The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/16/2021 - RESOLUTION 2021-035 FINDING SUBSTANTIAL COMPLIANCE Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY March 16, 2021 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Resolution 2021-035 Finding Substantial Compliance and Initiating Annexation Proceedings for the Gil Boyer Annexation. EXECUTIVE SUMMARY The purpose of this item is to initiate annexation proceedings for the Gil Boyer Annexation. This is a voluntary annexation initiated by the property owner. The property contained within the annexation area is approximately 9,800 square feet and is located at 241 North Taft Hill Road, approximately 475 feet northwest of the intersection of Laporte Ave and North Taft Hill Road. The proposed zoning for this annexation is Low Density Mixed Use Neighborhood (L-M-N). The proposed Resolution makes a finding that the annexation petition substantially complies with the Municipal Annexation Act of 1965, determines that a hearing should be established regarding the annexation, and directs notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and zoning ordinances, and notice will be published and distributed as required by State law. 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. 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 Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This is a voluntary annexation of a single 9,800 square foot lot located within the Fort Collins Growth Management Area (GMA). According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreement (IGA) regarding Growth Management dated June 24, 2008, as amended (IGA), the City agrees to consider annexation of property in the GMA when the property becomes eligible for annexation under the Colorado Revised Statutes. The Gil Boyer Annexation gains the required contiguity to existing city limits from three common boundaries with the Sanctuary on the Green Annexation (2018) and satisfies the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing municipal boundary. The proposed annexation is part of an enclave. However, the enclave is not part of any immediate plans for unilateral annexation by the City. Agenda Item 19 Item # 19 Page 2 CITY FINANCIAL IMPACTS There are no financial impacts associated with the Initiating Resolution for the annexation and zoning of the Gil Boyer Annexation. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing for the annexation and zoning on April 1, 2021. The Board’s recommendation will be forwarded to Council as part of the First Reading of the annexation and zoning ordinances on May 4, 2021. PUBLIC OUTREACH The City of Fort Collins Land Use Code and the Colorado Revised Statutes do not stipulate that a neighborhood meeting be held in conjunction with a voluntary annexation, therefore, a neighborhood meeting was not held. ATTACHMENTS 1. Location and Zoning Map (PDF) 2. Annexation Petition (PDF) 3. Ownership and Encumbrance Report (PDF) 4. Annexation Map (PDF) GRANDVIEWCEMETERY POL LMN GIL BOYER ANNEXATIONVICNITY & ZONING MAP ± LAPORTE AVE N TAFT HILL RDPENNSYLVANIA STSITE ATTACHMENT 1 ATTACHMENT 2 H~ Heritage . I '-Title company TITLE DEPARTMENT-DELIVERY TRANS MITT AL 8055 E Tufts Ave, Suite 300 Denver, CO 80237 M.lring T121W1Crio .. Pe'*'AAI A Commonwealtti ,. warm•~Anr'I' (303) 476-5800 Fax: OWNERSHIP AND ENCUMBRANCE REPORT Date: August 31, 2020 Effective Date: August 26, 2020 0 & E Order Number: H0615591 Schedule No.: Vesting: Vesting Deed Info.: Property Address: Legal Description: R0147524 Gilbert G. Boyer Warranty Deed 11/2/1970 Book 1445 Page 455 and Death Certificate for Loretta J. Boyer 12/6/2017 (copy not available online) 241 North Taft Hill Road, Fort Collins, CO 80521 See Warranty Deed recorded November 2, 1970 in Book 1445 at Page 455, Excepting that portion contained in Deed of Dedication recorded May 31, 2006 at Reception No. 20060040423. Encumbrances: None NOTE: This information is for your sole use and benefit and is furnished as an accommodation. The information has been taken from our tract indices, without reference to, or examination of, instruments which purport to affect the real property. The information is neither guaranteed nor certified, and is not an Abstract of Title, Opinion of Title, nor a Guarantee of Title, and our liability is limited to the amount of the fees. oande ATTACHMENT 3 STATE HUIEllJMY Fill ''·.' 'oN••:;:·_ ~. Gimirot Larimer ~., .......... and State of . GILBgRT G. BOYER and LORETTA J. BOYER of,tliii ·., ·. . •· 0...111 Larimer lllldStateofColondo,ofth .. eeo.-ulpan: · .WlfMiiiliaiiiO .......... tutie s of IM ftnt part, for and ill eonaideratlon of the ai:m Of ... T~n . Dollars and other valuable consideration. W1tr "°-~-~es ·:·_, ...... ,.re 1n hlllld pUI w· .... •kt,."'"' o1 u.. .~ .... d ""rt. .... -i,e ..... ~ •• ll•lllii;•...._..lllill ¢ '1 II ', uve lll'Utlld. liusalned. 1old and eollve)'ed, and b)' \hue p-tl do 1riaut. ............. , .... .., ..... •unn"" untu th• .. s.1 ....... a.. of U111. •G<"""d rnrl .• th,..ir ltfllrA •nd ""ll'M fnrner. not la...._. .. _ bat la Jetn& t.IDlncp, all lb• tullowlas cl.ae•i~•d Jut or 1•...-<cl yf l•ud, oll.,.'9, lyl"ll ••Ml billsla•. .ea.trot Larimer and Stlteot Colo.ado, to wit: ',,· · .... Ci?nsldering the East line of the NE~· of Section ?, . Toimship 7 :~orth, Ra~.g~~69J4.est ~f the 6th P.M., as bearir!b ~:. oo::i10;t 1 :!:. and with all bear.bigs. herein relative thereto: Begi!-ini~p; at a point on the West · ine of. ~he CoUrity ' Road right of way, which point bears :~. 00010~1 s. 520. 78 feet and again ~:. 89°38 • W. JO feet from the E~ corner of sai Sectt·on 9, thence N. a903a 1 w. 150 f'eet t<:ence t:. 0001.:i~· E. 70 feet thence S. a9°J8' E. 150 feet ·to said ri;-;ht of way line, thence.s. OQ910i' .w •.. 70 feet to the point of be,~im1i~g; · ...... · . '-'\ .. ~ ':: .. · ... :· 1*1ii;ia: ...... ea ~ 8lmplar tb lllndltammta ud appu..--thenunt.o ......-. or la llQWflle .:Vf:l:L:t:~t;4>-=:...-=:.: :-::: =~=-°'-:.D:!tl.:::;_ U: :.::: ··-S;·~QJ;'ti:e~·iiimmc -p.reilllleii, wliJa tlle bereditamenta aad appurte-. .. : •.-·" ' ·· · --.... :·:~llle.W ....._abqft llU' .. illed and claeribed, with tile~ 11Atod1uald : -,. _ ....... "*' U4 .-... '-· And the l&ld part i es of die tint .-rt. tor t:h".lm ./t,, l.iW.~-~ ~ .... llllmhWllator... -t, put, barsaln u4 ..-to ... wltla tlla · · ·.-· 'tliiii ·-.... llift. tWr Hu. ... .-.... tllat at the time of the -1lDS ucl dell"" of~ ,_ ~:;;,:-...: ·r-.. ., ... ,_._ ..... _,.., u of IOOd. ...... perfeet, iibeot• ..... ~ . · ... .,,,,, .. ,,bi:i!n,~·1a1eee1mp1e._.11ave sood rtPat. f1IIl .,_and lawflll ......... to put,._ -~:lii(!M!t·:...,.W ·.-:-.. Ill-.,...,. .. ...,. ,_ .r-•l.t, a11d U>Rt tlui ........ ..., free and ei.r "'°"' aU '""".,. :.tiiiail'~liiiiiillii;........_..a-.u... .._ __ ta allll e.11Cunib-pf wba'4rfc "1nd •• .,..,.~ l!Yft••· EXQep-i;:--;.~ase11119nt:s-, -resel'va-&1on1>, ana. res i:rim;ions:; 01 recoI'u u ar:y; exoep,t ';ane:re.l"taxe$ for 1970 and subseouent ;zee.rs and a first loan ~A~~i"~:~~~ede:a1 Savin&s and Loan Associa ... ion which buyers agreq <:. .., ,. ... :x: ]J ... 'f'Y_, .......... __. .. .,....... oi .... -.. pudaa °' ........ put, dialr · · ·' · · •iiiilil$:1B:•..., ,._ • ,._ lnfllllF elalmbasor to elalm tile whole or_, put thnof, rtli ·~ea:, ~:· .. tut IW 11114 wtll WA&MNT AND FOllEVU DEFEND. . • :'?ili~W~i ..... • ... IUI tut ies cii 6.tlnt puUave hlnaatult t~. ud !,~~x~~'.~~~~._.......... . /2 e/ ~ .¢~ . ~ . .............. ili\l~la ... .,._., ...:.L. ... _ ........................... 1•-!»-""'--.:-~-(RALJ }a ,_ ............ .., __ WI ~ 9 c( ;..., o~J.-/. S~ill and Brenda G. Still July 6 i • f ! • i l· ;i! i • .. j~.f ~ • I • f I ! I • . i i a:H f ! l ~ ~ i 0 ~ !~! ! ._, • ~ ; i lii j~~ t• : ~ .. • ~ ~.~ !q• : .. ! , l i n i • E ! • 's 1•·! • ! • i ' I f'u Ji?:!§ ii l II f ti ·i~i .. ' f ~ J ! i !~I i jf I i " i I• :1 ! •.. i j z ' i. ~m ~f O_t ' ~~} ' ~~ ! ., ! i I ~ • i! •• i i H • ~ 5~!it: !~~~ e i I n :~ H ' !~ !' !: ~I fa HI' , . f u i i ri B ! !j J m1 fid m i f . ~ 61 !f • • • a.fl iii • oo i! . i i I' ~ I Hi i ~ 1 II i • .. • •! f I"' .j!, t~i ' 1! i i h !' ~· i i: ! r" !H { I ' it" i i 'l ~ •l Hj. t~H ~ll ' ~~~ ... • ;~ E 5• E ~ .Jn ii~ i i ,j ~ ii !i i ·' ~ • d s .! s., i iW Hi i f I~ ~ •• f m1 !"'; I iH l H 8 8 ,• l ~H ;~; ~ .. .. .I ~ ~ !i 8 i' i ' JH ~ ~ <l •• i·i i i n ii Hi all ll ·~· ji: l ~! I ~Ii Hi {p l !~ j ~ ~ HJ .. .-!;! ii . .. l Ii .§~8 flo ,, .tiz: iii •• iii ' I• H H: tH l t' ii ''! lf ii' 1•! l .. 1H 1h I d h ., ~,. .. ~· ! !1 : ! =· .. ! h j! I ~i ~ u ll! l! n ! i ~it Sf} . ~' ~~ H h· •" H ~ej ti•I u !~~ i1H li :lf u rn iE u~ ;HI " ATTACHMENT 4 -1- RESOLUTION 2021-035 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE GIL BOYER ANNEXATION WHEREAS, a written petition, together with four prints of an annexation map, has been filed with the City Clerk requesting the annexation of certain property to be known as the Boyer Annexation, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the Boyer Annexation in accordance with 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 Boyer Annexation, located at 241 North Taft Hill Road, approximately 475 feet northwest of the intersection of Laporte Avenue and North Taft Hill Road and more particularly described as situate in the County of Larimer, State of Colorado, to wit: A portion of the southeast quarter of the northeast quarter of Section 9, Township 7 North, Range 69 West of the 6th Principal Meridian, County of Claimer, State of Colorado, being described as follows: The east line of the northeast quarter of Section 9, Township 7 North, Range 69 West of the 6th Principal Meridian, assumed to bear N00°37'22"E. Commencing at the east quarter corner of Section 9, Township 7 North, Range 69 West of the 6th P.M., Thence along the east line of the northeast quarter of said Section 9, N00°37'22"E a distance of 520.78 feet; Thence departing said section line, N89°11'08"W a distance of 40.00 feet, to a point on the easterly right of way of North Taft Hill Road, said point being the Point of Beginning; Thence N89°11'08"W a distance of 140.00 feet to the east line of Sanctuary on the Green Annexation; Thence N00°37'22"E, along the east line of said Sanctuary on the Green Annexation, a distance of 70.00 feet; Thence S89°11'08"E, along the south line of said Sanctuary on the Green Annexation, a distance of 140.00 feet to the aforesaid easterly right of way line; Thence S00°37'22"E a distance of 70.00 feet along said easterly right of way line to the Point of Beginning. -2- Containing a calculated area of 0.225 acres, more or less. Section 3. That the City Council hereby finds and determines that the annexation petition for the Boyer 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 Boyer 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 -3- (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 held this 16th day of March, A.D. 2021. __________________________________ Mayor ATTEST: ____________________________ City Clerk NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2021-035 initiating annexation proceedings for the Gil Boyer Annexation, consisting of approximately 0.225 acres and generally located at 241 North Taft Hill Road, and said Annexation being more particularly described in Resolution 2021-035, a copy of which is available from the City Clerk’s Office. The area to be annexed is more particularly described as: A portion of the southeast quarter of the northeast quarter of Section 9, Township 7 North, Range 69 West of the 6th Principal Meridian, County of Claimer, State of Colorado, being described as follows: The east line of the northeast quarter of Section 9, Township 7 North, Range 69 West of the 6th Principal Meridian, assumed to bear N00°37'22"E. Commencing at the east quarter corner of Section 9, Township 7 North, Range 69 West of the 6th P.M., Thence along the east line of the northeast quarter of said Section 9, N00°37'22"E a distance of 520.78 feet; Thence departing said section line, N89°11'08"W a distance of 40.00 feet, to a point on the easterly right of way of North Taft Hill Road, said point being the Point of Beginning; Thence N89°11'08"W a distance of 140.00 feet to the east line of Sanctuary on the Green Annexation; Thence N00°37'22"E, along the east line of said Sanctuary on the Green Annexation, a distance of 70.00 feet; Thence S89°11'08"E, along the south line of said Sanctuary on the Green Annexation, a distance of 140.00 feet to the aforesaid easterly right of way line; Thence S00°37'22"E a distance of 70.00 feet along said easterly right of way line to the Point of Beginning. That, on May 4, 2021, 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 21st day of March, A.D. 2021. _______________________________ City Clerk EXHIBIT A