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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/15/2008 - RESOLUTION 2008-002 FINDING SUBSTANTIAL COMPLIANCE ITEM NUMBER: 18 AGENDA ITEM SUMMARY DATE: January 15, 2008 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Resolution 2008-002 Finding Substantial Compliance and Initiating Annexation Proceedings for the Thorland Annexation No. 2. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY The applicants and property owners,Miles and Jennifer Thorland,have submitted a written petition requesting annexation of 5.18 acres located on the north side of Kechter Road, approximately 800 feet east of South Timberline Road. It is the southerly portion of Lot I of the Blehm Subdivision in Larimer County. The other portion of Lot I of the Blehm Subdivision is adjacent to the north of the property. The property is partially developed (with one single-family residence and outbuildings)and is in the FAl -Farming District in Larimer County. The requested zoning for this annexation is UE - Urban Estate. The surrounding properties are currently zoned FAl - Farming in Larimer County to the west, north, east, and south. This annexation request conforms with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, the Larimer County and City of Fort Collins Intergovernmental Agreements, the City of Fort Collins Land Use Code, and the Fossil Creek Reservoir Area Plan. There are no issues or known controversies associated with this annexation. BACKGROUND 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. The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins and Latimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree to consider annexation of property in the UGA when the property is eligible for annexation according to State law. This January 15, 2008 -2- Item No. 18 property gains the required 1/6 contiguity to existing City limits from a common boundary with the Thorland Annexation No. 1 (currently in the process) to the north. Planning and Zoning Board Recommendation The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its regular monthly meeting on January 17,2008, and will make its recommendation at that time. The Board's recommendation will be forwarded to the Council for First Reading of the annexation and zoning ordinances on February 19, 2008. 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I s_ � „ �b• E 1 -IIItI : 21 I, i Annexation No. 1 a ui Fr ui ------ - Annexation No. 2 v, AB36 - - --- - ---- -_. — - -1-- --�_ Thorland Annexations and Zonings No. 1 and No. 2 N VICINITY MAP 1118/07 ®City Limits 1 inch equals 300 feet RESOLUTION 2008-002 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE THORLAND NO. 2 ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, was heretofore filed with the City Clerk requesting the annexation of certain property to be known as the Thorland No. 2 Annexation; and WHEREAS,the Council ofthe Cityof Fort Collins desires to initiate annexation proceedings in accordance with law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby accepts the annexation petition for the Thorland No. 2 Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A portion of Lot 1, Blehm Subdivision, located in the southwest '/4 of section 5, township 6 north,range 68 west of the 6'PM,County of Larimer,State of Colorado, more particularly described as follows: Basis of bearing: The south line of the southwest '/< of section 5, township 6 north, range 68 west of the 6"' PM, County of Larimer, State of Colorado, is assumed to bear N89°32'56"E, with all bearings contained herein relative thereto. Commencing at the southwest corner of section 5, township 6 north, range 68 west of the 6' PM, County of Larimer, State of Colorado; Thence N89°32'56"E on the south line of the southwest '/4, of said section 5, a distance of 696.96 feet; To a point on the west line of lot 1, Blehm Subdivision and the point of beginning; Thence NOW 10'00"W, on said west line, a distance of 862.98 feet; Thence N90°00'00"E, a distance of 110.66 feet; Thence N00°00'00"E, a distance of 232.07 feet; Thence N90°00'00"E, a distance of 111.35 feet to the east line of the aforesaid lot 1; Thence S0095'17"E,on said east line, a distance of 1123.29 feet to the south right- of-way line of Kechter Road; Thence S89°32'56"W, on said south right-of-way line, a distance of 224.41 feet; Thence N00°10'00"W, a distance of 30.01 feet to the point of beginning. Containing a calculated area of 5.18 acres. Section 2. That the Council hereby finds and determines that the annexation petition and accompanying map are in substantial compliance with the Municipal Annexation Act. Section 3. That the Notice attached hereto be 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 15th day of January A.D. 2008. Mayor ATTEST: City Clerk NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolutions initiating annexation proceedings for the Thorland Annexation No. 1 and Thorland Annexation No. 2 , said Annexations being more particularly described in said Resolutions, copies of which precede this Notice. That,on February 19, 2008, 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 petitions and zoning requests for the purpose of finding and determining whether the properties proposed to be annexed meet the applicable requirements of Colorado law and are considered eligible for annexation and for the purpose of determining the appropriate zoning for the properties included in the Annexations. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Properties included in the Annexation be placed in the Urban Estate ("UE") 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 15th day of January, A.D. 2008. City Clerk