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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/05/2006 - RESOLUTION 2006-093 FINDING SUBSTANTIAL COMPLIANCE ITEM NUMBER: 18 AGENDA ITEM SUMMARY DATE: September 5, 2006 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Resolution 2006-093 Finding Substantial Compliance and Initiating Annexation Proceedings for the Arbor South Second Annexation. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY This in an involuntary annexation. The area to be annexed is the entirety of an enclave that has been surrounded by the City of Fort Collins for more than three years; therefore, no annexation petition is required. The property is 1.83 acres in size and is located on the west side of South College Avenue (State Highway 287), south of Harmony Road,east of the railroad tracks, and north of Fairway Lane. The address of the property is 4921 South College Avenue. It is currently a vacant, undeveloped piece of property. There are several groves of trees on the property. The proposed zoning for this annexation is C—Commercial. The surrounding properties are zoned C-Commercial to the north, east, west, and south. The proposed Resolution makes a finding that the annexation complies with the Municipal Annexation Act for annexation of an enclave, states the Council's intent to annex the Enclave, initiates 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 on October 17, 2006. Not less than thirty days of prior notice is required by State law. BACKGROUND In accordance with C.R.S. 31-12-106 Annexation of Enclaves, Partially Surrounded Land, and Municipally Owned Land,when any unincorporated area is entirely contained within the boundaries of a municipality, the governing body may by ordinance annex such territory to the municipality without complying with: • C.R.S. 31-12-104Eligibilityfor Annexation; or • C.R.S. 31-12-105 Limitations; or • C.R.S. 31-12-108 Setting Hearing Date; or • C.R.S. 31-12-109 Hearing, September 5, 2006 -2- Item No. 18 if said area has been so surrounded for a period of not less than three years; except that notice of the proposed annexation ordinance shall be given by publication as provided by Section 31-12-108; however, for notices of annexation petitions and resolutions initiating annexation proceedings, no public hearing on the proposed annexation ordinance shall be required, and the first publication of notice shall be at least thirty days prior to the adoption of the ordinance. Applicant: City of Fort Collins Property Owner: Spradley/Barr, LLC P.O. Box 270710 Fort Collins, CO. 80527 The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City ofFort 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 is an enclave(completely surrounded by the City of Fort Collins since 2001)and gains the required 1/6 contiguity to existing City limits from common boundaries with the Arbor South First Annexation(June,2001)to the north and west,the Fairway Estates Business Annexation(January, 1981) to the east, and the McClanahan First Annexation(April, 1989) to the south. 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 21, 2006, 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 on October 17, 2006. RESOLUTION 2006-093 OF THE COUNCIL OF THE CITY OF FORT COLLINS STATING THE INTENT OF THE CITY OF FORT COLLINS TO ANNEX CERTAIN PROPERTY AND INITIATING ANNEXATION PROCEEDINGS FOR SUCH PROPERTY TO BE KNOWN AS THE ARBOR SOUTH SECOND ANNEXATION WHEREAS, the property hereinafter described has, for a period of not less than three (3) years prior to this date,been completely contained within the boundaries of the City of Fort Collins; and WHEREAS,the 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 Council of the City of Fort Collins intends to annex the following described property, to be known as the Arbor South Second Annexation, situate in the County of Larimer, State of Colorado, to wit: CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN AS BEARING N 00`° 55' 05" E WITH ALL BEARING HEREIN RELATIVE THERETO. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2 THENCE S 00` 55' 05' W 1931.20 FEET; THENCE, S 89` 04' 55' W 48.01 FEET TO THE NORTHEAST CORNER OF THE OF THE SUBJECT PROPERTY ALSO BEING A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE FAIRWAY ESTATES BUSINESS ANNEXATION TO THE CITY OF FORT COLLINS AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION: THENCE,S 01`00'05'W 147.22 FEET ALONG SAID WESTERLY LINE OF THE FAIRWAY ESTATES BUSINESS PARK ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE MC CLANAHN FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 88° 36' 55' W 613.00 FEET ALONG SAID NORTHERLY LINE TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE ARBOR SOUTH FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 00` 23' 05" E 112.29 FEET ALONG SAID SOUTHERLY LINE; THENCE, N 88 ° 07' 05' E 613.01 FEET CONTINUING ALONG SAID SOUTHERLY LINE TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID FAIRWAY ESTATES BUSINESS ANNEXATION AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 1.825 ACRES MORE OR LESS. Section 2. That the Council hereby initiates annexation proceedings for the above- described property. 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 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 Section 31-12-108(2), C.R.S. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of September, A.D. 2006. 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 Arbor South Second Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. This is an enclave annexation. That, on October 17,2006, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearingin the Council Chambers in the City Hall 300 LaPorte Avenue Fort Y � Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation and zoning 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 as an enclave 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. It is proposed that the Property included in the Annexation be placed in the"C"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 5th day of September, A.D. 2006. City Clerk