpose of determining the appropriate zoning for the property
included in the Annexation. At such hearing, any persons may appear and present such evidence
as they may desire.
The Petitioner has requested that the Property included in the Annexation be placed in the
General Commercial ("C-G") Zone District.
The City of Fort Collins will make reasonable accommodations for access to City
services, programs and activities and will make special communication arrangements for persons
with disabilities. Please call 221-6515 (TDD 224-6001) for assistance.
Dated this 9th day of February, A.D. 2016.
City Clerk
SAID LOT 17 TO THE NORTHWEST CORNER OF SAID LOT 17 AND THE POINT OF
BEGINNING;
THENCE SOUTH 35029'11" EAST, A DISTANCE OF 274.66 FEET TO THE NORTHWESTERLY
RIGHT OF WAY LINE OF SOUTHEAST FRONTAGE ROAD SAID POINT ALSO BEING THE
BEGINNING OF A NONTANGENT CURVE;
THENCE 113.59 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS
OF 260.00 FEET, THROUGH A CENTRAL ANGLE OF 25'01'50", HAVING A CHORD WHICH
BEARS SOUTH 30043'25" WEST, A DISTANCE OF 112.68 FEET;
THENCE NORTH 35026'29" WEST, A DISTANCE OF 141.57 FEET;
THENCE SOUTH 54019'21" WEST, A DISTANCE OF 83.26 FEET;
THENCE NORTH 35031'08" WEST, A DISTANCE OF 271.26 FEET TO THE SOUTHERLY RIGHT
OF WAY LINE OF COLORADO STATE HIGHWAY 14, ALSO KNOWN AS EAST MULBERRY
STREET;
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2)
COURSES:
THENCE NORTH 66038'30" EAST, A DISTANCE OF 19.01 FEET;
THENCE NORTH 82018'06" EAST, A DISTANCE OF 189.70 FEET TO THE POINT OF BEGINNING.
CONTAINING 55,087 SQUARE FEET, OR 1.265 ACRES (MORE OR LESS).
Section 3. That the City Council hereby finds and determines that the annexation
petition for the Maverik First Annexation and accompanying map are in substantial compliance
with the Municipal Annexation Act.
Section 4. That the Notice attached hereto as Exhibit "A" is hereby adopted as a part
of this Resolution. Said Notice establishes the date, time and place when a public hearing will be
held regarding the passage of annexation and zoning ordinances pertaining to the above
described property. The City Clerk is directed to publish a copy of this Resolution and said
Notice as provided in the Municipal Annexation Act.
Section 5. That Resolution 2015-110 is hereby rescinded in its entirety and replaced
by this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 9th
day of February, A.D. 2016.
ATTEST:
City Clerk
Mayor
-2-
RESOLUTION 2016-015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR THE
MAVERIK FIRST ANNEXATION
WHEREAS, on December 15, 2015, City Council adopted Resolution 2015-110 to
initiate annexation proceedings for the Maverik First Annexation and to set an annexation
hearing date on February 2, 2016; and
WHEREAS, due to inclement weather, the February 2, 2016, annexation hearing was not
conducted; and
WHEREAS, to comply with statutory notice requirements, City Council is reinitiating
annexation proceedings and setting a new date for the annexation hearing as specified in attached
Exhibit "A";
WHEREAS, a written petition, together with four (4) prints of an annexation map, has
been filed with the City Clerk requesting the annexation of certain property to be known as the
Maverik First Annexation, as more particularly described below; and
WHEREAS, the City Council desires to initiate annexation proceedings for the Maverik
First Annexation in accordance with Section 30, Article II of the Colorado State Constitution,
and the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby accepts the annexation petition for the
Maverik First Annexation, more particularly described as situate in the County of Larimer, State
of Colorado, to wit:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15;
THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER OF SECTION 15,
NORTH 89015'00" EAST, A DISTANCE OF 1084.26 FEET;
THENCE SOUTH 0045-00" WEST, A DISTANCE OF 208.55 FEET TO THE NORTH BOUNDARY OF
INTERCHANGE BUSINESS PARK SUBDIVISION AS RECORDED IN RECEPTION NUMBER
2001007054, PUBLIC RECORDS OF COUNTY OF LARIMER, STATE OF COLORADO AND THE
NORTHEAST CORNER OF LOT 17 OR SAID INTERCHANGE BUSINESS PARK;
THENCE SOUTH 82018-06" WEST, A DISTANCE OF 170.83 FEET ALONG THE NORTH
BOUNDARY OF SAID INTERCHANGE BUSINESS PARK AND THE NORTH BOUNDARY OF
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Attachmen24
1ATWELL
Annexation Narrative
Maverik Convenience Store and Fuel Sales
This narrative describes the proposed annexation of approximately 0.78 acres of land located at
4333 E. Mulberry Street, Ft. Collins, Colorado. This parcel of land is currently owned by Americas
Best Value Inn & Suites, and is located at the southeast corner of Interstate-25 and E. Mulberry St
(W. Hwy 14). The existing hotel is currently located within Larimer County outside the City
boundary.
Maverik, Inc., desires to purchase a portion of this property (0.78 acres) and combine it with an
adjacent undeveloped parcel of land currently within the City boundaries to construct a
convenience store with fuel sales and landscaped rest area. The undeveloped parcel of land consists
of approximate 0.51 acres. Access to the proposed site would be E. Mulberry St. and the SE Frontage
Rd. with the entry at Denrose Court. The current property owner does not wish to annex the hotel
into the City at this time. As such, the proposed 0.78 acre parcel will be replatted with the
undeveloped 0.51 acre parcel to create a new 1.29 acre parcel for the development
The proposed zoning of the project is Community Commercial which is in conformance with the
City of Fort Collins Structure Plan and coincident with the zoning of the surrounding area. The
project proposes to demolish the existing restaurant adjacent to the hotel and construct a 5045
square foot convenience store with a 7,070 square foot area for fuel sales. The northeastern portion
of the property will accommodate a landscaped rest area with tables, a tot -lot and dog run.
Justification for this annexation includes the proposed project is in conformance with the current
zoning and the need for the development is apparent since there are no other fuel sales in the area
of this 1-25 interchange. This appears to be a natural annexation because the surrounding land area
to the east and northeast currently lies within the City boundary.
Attachmen29
ATTACHMENT"C"
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STATE OF COLORADO
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The undersigned, being first duly sworn upon his oath states.
That he was the circulator of the attached Petition for Annexation and that each signature therein
is the signature of the person whose name it purports to be.
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Circulator's Signature
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AttachmenH
ATTACHMENT"A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the County of Lorimer. State of Colorado, to -wit.
A PORTION OF THE NORTHWEST ONE -QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE
68 WEST OF THE SIXTH PRINCIPLE MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO,
BEING MORE PARTICULALY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15;
THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER OF SECTION 15,
NORTH 89015'00" EAST, A DISTANCE OF 1084.26 FEET;
THENCE SOUTH 0045'00" WEST, A DISTANCE OF 208.55 FEET TO THE NORTH BOUNDARY OF
INTERCHANGE BUSINESS PARK SUBDIVISION AS RECORDED IN RECEPTION NUMBER
2001007054, PUBLIC RECORDS OF COUNTY OF LARIMER, STATE OF COLORADO AND THE
NORTHEAST CORNER OF LOT 17 OR SAID INTERCHANGE BUSINESS PARK;
THENCE SOUTH 82018'06" WEST, A DISTANCE OF 170.03 FEET ALONG THE NORTH BOUNDARY
OF SAID INTERCHANGE BUSINESS PARK AND THE NORTH BOUNDARY OF SAID LOT 17 TO THE
NORTHWEST CORNER OF SAID LOT 17 AND THE POINT OF BEGINNING;
THENCE SOUTH 35029'11" EAST, A DISTANCE OF 274.66 FEET TO THE NORTHWESTERLY RIGHT
OF WAY LINE OF SOUTHEAST FRONTAGE ROAD SAID POINT ALSO BEING THE BEGINNING OF A
NONTANGENT CURVE;
THENCE 113.59 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
260.00 FEET, THROUGH A CENTRAL ANGLE OF 25-01'50", HAVING A CHORD WHICH BEARS
SOUTH 30043'25" WEST, A DISTANCE OF 112.68 FEET;
THENCE NORTH 35°26'29" WEST, A DISTANCE OF 141.57 FEET;
THENCE SOUTH 54019'21- WEST, A DISTANCE OF 83.26 FEET;
THENCE NORTH 35°31'08" WEST, A DISTANCE OF 271.26 FEET TO THE SOUTHERLY RIGHT OF
WAY LINE OF COLORADO STATE HIGHWAY 14, ALSO KNOWN AS EAST MULBERRY STREET;
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES:
THENCE NORTH 66038'30" EAST, A DISTANCE OF 19.01 FEET;
THENCE NORTH 82018'06- EAST, A DISTANCE OF 189.70 FEET TO THE POINT OF BEGINNING.
CONTAINING 55,067 SQUARE FEET, OR 1.265 ACRES (MORE OR LESS).
Attachmen26
❑ (Check box if applicable). The Petitioners reserve the right to withdraw this petition and their
signatures therefrom at any time prior to the commencement of the roll call of the City Council for the vote
upon the second reading of the annexation ordinance.
General location of property to be annexed:
A portion of the property at 4333 E. Mulberry Street
Individual Petitioners signing this Petition represem rnat cney own ino VUj uW&go, W, •T— - -
annexed, described on Attachment "A" as more particularly described below:
A tract of land situate in the County of Larimer, State of Colorado, to -wit:
"See Legal Description on Attachment W."
TIa
IN WITNESS WHEROF, Itwe have executed this Petitio
Petitioner's/Owner's Signature
}-\In'A �U t_, l
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Petitioner'slOwner's Printed Name/Title
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Address
City State
Petitioner's/Owner's Signature
Petitioner'slOwner's Printed NamelTitle
Address
Zip City
State Zip
Attachmen25
PETITION FOR ANNEXATION
THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the Council of
the City of Fort Collins, Colorado for the annexation of an area, to be referred to as the Maverik First
Annexation to the City of Fort Collins. Said area, consisting of approximately Seventy -Eight Hundreths
(0.78) acres, is more particularly described on Attachment "A," attached hereto.
The Petitioners allege:
1. That It Is desirable and necessary that such area be annexed to the City of Fort Collins
2. That the requirements of Sections 31-12-104 and 31-12-105, C.R.S., exist or have been
met.
3. That not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is
contiguous with the boundaries of the City of Fort Collins.
4. That a community of interest exists between the area proposed to be annexed and the
City of Fort Collins.
5. That the area to be annexed is urban or will be urbanized in the near future.
6. That the area proposed to be annexed is integrated with or capable of being integrated
with the City of Fort Collins.
7. That the Petitioners herein comprise more than fifty percent (50%) of the landowners in
the area and own more than fifty percent (50%) of the area to be annexed, excluding
public streets, alleys and lands owned by the City of Fort Collins.
a. Tt sume any obligations respecting
th s, electric service lines, streets or
at )party proposed to be annexed
e> y of Fort Collins.
Further, as an express condition of annexation, Petitioners consent to the Inclusion into the
Municipal Subdistrict, Northern Colorado Water Conservancy District (the "Subdistrict") pursuant to §37-
45-136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners' property
will be subject to the same mill levies and special assessments as are levied or will be levied on other
similarly situated property in the Subdistrict at the time of inclusion of Petitioners' lands. Petitioners agree
to waive any right to an election which may exist pursuant to Article X, §20 of the Colorado Constitution
before the Subdistrict can impose such mill levies and special assessments as It has the authority to
impose. Petitioners also agree to waive, upon Inclusion, any right which may exist to a refund pursuant to
Article X, §20 of the Colorado Constitution,
WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the
annexation of the area described on Attachment "A." Furthermore, the Petitioners request that said area
be placed in the C Commerclal Zone District pursuant to the Land Use Code of the City of Fort Collins.
Maverik First Annexation
1 inch = 1,250 feet
N
W E
20
ATTACHMENTS
1. Maverik Vicinity Map (PDF)
2. Maverik Structure Plan Map (PDF)
3. Maverik Zoning Map (PDF)
4. Annexation Narrative (PDF)
5. Annexation Petition (PDF)
Agenda Item 2
Item # 2 Page 4
19
Agenda Item 2
3. Zoning:
The proposed zoning for the subject annexation is C-G, General Commercial. This district is intended to
be a setting for development, redevelopment and infill of a wide range of community and 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 areas may continue to
meet the need for auto -related and other auto -oriented uses, it is the city's intent that the Commercial
District emphasizes safe and convenient personal mobility in many forms, with planning and design that
accommodates pedestrians.
4. Enclave Implications:
Annexing this 1.265 acre parcel does not create (nor does it contribute to creating) an enclave.
5. Findings of Fact:
A. The property meets the eligibility requirements included in State law to qualify for a voluntary
annexation to the City of Fort Collins.
B. The annexation of this area is consistent with the policies and agreements between Larimer
County and the City of Fort Collins contained in the Intergovernmental Agreement for the Fort
Collins Growth Management Area.
C. The requested zoning, C-G, General Commercial, is in conformance with the policies of the
City's Comprehensive Plan and the 1-25 Corridor Plan.
D. The request is in conformance with Section 2.9, Amendment to the Zoning Map, of the City of
Fort Collins Land Use Code.
E. On December 15, 2015, the City Council approved a resolution that accepted the annexation
petition and determined that the petition was in compliance with State law. The resolution
also initiated the annexation process for the property by establishing the date, time and place
when a City Council public hearing would be held regarding the readings of the Ordinances
annexing and zoning the area.
F. Since the parcel is commercially oriented and located at the junction of Interstate 25 and
State Highway 14, Staff recommends that the parcel not be included in the Residential
Neighborhood Sign District. This is consistent with the balance of the Interchange Business
Park.
RECOMMENDATION:
Staff recommends approval of the 1.265 acre Maverik First Annexation and placement into the C-G,
General Commercial zone district.
Item # 2 Page 3
18
Agenda Item 2
COMMENTS:
1. Backaround:
The property is located within the Fort Collins Growth Management Area. According to policies and
agreements between the City of Fort Collins and Larimer County contained in the (1.) Intergovernmental
Agreement for the Fort Collins Growth Management Area, and (2.) the 1-25 Corridor Plan, the City will
agree to consider annexation of property in the GMA when the property is eligible for annexation
according to State law.
The site is located in an area designated by the 1-25 Corridor Plan as one of the "Commercial Corridors."
The subject property gains the required one -sixth contiguity to existing City limits from a common
boundary with Lot 17 of the Interchange Business Park Third Annexation (2005).
As a result, 35% of the total perimeter is contiguous to the existing municipal boundary which exceeds
the required minimum (16.66%).
This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to
annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort
Collins Intergovernmental Agreements.
The surrounding zoning and land uses are as follows:
N: C Equipment Rental (Commercial, County)
S: C-G Otter Box Warehouse
E: C-G McDonald's Restaurant
W:C-G Air Care Colorado - Vehicle Emissions Testing
2. 1-25 Corridor Plan:
The parcel is located within the 1-25 Corridor Plan, adopted in 2003 and covers the area along 1-25
between County Roads 52 and 32. The Interchange Business Park, at the southeast quadrant of 1-25
and State Highway 14, is designated as a Commercial Corridor. 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 1-25/Mulberry Street interchange, are fully developed,
whereas areas near the 1-25/Prospect Road 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 community vision for Fort
Collins."
According to the 1-25 Corridor Plan Land Use Map, the subject parcel should be placed into the C-G,
General Commercial zone district. The proposed zoning, C-G, General Commercial, complies with the
sub -area plan.
Item # 2 Page 2
17
Agenda Item 2
PROJECT NAME
MAVERIK FIRST ANNEXATION AND ZONING,#ANX150004 y`
STAFF (�
Ted Shepard, Chief Planner
PROJECT INFORMATION
PROJECT DESCRIPTION: This is a request to annex and zone 1.265 acres located on a portion of
the parcel at 4333 East Mulberry Street, which is the existing Mulberry Inn
Hotel and property, located at the southeast quadrant of 1-25 and East
Mulberry Street. This is a 100% voluntary annexation. The parcel
currently consists of a vacant restaurant and parking lot that adjoins the
hotel. In accordance with the City Plan's Structure Plan Map and the 1-25
Corridor Plan, the requested zoning for this annexation is C-G, General
Commercial. The surrounding properties are platted as the Interchange
Business Park and are also zoned C-G. The Annexation does not include
the hotel.
APPLICANT: Mr. Don Lilyquist
Maverik, Inc. c/o Atwell Group
143 Union Blvld.
Lakewood, CO. 80228
OWNER: Hana Dul, Inc.
4333 E. Mulberry Street
Fort Collins, CO 80524
RECOMMENDATION: Staff recommends approval of the annexation and placement into the C-
G, General Commercial zone district.
EXECUTIVE SUMMARY
This is a request to annex and zone 1.265 acres which is a portion of a parcel addressed as 4333 E.
Mulberry Street (Mulberry Inn). According to the Intergovernmental Agreement with Larimer County, the
City agrees to consider annexing parcels that are within the Growth Management Area and are
contiguous to the municipal boundary. Of the total perimeter boundary, the annexation has 35%
contiguity thus exceeding the necessary one -sixth (16.66%) contiguity. Because of the location within
an established business at the intersection of two highways, the parcel will not be placed into the
Residential Neighborhood Sign District which is consistent with the balance of the Interchange Business
Park.
Item # 2 Page 1