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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/20/2005 - RESOLUTION 2005-104 FINDING SUBSTANTIAL COMPLIANCE ITEM NUMBER: 21 AGENDA ITEM SUMMARY DATE: September 20, 2005 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Resolution 2005-104 Finding Substantial Compliance and Initiating Annexation Proceedings for the Minatta Annexation. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY The applicant, John Minatta, on behalf of the property owners, John Minatta, Al Minatta, Sam Minatta, and Evelyn Minatta, has submitted a written petition requesting annexation of 35.829 acres located on the west side of Overland Trail, at the southwest corner of the Overland Trail - West Elizabeth Street intersection. The property is partially developed, containing one existing single-family residence and a portion of the existing Fort Collins-Loveland Water District Pump Station. It is in the FA-I Farming District in Larimer County. The requested zoning for this annexation is LMN - Low Density Mixed-Use Neighborhood and RF - Residential Foothills. The surrounding properties are currently zoned FA-1 Farming in Larimer County to the north, LMN - Low Density Mixed-Use Neighborhood in the City to the east, RL - Low Density Residential in the City to the south, and RF—Residential Foothills in the City to the west and the south. 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 Growth Management Area (GMA). According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins GMA, the City will agree to consider annexation of property in the GMA 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 Overland Trail Annexation (September, 1994) to the west and south, the Fort Collins Substation Annexation (May, 1989) to the east, and the Fort Collins-Loveland Water District Pump Station Annexation (April, 1989) to the south. September 20, 2005 -2- Item No. 21 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 October 20, 2005, 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. ATTACHMENTS 1. Vicinity Map r A LMN W ELIZA IETH ST D PEA RL Q POL q mao @C3 _ #36-05 Minatta Annexation & Zoning 9"'2005 N 1 inch equals 600 feet A RESOLUTION 2005-104 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE MINATTA 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 Minatta 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 Minatta Annexation, more particularly described as situate in the County of Larimer, State of Colorado,to wit: A parcel of land located in the Southeast Quarter(SE 1/4)of Section Seventeen(17), Township Seven North (T.7N), range Sixty-nine West (R.69W.) of the Sixth Principal Meridian(6th P.M.),County of Larimer,State of Colorado and being more particularly described as follows: COMMENCING at the East Quarter Corner(El/4)of said Section 17 and assuming the North line of said SE 1/4 to bear South 85°25'09"West a distance of 2651.92 feet with all bearings here in relative thereto: THENCE South 85°25'09" West along said North line a distance of 30.40 feet to a point on the West line of the Fort Collins Substation Annexation as recorded May 26, 1989 as Reception No. 89023302,said point being the POINT OF BEGINNING; THENCE South 00*31'30"West along the West line of said Fort Collins Substation Annexation,also being the West line of Fort Collins-Loveland Water District Pump Station Annexation as recorded April 17, 1989 as Reception No. 89016100, extended, a distance of 597.90 feet; THENCE North 85'25'38" East along the Northerly line of said Fort Collins- Loveland Water District Pump Station Annexation, also being the North line of Overland Trail Annexation as recorded November 10, 1994 as Reception No. 94090903, extended, a distance of 2621.45 feet to the West line of said SE1/4; THENCE North 00*31'16" East along said West line, said line also being the East line of said Overland Trail Annexation a distance of 597.53 feet to the Center Quarter Corner of said Section 17; THENCE North 85°25'09" East along said North line of said SE1/4 distance of 2621.52 feet to the POINT OF BEGINNING. Said parcel contains 35.829 acres more or less (t). 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 20th day of September, A.D. 2005. 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 Minatta Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That,on November 2,2005, 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 "LMN" Low Density Mixed Use Neighborhood Zone District and the "RF" Residential Foothills 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 20th day of September, A.D. 2005. City Clerk