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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/07/2004 - RESOLUTION 2004-102 FINDING SUBSTANTIAL COMPLIANCE ITEM NUMBER: 17 AGENDA ITEM SUMMARY DATE: September 7, 2004 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Resolution 2004-102 Finding Substantial Compliance and Initiating Annexation Proceedings for the College and Trilby Annexation. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY The applicant, Hunt Douglas Real Estate Services, on behalf of the property owners, COL College and Trilby, LLC, has submitted a written petition requesting annexation of 5.76 acres located at the northwest corner of State Highway 287 (South College Avenue) and Trilby Road. The property is partially developed, containing one vacant building and parking. There is an undeveloped building pad site on the property. The requested zoning for this annexation is NC — Neighborhood Commercial. The surrounding properties are currently zoned C - Commercial in Latimer County to the south and east and NC — Neighborhood Commercial in the city to the west and the north. 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 property gains the required 1/6 contiguity to existing city limits from common boundaries with the Timan First Annexation (June, 1988) to the west and 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 September 16, 2004, and will make its recommendation at that time. The Board's recommendation will be forwarded to the City Council in time for first reading of the annexation and zoning ordinances. RESOLUTION 2004-102 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE COLLEGE AND TRILBY 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 College and Trilby 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 College and Trilby Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A parcel of land being part of the Southeast Quarter(SEl/4)of Section Eleven(11), the Southwest Quarter (SW1/4) of Section Twelve (12), the Northwest Quarter (NW1/4) of Section (13), and the Northeast Quarter (NEl/4) of Section Fourteen (14), Township Six North (T.6N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Latimer, State of Colorado, and being more particularly described as follows: COMMENCING at the Southeast(SE)corner of said Section 11 assuming the East Line of the SEl/4 of said Section as bearing North 00°40'19" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2646.18 feet with all other bearings contained herein relative thereto: THENCE South 00°14'49" East along the East line of the NE1/4 of said Section 14 a distance of 40.69 feet to the POINT OF BEGINNING; THENCE South 89°14'30" West a distance of 49.83 feet to the West Right-of-Way (ROW) line of Highway #287 (also known as College Avenue);THENCE North 00°29'19" West along said West ROW line a distance of 10.00 feet to the South ROW line of Trilby Road; THENCE South 88°27'35"West along said South ROW line a distance of 369.89 feet to the East line of Timan First Annexation; THENCE North 00°40'19" West along the East line of said Timan First Annexation a distance of 531.00 feet to the South line of said Timan First Annexation;THENCE North 88°27'35" East along said South line and along the Easterly prolongation of said South line a distance of 471.35 feet to the East ROW line of Highway#287 also being the West line of Kel-Mar Strip Subdivision recorded under Reception Number 913846 in the Records of Larimer County;THENCE South 00°30'57"East along the said East ROW line as defined by said Kel-Mar Strip Subdivision, Book 1059 Page 402,and Book 1066 Page 184 of the Records of Larimer County a distance of 542.39 feet,to the South ROW line of Trilby Road,said line also being the North line of the Southland At Trilby Heights Subdivision Filing No 1 recorded under reception number 99031585 on April 13, 1999;THENCE South 89°14'30" West a distance of 50.17 feet to the POINT OF BEGINNING; Said parcel of land contains 5.761 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 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 7th day of September, A.D. 2004. Mayor ATTEST: City Clerk 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 College and Trilby Annexation,said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on October 19, 2004, 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 "NC" Neighborhood Commercial 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 7th day of September, A.D. 2004. City Clerk •'Ltllj, ��i:� i I NINE NEON rp ■ �_ IN INN MINIONE �■ 14 Ins III ■� Aom 11 ��i■ F.-LT 111111�. , go m 1 off 0