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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/03/2000 - RESOLUTION 2000-122 FINDING SUBSTANTIAL COMPLIANCE AGENDA ITEM SUMMARY ITEM NUMBER: 23 DATE: October 3, 2000 FORT COLLINS CITY COUNCIL FROM: Troy Jones SUBJECT: Resolution 2000-122 Finding Substantial Compliance and Initiating Annexation Proceedings for the Irish Elementary School Second Annexation. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: This is for a 100% voluntary annexation. The property being considered for annexation is approximately 12.6 acres in size at the northwest corner of Irish Drive and Cherry Street. The existing use is an elementary school. The proposed zoning district is Low Density Mixed-Use Neighborhood (LMN). The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on November 21, 2000. Not less than thirty days prior published notice is required by State Law. PROJECT DESCRIPTION: This is the second phase of a two phase sequential annexation for the Irish Elementary School. The Irish Elementary Second Annexation consists of approximately 12.6 acres of land within the Vine Drive right-of-way. This application,together with the Irish Elementary School First Annexation, will be a total of approximately 13.1 acres of land and consists of the existing Irish Elementary School property,the adjacent street right-of-way of Cherry Street and Irish Drive,the portion of Irish Drive north of the school site,and the portion of East Vine Drive from Irish Drive roughly 1040 feet to the east. The property is located within the Fort Collins Urban Growth Area(UGA). 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 consider annexing property within the UGA when the property is eligible for annexation according to Colorado Revised Statutes (CRS). The CRS requires 1/6 of the property to be contiguous with the existing City limits.As proposed, 1,420.00 feet of approximately 7,061.37 feet of the total property boundary is contiguous to the existing City limits. This exceeds the minimum 1,176.89 feet required DATE: October 3, 2000 2 ITEM NUMBER: 23 to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Irish Elementary School First Annexation. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins as contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area.The area meets all criteria included in Colorado Revised Statutes to qualify for a voluntary annexation to the City of Fort Collins.The requested zoning of Low Density,Mixed-Use Neighborhood District(LMN)is in conformance with the policies of City Plan and is consistent with the Structure Plan. The property to be annexed is owned by Poudre School District(the school grounds), and Latimer County (the street right-of-ways). Planning and Zoning Board Hearing The Planning and Zoning Board voted 5-2 to recommend approval of Irish Elementary School Second Annexation on September 7, 2000. . NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a Resolution initiating annexation proceedings for the Irish Elementary School Second Annexation, said Annexation being more particularly described in said Resolution,a copy of which precedes this Notice. That,on November 21,2000,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 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. At such hearing, any persons may appear and present such evidence as they may desire. 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 for assistance. Dated this3rd day of October, A.D. 2000. City Clerk • . RESOLUTION 2000-122 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE IRISH ELEMENTARY SCHOOL SECOND 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 Irish Elementary School Second Annexation; and WHEREAS,the Council of the City of 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 Irish Elementary School Second Annexation, more particularly described as situate in the County of Latimer, State of Colorado, to wit: A TRACT OF LAND SITUATE IN THE NORTHEAST 1/4 OF SECTION 9, • TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M., COUNTY OF LARIMER, STATE OF COLORADO, WHICH, CONSIDERING THE NORTH LINE OF SAID NORTHEAST 1/4 AS BEARING N89°40'30"W AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT ON THE BOUNDARY OF IRISH FIRST ANNEXATION WHICH IS ALSO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WEST VINE DRIVE WHICH BEARS N89`4030"W 1031.95 FEET,AND AGAIN SOO'1330"W 30.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 9, AND RUN THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE,N89'4030"W 720.49 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF IRISH DRIVE; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE,SOO°0I W"B 1333.09 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF CHERRY STREET;THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE,N 89°4030"W 280.32 FEET,AND AGAIN ALONG THE ARC OF A 130.00 FOOT RADIUS CURVE TO THE RIGHT A DISTANCE OF 38.65 FEET, THE LONG CHORD OF WHICH BEARS N81°0930"W 38.51 FEET, AND AGAIN N72°3830"W 105.15 FEET, AND AGAIN ALONG THE ARC OF A 70.00 FOOT RADIUS CURVE TO THE LEFT A DISTANCE OF 20.81 FEET, THE LONG CHORD OF WHICH BEARS N81'0930"W 20.73 FEET, AND AGAIN N89'4030"W 179.94 FEET; THENCE N00°4340"W 754.63 FEET; THENCE S89°4030"E 568.54 FEET; THENCE NOO'OI100"W 599.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WEST VINE DRIVE; THENCE ALONG SAID NORTH RIGHT-OF- WAY LINE,S89'4030"E 1040.75 FEET TO A POINT ON THE BOUNDARY OF IRISH FIRST ANNEXATION; THENCE ALONG THE BOUNDARY OF IRISH FIRST ANNEXATION, S88°16'40"W 839.83 FEET, AND AGAIN S86'42'40"E 580.17 FEET TO THE POINT OF BEGINNING,CONTAINING 12.6451 ACRES, MORE OR LESS. 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 an annexation ordinance 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 3rd day of October, A.D. 2000. . 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