HomeMy WebLinkAboutMAVERIK FIRST ..... ANNEXATION - ANX150004 - REPORTS - FIRST READINGPassed and adopted on final reading on the 5th day of April, A.D. 2016.
ATTEST:
City Clerk
Mayor
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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 3004325" 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 82' 18'06" EAST, A DISTANCE OF 189.70 FEET TO THE POINT OF BEGINNING.
CONTAINING 55,087 SQUARE FEET, OR 1.265 ACRES (MORE OR LESS).
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Maverik 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 4. That, in annexing the Property to the City, the City does not assume any
obligation respecting the construction of water mains, sewer lines, gas mains, electric service
lines, streets or any other services or utilities in connection with the Property hereby annexed
except as may be provided by ordinances of the City.
Section 5. That 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 15th day of
March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016.
ATTEST:
City Clerk
Mayor
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ORDINANCE NO. 036, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING THE PROPERTY KNOWN AS THE
MAVERIK FIRST ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2016-015, finding substantial compliance and initiating
annexation proceedings for the Maverik First Annexation, as defined therein and described
below, has heretofore been adopted by the City Council; and
WHEREAS, Resolution 2016-024 setting forth findings of fact and determinations
regarding the Maverik First Annexation is being adopted concurrently with the first reading of
this Ordinance; and
WHEREAS, the City Council has determined that it is in the best interests of the City to
annex the Property to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby incorporates the findings of Resolution
2016-015 and Resolution 2016-024 and further finds that it is in the best interests of the City to
annex the Property to the City.
Section 3. That the following described property (the "Property"), 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 PARTICULARLY 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 170.83 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;
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of March, A.D. 2016.
Mayor
ATTEST:
City Clerk
RESOLUTION 2016-024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE MAVERIK FIRST ANNEXATION
WHEREAS, per Resolution 2016-015, annexation proceedings were heretofore initiated
by the City Council for property to be known as the Maverik 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 makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. 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 3. 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 4. 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 5. 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 6. That the City Council concludes that the Property is eligible for
annexation to the City and should be so annexed.
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ATTACHMENT"C"
ATTORNEY CERTIFICATION
o �� J-v an attorney licensed to practice in the State of
Colorado, hereby certify that, as oft date of this certificate, the siggers of this Annexation Petition for
the area referred to as the nuer"'k F+ is /Yng ekc4hc--� Annexation to the City of Fort
Collins are the owners of real property in the area proposed for annexation. Furthermore, I certify that
said owners constitute more than 50% of the landowners in the area proposed for annexation, as said
area Is described on Attachment "A" of said Annexation Petition, and own more than 50% of the land in
said area, exclusive of streets and alleys.
C
Date Attorney
Reg. No
STATE OF COLORADO
)ss.
COUNTY OF LARIMER )
ATTACHMENT"B"
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.
Circulator's Signatures
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Subscribed and sworn to before me this day of
by C �'� �'F'tzn�;.£_ v�� �,� 1 �r� c, �
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WITNESS my hand and official seal.
Ldszlvav:�,
Commission Expiration
]RISSANARLYANII N
IS
PUBLICTA ICCLORADO
407,
MYp�plE7018mesa
Notary Pu
ATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the County of Larimer. 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
2001007064, PUBLIC RECORDS OF COUNTY OF LARIMER, STATE OF COLORADO AND THE
NORTHEAST CORNER OF LOT 17 OR SAID INTERCHANGE BUSINESS PARK;
THENCE SOUTH 82618'06" WEST, A DISTANCE OF 170.83 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 P
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 25001'50", 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 63.26 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 55,087 SQUARE FEET, OR 1.265 ACRES (MORE OR LESS).
❑ (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 vetrtwn represen<«ia< <,ioy uw,I I. ram•
annexed, described on Attachment "A" as more particularly described below:
A tract of land situate in the County of Lorimer, State of Colorado, to -wit:
"See Legal Description on Attachment `A'."
-t A
IN WITNESS WHEROF, I/we have executed this Petition for Annexation this.day of
22 l
Petitioner's/Owner's Signature
}hen A �0 t_,
Petitioner'sfOwner's Printed Name/Title
y45?s3 G— 07e` j S'r
Address
City State
Petitioner's/Owner's Signature
Petitioner's/Owner's Printed Nome/Title
Address
Zip City
State Zip
ATTACHMENT
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. That the City of Fort Collins shall not be required to assume any obligations 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 proposed to be annexed
except as may be provided by the ordinance of the City 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 incluslon 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 Commercial Zone District pursuant to the Land Use Code of the City of Fort Collins.
ATTACHMENT 4
1A T W GEn L L
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.
,E]
» M...verik First Annexar`oon ATTACHMENT 2
Fort Collins
Structure Plan FortCottios
1
IIE Vine Dr
Major Street Names
® Annexation
�— —� City Limits
OGrowth Management Area
Site - Maverik
First Annexation
Rd
Maverik First Annexation
Vicinity Map finch =1,257feet
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Agenda Item 11
zone district. This unanimous action was taken as part of the Board's consent agenda; therefore, there are no
minutes.
PUBLIC OUTREACH
Given the surrounding context of the Interchange Business Park, and the relatively small size of the parcel,
there was no neighborhood meeting for this annexation and zoning. Please note, however, that all required
mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land
Use Code have been followed.
ATTACHMENTS
1. Vicinity Map(PDF)
2. Structure Plan Map (PDF)
3. Zoning Map (PDF)
4. Annexation narrative (PDF)
5. Annexation Petition (PDF)
Item # 11 Page 2
Agenda Item 11
STAFF
Ted Shepard, Chief Planner
SUBJECT
Items Relating to the Maverik First Annexation.
EXECUTIVE SUMMARY
A. Resolution 2016-024 Setting Forth Findings of Fact and Determinations Regarding the Maverik First
Annexation.
B. Public Hearing and First Reading of Ordinance No. 036, 2016, Annexing the Property Known as the
Maverik First Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to annex 1.26 acres located at 4333 East Mulberry Street at the southeast quadrant
of 1-25 and State Highway 14. The parcel is a portion of the America's Best Value and Inn and Suites hotel.
The Initiating Resolution was adopted on February 9, 2016. The property is located within the 1-25 Corridor
Plan. A related item to Zone the annexed property is presented as the next item on this Agenda.
This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to
annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins
Intergovernmental Agreements.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading and the Resolution.
BACKGROUND / DISCUSSION
Contiguity
The subject property gains the required one -sixth contiguity to existing City limits from a common boundary on
three sides with the Interchange Business Park which was annexed in 2005. As a result, there is 36% of the
total perimeter contiguous to the existing municipal boundary which exceeds the required minimum (16.66%).
Enclave Implications
Annexing this 1.26 acre parcel does not create (nor does it contribute to creating) an enclave.
CITY FINANCIAL IMPACTS
There are no direct financial impacts as a result of the proposed annexation.
BOARD I COMMISSION RECOMMENDATION
At its January 14, 2016, regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of
the annexation. Further, the Board recommended that parcel be placed into the C-G, General Commercial
Item # 11 Page 1