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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/19/2004 - RESOLUTION 2004-123 FINDING SUBSTANTIAL COMPLIANCE ITEM NUMBER: 17 AGENDA ITEM SUMMARY DATE: October 19, 2004 FORT COLLINS CITY COUNCIL STAFF: Bob Barkeen SUBJECT Resolution 2004-123 Finding Substantial Compliance and Initiating Annexation Proceedings for the Liebl Annexation. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY The Liebl Annexation is a request to annex and zone 2.8 acres of land located along the east side of Timberline Road, south of Kechter Road. The site contains an existing single family residence and detached garage.The parcel is designated UE—Urban Estate on the Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan. The anticipated land use is a bed and breakfast consistent with the design standards in the UE zone district. The parcel is currently zoned FAl - Fanning in Latimer County. The proposed Resolution states it is the City's intent to annex this property and directs that the notice required by State Statutes be given of the Council's hearing to consider the annexation ordinance. The public hearing for the annexation ordinance must occur no less than 30 days and no greater than 60 days from adoption of the Resolution finding compliance with State Statutes. BACKGROUND This property is eligible for annexation according to the Colorado Annexation Act,which requires 1/6 contiguity to the existing city limits. The Liebl Annexation complies with this standard since the property has 347 feet of the total 1,947 contiguous to the existing city limits. This meets the minimum 325 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the property to the east(across Timberline Road) of the parcel 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 (last amended November 2000),the City will pursue the annexation of land into the City of Fort Collins when such lands are eligible for annexation according to Colorado Revised Statutes (CRS). October 19, 2004 -2- Item No. 17 The property is currently zoned Farming (FAl) District in Larimer County. The City's adopted Structure Plan, a part of City Plan, designates the site as Urban Estate. The Planning and Zoning Board Hearing The Planning and Zoning Board is scheduled to consider this annexation at its October 21, 2004 meeting. The recommendation of the Planning and Zoning Board will be included in the Agenda Item Summary for the first reading of the annexation ordinance on December 7, 2004. RESOLUTION 2004-123 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE LIEBL 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 Liebl Annexation; and WHEREAS,the Council of the City ofFort 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 Liebl Annexation,more particularly described as situate in the County of Larimer, State of Colorado, to wit: That portion of the Northwest Quarter of Section 8, and the Northeast Quarter of Section 8, Township 6 North, Range 68 West of the 6' P.M., Larimer County, Colorado, being more particularly described by the following boundary lines: commencing at the Northwest corner of said Section 8;thence S 00' 00'00"E,along the West line of the Northwest Quarter of said Section 8, 861.68 feet; thence N 89°41'30"E 30.00 feet to the TRUE POINT OF BEGINNING; thence continuing N 89'41'30"E 20.00 feet;thence S 00'00'00"E,along the Easterly right-of-way line of Timberline Road as dedicated on the plat of Liebl M.R.D. 95-EX0652, 205.16 feet; thence N 89°41'30"E along the Northerly line of Lot 2 of said Liebl M.R.D., 438.34 feet; thence S 00°00'00" E, along the East line of said Lot 2, 240.84 feet to the Southeast corner of Lot 2,Liebl M.R.D.;thence S 89°41'30"W 518.34 feet to a point on the Westerly right-of-way line of Timberline Road;thence N 00'00'00"W 189.64 feet to a point on the approximate centerline of the Mail Creek Ditch, said point also being on the Southerly line of the Willow Springs Annexation; thence along said line S 52'I l'00"E 37.98 feet;thence N 89'41'30"E 30.00 feet to a point on the West line of the Northwest Quarter of said Section 8,said point also being the most Southeasterly corner of the Willow Springs Annexation;thence along said line N 00'00'00" W 279.73 feet, more or less, to the POINT OF BEGINNING, containing 2.864 Acres,more or less,and being subject to any easements,rights-of- way or restriction now existing or on record. 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 apart 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 19th day of October, A.D. 2004. Mayor ATTEST: City Clerk 2 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 Liebl Annexation,said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That,on December 7,2004, 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 "UE" Urban Estate 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 24th day of October, A.D. 2004. City Clerk L N L—E'06UNT� KOhX3d---- BACON ELEMENTARY Z€PKYt2-RO EPEE[] E10�oo�o 0 0�00�0DI0�00 _. _ __ . #11 -04 Liebl Annexation and Zoning 4/28/04 N Type II (LUC) 1 inch : 600 feet