HomeMy WebLinkAboutAWEIDA ANNEXATION & ZONING (FORMERLY 4101 S. TAFT HILL RD. MIXED-USE DEVELOPMENT) - ANX180002 - REPORTS - INITIATING RESOLUTIONr
Agenda fterr� a 4
•
STAFF
Pete Wray, Senior City Planner
Brad Yatabe, Legal
SUBJECT
Resolution 2018-036 Finding Substantial Compliance and Initiating Annexation Proceedings for the Aweida
Annexation.
EXECUTIVE SUMMARY
The purpose of this item is to determine substantial compliance and initiate annexation proceedings for the
Aweida Annexation. The Aweida Annexation brings one property and the abutting arterial street right-of-way
totaling 0.862 acres, located on the southwest corner of the South Taft Hill Road and W CR 38 E
intersection, into Fort Collins' municipal boundaries. No project development plan proposal was submitted in
conjunction with the annexation application. The requested zoning for this annexation is Low Density
Mixed-Use Neighborhood (L-M-N).
• The proposed Resolution makes a finding that the petition substantially complies with the Municipal
Annexation Act, determines that a hearing should be established regarding the annexation, and directs
that notice be given of the hearing. The hearing will be held at the time of first reading of the annexation and
zoning ordinances; not less than thirty days of prior notice is required by State law. Pursuant to § 31-12-108,
C.R.S., if the annexation petition is in substantial compliance with the requirements of § 31-12-107, C.R.S.,
Council is required to adopt a resolution finding substantial compliance and setting a hearing. The proposed
zoning of a property to be annexed is not a requirement under § 31-12-107, C.R.S., and discussion of zoning
issues should be reserved for the zoning �eview that will occur concurrent to the first reading for the
annexation.
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 Agreement Regarding Growth Management.
STAFF RECOMMENDATION
u
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Aweida Annexation includes one vacant parcel owned by Aweida Properties, Inc., and right-of-way
owned by Larimer County. The right-of-way for a portion of S. Taft Hill Road and W CR 38 E is included
in the annexation to provide continuity of service for the City of Fort Collins.
The requested zoning for this annexation is L-M-N. The City Structure Plan Map, an element of City Plan,
currently classifies the Aweida Annexation as Urban-Estate zoning upon annexation. A Council amendment of
the City Structure Plan Map will be necessary to allow for the Aweida Annexation to be zoned L-M-N. The
resolution to amend the map will come before Council at first reading of the annexation and zoning ordinances.
Item # 10 Page 1
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The request to amend the City Structure Plan Map, an element of City Plan and referred to as the Plan •
Amendment, is needed to re-designate approximately 0.862 acres of land from Urban Estate (U-E) to Low
Density Mixed-Use Neighborhood (L-M-N). Future development in the U-E zoning requires a minimum % acre
lot. The Aweida parcel is 0.44 acres, less than the'/z acre minimum. The proposed L-M-N designated land is
necessary to accommodate a project that is consistent with City policies related to mixed-use development,
consistent with adjacent L-M-N zoning near a neighborhood center, and coordination of public street
infrastructure improvements. The proposed amendment will promote the public welfare and will be consistent
with the vision, goals, principles and policies of City Plan and the elements thereof, The proposed amendment
to the City Structure Plan Map is limited to a single element of City Plan and therefore constitutes a Minor
Amendment.
The property is bordered by existing single-family homes to the south and west, and the existing JJ's
commercial center to the north, and existing LMN-zoned neighborhood to the east. This is a 100% voluntary
annexation for a property located within the Growth Management Area (GMA). According to policies and
agreements contained in the Larimer County and City of Fort Collins lntergovemmental Agreements, the
City will agree to consider annexation of property in the GMA when the property is eligible for annexation
according to State law.
The Aweida Annexation gains the required 1/6 contiguity to existing city limits from a common boundary with
the Horsetooth - Harmony West Annexation (Ordinance No. 068, 1980), thus satisfying the requirement that
no less than one-sixth of the perimeter boundary be contiguous to the existing City boundary.
CITY FINANCIAL IMPACTS
The annexation and zoning will not result in any initial direct signficant financial/economic impacts. Electric
service will be transferred from Poudre Valley REA to Fort Collins Light and Power. Future development will
also trigger the transition from Larimer County Sherriff enforcement to Fort Collins Police Services. The
provision of water utility services will continue to be provided by the Fort Collins/Loveland Water District and •
wastewater utility service by the City of Fort Collins.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request on
May 17, 2018. The Board's recommendation will be forwarded to City Council as part of the First Reading of
the annexation and zoning ordinances on June 5, 2018.
PUBLIC OUTREACH
There was no public outreach for this initiating Resolution as this Resolution simply accepts the Annexation
Petition and provides a schedule for upcoming Council hearings with a schedule and notification requirements
that comply with State Statutes. A neighborhood meeting was held on March 22, 2018, for the annexation and
zoning and conceptual plans for the Aweida property. The Aweida Annexation neighborhood meeting included
six residents from the notification area. Staff received mixed feedback from participants either in support for
the annexation and future development project, or with concems of potential impacts of the future project, and
potential for future annexation of a larger area.
ATTAC H M ENTS
1. Vicinity map(PDF)
2. Structure Plan map (PDF)
3. Zoning Map(PDF)
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Item # 10 Page 2
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RESOLUTION 2018-036
OF THE COUNCIL OF THE CITY OF FORT COLLIN5
FINDING SUBSTANTIAL COMPLIANCE AND INITIATING
ANNEXATION PROCEEDINGS FOR THE AWEIDA ANNEXATION
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
Aweida Annexation, as more particularly described below; and
WHEREAS, the City Council desires to
Annexation in accordance with the Municipa:
Colorado Revised Statutes.
initiate annexation proceedings for the Aweida
Annexation Act, Section 31-12-101, et seq.,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section L 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
Aweida Annexation, more particularly described as situate in the County of Larimer, State of
Colorado, to wit:
A parcel of land situated in the East Half of Section 33, Township 7 North, Range 69
West of the 6th P.M., being more particularly described as follows:
Considering the East line of the Southeast Quarter of said Section 33 as bearing South
00°06'18" East and with all bearings contained herein relative thereto:
BEGINNING at the East Quarter corner of said Section 33; thence alor�g the East line of
the Southeast Quarter of said Section 33, said line also being the West line of the
Horsetooth - Harmony West Annexation to the City of Fort Collins as recorded at Book
1873, Page 735 Larimer County Clerk and Recorder, South 00°06'18" East, 162.20 feet;
thence departing said line, South 89°53'42" West, 30.95 feet to a point on the West right
of way line of South Taft Hill Road; thence along the South line of a parcel of land
recorded at Reception No. 20160052454 Larimer County Clerk and Recorder, South
89°53'33" West, 152.83 feet; thence along the West line of said parcel of land, North
00° 11'S0" East, 131.75 feet; thence departing said line, North 00° 15'33" West, 59.96 feet
to a point on the South line of a parcel of land recorded at Reception No. 20070027078
Larimer County Clerk and Recorder; thence along said line, North 89°44'26" East, 98.37
feet to the Southwest corner of a parcel of land recorded at Reception No. 20060042003
Larimer County Clerk and Recorder; thence along said parcel the following four (4)
courses and distances, North 00°08'23" East, 20.00 feet; thence, North 89°44'27" East,
20.00 feet; thence, North 00°00'00" East, 10.00 feet; thence, North 89°44'29" East, 15.02
feet to a point on the West right of way line of South Taft Hill road; thence departing said
line, South 89°51'37" East, 50.00 feet to point on the East line of the Northeast Quarter
of Section 33; thence, South 00°08'23" West, 59.65 feet to the Point of Beginning.
�
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The above described tract of land contains 37,537 square feet or 0.862 acres, more or
less.
Section 3. That the City Council hereby finds and determines that the annexation
petition for the Aweida Annexation is in substantial compliance with the Municipal Annexation
Act in that the annexation petition contains the following:
(1) An allegation that it is desirable and necessary that such area be annexed to the
municipality;
(2) An allegation that the requirements of Colorado Revised Statutes sections 31-12-
104 and 31-12-105 exist or have been met;
(3) An allegation that the signers of the petition comprise more than fifty percent of
the landowners in the area and own more than fifty percent of the area proposed to be
annexed, excluding public streets and alleys and any land owned by the annexing
municipality;
(4) The signatures of such landowners;
(5) A request that the annexing municipality approve the annexation of the area proposed
• to be annexed;
(6) T'he mailing address of each such signer;
(7) The legal description of the land owned by such signer;
(8) The date of signing of each signature; and
(9) The affidavit of the circulator of such petition that each signature therein is the
signature of the person whose name it purports to be.
Section 4. That the City Council hereby finds and determines that the annexation
map, four copies total, accompanying the annexation petition for the Aweida Annexation is in
substantial compliance with the Municipal Annexation Act in that the map contains the
following:
(1) A written legal description of the boundaries of the area proposed to be annexed;
(2) A map showing the boundary of the area proposed to be annexed;
(3) Within the annexation boundary map, a showing of the location of each ownership
tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat
numbers of plots or of lots and blocks; and
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(4) Next to the boundary of the area proposed to be annexed, a drawing of the •
contiguous boundary of the annexing municipality and the contiguous boundary of any
other municipality abutting the area proposed to be annexed.
Section 5. 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.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
17th day of April, A.D. 2018.
ATTEST:
City Clerk
Mayor
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EXHIBIT A
�
NOTICE
TO ALL PERSONS 1NTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted-
Resolution 2018-036 initiating annexation proceedings for the Aweida Annexation, consisting of
approximately .862 acres and generally located at the southwest corner of South Taft Hill Road
and West County Road 38E, said Annexation being more particularly described in Resolution
2018-036.
That, on June 5, 2018, 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
Low Density Mixed-Use Neighborhood ("L-M-N") 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 ca11221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Dated this 17th day of April, A.D. 2018.
City Clerk
•
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RESOLUTION 2018-036
OF THE COU?�1CIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND INITIATING
ANNEXATION PROCEEDINGS FOR THE AWEIDA ANNEXATION
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 Aweida
Annexation, as more particularly described below; and
WHEREAS, the City Council desires to initiate annexation proceedings for the Aweida
Annexation in accordance with the Municipal Annexation Act, Section 31-12-101, et seq.,
Colorado Revised Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE COLTNCIL 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 szt forth above.
Section 2. That the City Council hereby accepts the annexation petition for the Aweida
Annexation, more particularly desrribed as situate in the County of Larimer, State of Colorado, to
wit:
A parcel of land situated in the East Half of Section 33, Township 7 North, Range 69 West
of the 6th P.M., being more particularly described as follows:
Considering the East line of the Southeast Quarter of said Section 33 as bearing South
00°06'18" East and with all bearings contained herein relative thereto:
BEGINNING at the East l2uarter corner of said Section 33; thence along the East line of
the Southeast Quarter of said Section 33, said line also being the West line of the
Horsetooth - Harmony West Annexation to the City of Fort Collins as recorded at Book
1873, Page 735 Larimer County Clerk and Recorder, South 00°06'18" East, 162.20 feet;
thence departing said line, South 89°53'42" West, 30.95 feet to a point on the West right
of way line of South Taft Hill Road; thence along the South line of a parcel of land recorded
at Reception No. 20160052454 Larimer County Clerk and Recorder, South 89°53'33"
West, 152.83 feet; thence along the West line of said parcel of land, North 00°11'S0" East,
131.75 feet; thence departiilg said line, North 00°15'33" West, 59.96 feet to a point on the
South line of a parcel of land recorded at Reception No. 20070027078 Larimer County
Clerk and Recorder; thence along said line, North 89°44'26" East, 98.37 feet to the
Southwest corner of a parcel of land recorded at Reception No. 20060042003 Larimer
County Clerk and Recorder; thence along said parcel the following four (4) courses and
distances, North 00°08'23" East, 20.00 feet; thence, North 89°44'27" East, 20.00 feet;
thence, North 00°00'00" East, 10.00 feet; thence, North 89°44'29" East, 15.02 feet to a
point on the West right of way line of South Taft Hill road; thence departing said line,
South 89°51'37" East, 50.00 feet to point on the East line of the Northeast Quarter of
Section 33; thence, South 00°08'23" West, 59.65 feet to the Point of Beginning.
-1-
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The above described tract of land contains 37,537 square feet or 0.862 acres, more or less.
Section 3. That the City Council hereby finds and determines that the annexation
petition for the Aweida Annexation is in substantial compliance with the Municipal Annexation
Act in that the annexation petition contains the following:
(1) An allegation that it is desirable and necessary that such area be annexed to the
municipality;
(2) An allegation that the requirements of Colorado Revised Statutes sections 31-12-
104 and 31-12-105 exist or have been met;
(3) An allegation that the signers of the petition comprise more than fifty percent of the
landowners in the area and own more than fifty percent of the area proposed to be annexed,
excluding public streets and alleys and any land owned by the annexing municipality;
(4) The signatures of such landowners;
(5) A request that the annexing municipality approve the annexation of the area proposed
to be annexed;
(6) The mailing address of each such signer;
(7) The legal description of the land owned by such signer;
(8) The date of signing of each signature; and
(9) The affidavit of the circulator of such petition that each signature therein is the
signature of the person whose name it purports to be.
Section 4. That the City Council hereby finds and determines that the annexation map,
four copies total, accompanying the annexation petition for the Aweida Annexation is in
substantial compliance with the Municipal Annexation Act in that the map contains the following:
(1) A written legal description of the boundaries of the area proposed to be annexed;
(2) A map showing the boundary of the area proposed to be annexed;
(3) Within the annexation boundary map, a showing of the location of each ownership
tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat
numbers of plots or of lots and blocks; and
(4) Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the annexing municipality and the contiguous b�undary of any
other municipality abutting the area proposed to be annexed.
-2-
Section 5. 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.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17tn
day of April, A.D. 2018.
Mayor
ATTEST:
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NOTICE
TO ALL PERSONS 1NTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted
Resolution 2018-036 initiating annexation proceedings for the Aweida Annexation, consisting of
approximately .862 acres and generally located at the southwest corner of South Taft Hill Road
and West County Road 38E, said Anriexation being more particularly described in Resolution
2018-036.
That, on June 5, 2018, 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
Low Density Mixed-Use Neighborhood ("L-M-N") 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 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Dated this 17th day of April, A.D. 2018.
�---
City Cler
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 Aweida
Annexation to the City of Fort Collins. Said area, consisting of approximately 29,698 sq.ft. (.682) acres, is
more particularly described on Attachment "A," attached hereto.
The Petitioners allege:
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.
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.
8. 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 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 LMN Zone District pursuant to the Land Use Code of the City of Fort Collins.
❑ (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:
South/West corner of Taft Hill Rd and Harmony Rd
on Attachment "A" as more particularly described below:
Individual Petitioners signing this Petition represent that they own the portion(s) of the area to be
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'A'
N WITNESS WHEROF, I/we have executed this Petition for Annexation this �� day of
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�' etitioner's/Owner's Signature Petitioner's/Owner's Signature
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Petitioner's/Owner's Printed Name/Title Petitioner's/Owner's Printed Name/Title
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Address �v� � 3� � Address
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City State Zip City State Zip
� I NORTHERN
ENGINEERING
DESCRIPTION:
A parcel of land situate in the East Half of Section 33, Township 7 North, Range 69 West of the 6th P.M.,
being more particularly described as follows:
Considering the East line of the Southeast Quarter of said Section 33 as bearing South 00°06'I 8" East and
with all bearings contained herein relative thereto:
BEGINNING at the East Quarter corner of said Section 33; thence along the East line of the Southeast
Quarter of said Section 33, said line also being the West line of the Horsetooth - Harmony West
Annexation to the City of Fort Collins as recorded at Book 1873, Page 735 Larimer County Clerk and
Recorder, South 00°06'18" East, 162.20 feet; thence departing said line, South 89°53'42" West, 30.95 feet
to a point on the West right of way line of South Taft Hill Road; thence along the South line of a parcel of
land recorded at Reception No. 20160052454 Larimer County Clerk and Recorder, South 89°53'33"
West, 152.83 feet; thence along the West line of said parcel of land, North 00°11'S0" East, 131.75 feet;
thence departing said line, North 00°15'33" West, 59.96 feet to a point on the South line of a parcel of
land recorded at Reception No. 20070027078 Larimer County Clerk and Recorder; thence along said line,
North 89°44'26" East, 9837 feet to the Southwest corner of a parcel of land recorded at Reception No.
20060042003 Larimer County Clerk and Recorder; thence along said parcel the following four (4)
courses and distances, North 00°08'23" East, 20.00 feet; thence, North 89°44'27" East, 20.00 feet;
thence, North 00°00'00" East, 10.00 feet; thence, North 89°44'29" East, 15.02 feet to a point on the West
right of way line of South Taft Hill road; thence departing said line, South 89°51'37" East, 50.00 feet to
point on the East line of the Northeast Quarter of Section 33; thence, South 00°08'23" West, 59.65 feet to
the Point of Beginning.
The above described tract of land contains 37,537 square feet or 0.862 acres, more or less, and is subject
to all easements and rights-of-way now on record or existing.
Page i of i
FORT COLLINS: 3oi North Howes Street, Suite ioo, 80521 I 970•221•4158
GREELEY: 8zo 8`h Street, 8o63i � 97o.3g5.g88o � WEB: www.northernengineering.com
ATTACHMENT "B"
STATE OF COLORADO
)ss.
COUNTY OF LARIMER
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
Subs �bed and swg�n to bef re me this _____a_ day of , , 2�,
bY l 4 1-iWe��C,.
WITNESS my hand and official seal.
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Commission Expiration
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Notary Public
KAtNY MATTtSON
Notary Public
State of Colorado
Notary Iq 19924003553
My Commission Expires Apr 2, 2020
ATTACHMENT "C"
ATTORNEY CERTIFICATION
I, � lo�vl �� �� e Y , an attorney licensed to practice in the State of
Colorado, hereby certify that, as of the date of this certificate, the signers of this Annexation Petition for
the area referred to as the ,�w�/ DA- 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.
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Date
Reg. No
Signature Attorney