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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/06/2001 - RESOLUTION 2001-137 FINDING SUBSTANTIAL COMPLIANCE AGENDA ITEM SUMMARY ITEM NUMBER: 18 DATE: November 6, 2001 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT: Resolution 2001-137 Finding Substantial Compliance and Initiating Annexation Proceedings for the Paradigm Annexation. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: The applicant, Hattman Associates, on behalf of the property owner, Paradigm Properties, LLC, has submitted a written petition requesting annexation of 16.29 acres located south of East Prospect Road, west of McLaughlin Lane, and east of Interstate 25. The property is largely undeveloped except for the Fort Collins Motorsport retail operation (motorcycles, ATV's, 40 snowmobiles, and ski-door) at the southwest comer of the site. The requested zoning for this annexation is C—Commercial. The surrounding properties are zoned C - Commercial in Larimer County to the south and east and C—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 Larimer 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 Highway I-25 Second Annexation (September, 1989) to the west and the Interstate Associates Annexation(August, 1989)to the north. Planning and Zonina Board Recommendation The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its regular monthly meeting on November 1, 2001, 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 2001-137 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE PARADIGM 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 Paradigm 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 Paradigm Annexation, more particularly described as situate in the County of Larimer, State of Colorado,to wit: A TRACT OF LAND SITUATE IN THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M., LARIMER COUNTY,COLORADO, WHICH CONSIDERING THE NORTH LINE OF THE SAID NORTHWEST 1/4 AS BEARING S 89°59'00"E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT ON THE SOUTH LINE OF EAST PROSPECT STREET WHICH BEARS S 89°59'00" E 1199.65 FEET, AND AGAIN S15°36'00"W 51.91 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 22 AND RUN THENCE S89°59'00"E 132.55 FEET ALONG THE SOUTH LINE OF EAST PROSPECT STREET; THENCE S00`00'00"E 27.95 FEET THENCE S89°59'00"E 27.06 FEET TO A POINT ON THE CENTERLINE OF THE SAND DIKE DITCH; THENCE ALONG THE APPROXIMATE CENTERLINE OF SAND DIKE DITCH, S 15°16'00"W 1035.05 FEET; THENCE N90'00'00"W 971.76 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAYNO. 25; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE N06`13'00"E 211.40 FEET, AND AGAIN N18-21'30"E 458.46 FEET THENCE S89°59'00"E 810.90 FEET; THENCE N15°36'00"E 396.08 FEET TO THE POINT OF BEGINNING, CONTAINING 16.1469 ACRES MORE OR LESS AND BEING SUBJECT TO A 15 FOOT WIDE EASEMENT FOR THE SAND DIKE DITCH AND A 60 FOOT WIDE ACCESS ROAD ADJACENT TO THE WEST LINE OF THE SAND DIKE DITCH AND TO A 15 FOOT UTILITY AND IRRIGATION EASEMENT ADJACENT TO INTERSTATE HIGHWAY NO. 25 AND ALSO ALONG THE NORTH LINE THEREOF. Section 2. Thatthe 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 6th day of November, A.D. 2001. 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 Paradigm Annexation,said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That,on December 18,2001,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 (TDD 224-6001) for assistance. Dated this 6th day of November, A.D. 2001. City Clerk E UE ' C C .. .. RC i I i OUT - cq E N • VICINITY MAP 08/21/01 - #29-01 Paradigm Properties Annexation & Zoning Type 11 ( LUC) 1"=600'