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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/03/2009 - RESOLUTION 2009-023 FINDING SUBSTANTIAL COMPLIANCE ITEM NUMBER: 11 AGENDA ITEM SUMMARY DATE: March 3, Zoos FORT COLLINS CITY COUNCIL STAFF: Emma McArdle SUBJECT Resolution 2009-023 Finding Substantial Compliance and Initiating Annexation Proceedings for the Mountain View School Second Annexation. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY The applicant, Vignette Studios, on behalf of the property owner, Poudre School District, has submitted a written petition requesting annexation of 1.46 acres located on the north side of LaPorte Avenue,midway between North Taft Hill Road(to the east)and North Overland Trail(to the west). The property is partially developed as a Poudre School District parking lot and is in the FA,Farming District in Larimer County. The requested zoning for this annexation is LMN,Low Density Mixed- Use Neighborhood. The surrounding properties are currently zoned RL, Low Density Residential in the City to the south and LMN, Low Density Mixed-Use Neighborhood in the City to the west, east, and north. Existing Poudre School District facilities are to the west and south; and, property to the east and north are undeveloped; however, the Sanctuary West residential development . proposal is under review by the City. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, the Larimer County and City of Fort Collins Intergovernmental Agreements, and the City of Fort Collins Land Use Code. There are no issues or known controversies associated with this annexation. BACKGROUND 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, scheduled for April 21, 2009. Not less than thirty days of prior notice is required by State law. March 3, 2009 -2- Item No. II 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 Vine-LaPorte-Taft Annexation (September, 1982) to the north and east; and, the Mountain View School Annexation (May, 1998) to the south ,and west. Although this is a 100% voluntary annexation, the property has been "enclaved" (completely surrounded by City limits) since the approval of the Mountain View School Annexation in 1998. 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 March 19, 2009, and will make its recommendation at that time. The Board's recommendation will be forwarded to Council in time for first reading of the annexation and zoning ordinances, scheduled for April 21, 2009. ATTACHMENTS 1. Vicinity Map. 2. Structure Plan Map (partial of the surrounding area). 3. Zoning Map (partial of the surrounding area). ATTACHMENT 1 I IRISH ELEMENTARY I CHERRY ST LU m m - - w Ir 0 Q fn J 1; z W Proposed Z Annexation AreaCn - , LAPORTE AVE - — - I W LA w PSD ADMIN a a -- - — _ _ Cn Legend ' - T Al City Limits Schools ' ® Annexation Area N POUDRE SR HIGH Free 10, ell uU, -- U) - 1 �- - - - - - , N # 3 - 09 Mountain View School 1127109 A Second Annexation and Zoning 1 inch equals 300 feet - m � - - .� _ mill ■ ■ Jim � ■ ' \ fir , � � ■ 0 ■ LTAAL . , ►�► :Rr3 P::r, IR I , , alst , DI ■ ELI -� S ELIloll cityof CITY OF FORT COLLINS ATTACHMENT 3N tf JL ZONING E Mountain View School Second Annexation S � Q � cn � z E SITE M z orte Ave . a) milli _N C6 L O =3 CnCn U) zU m 2 W. Oak St . e • Im al W . Olive W. OI ve o Cir. Ct , St , W. W odford M Ct , W. M gnolia E Ct . u) W. Mulberry S . rr Myrtle Ct , Legend 1 inch = 500 feet Annexation Site City Zoning = Public Open Lands CD J City Limits Low Density Mixed-Use Neighborhood = Low Density Residential Streets RESOLUTION 2009-023 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE MOUNTAIN VIEW 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 Mountain View School Second Annexation; and WHEREAS,the City Council 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 City Council hereby accepts the annexation petition for the Mountain View School Second Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A parcel of land situate in the North Half of Section 9, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, Larimer County, Colorado, more particularly described as follows: COMMENCING at the Center Quarter Corner of said Section 9 and assuming the South line of the Northeast Quarter of said Section 9, as bearing North 89'11'40" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone,North American Datum 1983/2007, a distance of 2611.17 feet with all other bearings contained herein relative thereto: The lineal dimensions as contained herein are based upon the "U.S. Survey Foot." THENCE North 00018'20" East a distance of 30.00 feet to the Intersection of the North Right of Way line of Laporte Avenue and the Easterly line of Mountain View School Annexation, recorded May 21, 1998 as Reception No. 19980041865 of the Records of Larimer County, said point being the POINT OF BEGINNING; THENCE North 00018'20" East along the Easterly line of said Mountain View School Annexation a distance of 264.90 feet to the Southerly line of Vine-Laporte- Taft Annexation, recorded September 16, 1982 at Book 2185, Page 543, Reception No. 472940 of the Records of Latimer County; The following Two (2) courses and distances are along the Southerly and Westerly lines of said Vine-Laporte-Taft Annexation: THENCE South 89'11'40" East a distance of 240.00 feet; THENCE South 0098'20"West a distance of 264.90 feet to the North Right of Way line of Laporte Avenue, said Right of Way line also being a Northerly line of said Mountain View School Annexation; THENCE North 89011'40" West along the Northerly line of said Mountain View School Annexation a distance of 240.00 feet to the POINT OF BEGINNING. Said described parcel of land contains 63,573 Square Feet or 1.459 Acres, more or less (f). Section 2. That the City 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 is hereby 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 this 3rd day of March A.D. 2009. 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 Mountain View School Second Annexation, said Annexation being more particularly described in said Resolution,a copy of which precedes this Notice. That, on April 21, 2009, 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 Low Density Mixed-Use Neighborhood ("L-M-N") 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 3rd day of March, A.D. 2009. City Clerk