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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/20/2007 - RESOLUTION 2007-011 FINDING SUBSTANTIAL COMPLIANCE ITEM NUMBER: 22 AGENDA ITEM SUMMARY DATE: February 20, 2007 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT Resolution 2007-011 Finding Substantial Compliance and Initiating Annexation Proceedings for the Kinard Junior High School Annexation. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY The Kinard Junior High School Annexation is 27.18 acres in size. The site is 3002 East Trilby Road, located approximately one-half mile south of Kechter Road on the west side of Ziegler Road. Contiguity with the existing municipal boundary is gained along the entire eastern boundary which is shared with the Fossil Lake Annexation Number Two and a portion of the north boundary which is shared with the Homestead Annexation. This is a 100%voluntary annexation for a property located within the Growth Management Area. The property satisfies the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City boundary. The Petitioner has requested that the Property included in the Annexation be placed in the "LMN" Low Density Mixed-Use Neighborhood Zone District. The proposed Resolution states it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on April 17, 2007. Not less than 30 days prior, published notice is required by State law. ATTACHMENTS 1. Kinard Junior High School Area overview map. 2. Kinard Junior High Annexation and Zoning map. 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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 Kinard Junior High School Annexation,more particularly described as situate in the County of Larimer, State of Colorado, to wit: KNOW ALL MEN BY THESE PRESENTS THAT POUDRE SCHOOL DISTRICT, BEING THE OWNER OF THAT PART OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST, LARIMER COUNTY, COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO WIT: CONSIDERING THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 8 AS BEARING NORTH 00000'02" EAST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8 BETWEEN A FOUND 3 1/4" ALUMINUM CAP, STAMPED "2001, JONES LS 22098" AT THE NORTHEAST CORNER OF SAID SECTION 8,AND A#6 REBAR WITH 3 1/4" ALUMINUM CAP STAMPED "2000,JONES LS 22098",AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8,WITH ALL BEARINGS HEREIN RELATIVE THERETO. COMMENCING AT THE NORTH 1/16 CORNER OF SAID SECTION 8 AND SECTION 9 TOWNSHIP 6 NORTH, RANGE 68 WEST; THENCE SOUTH 89022'57" WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8,A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF ZIEGLER ROAD (COUNTY ROAD 9),SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8,SAID LINE ALSO BEING THE SOUTH LINE OF THE HOMESTEAD P.U.D., RECORDED WITH THE RECORDS OF LARIMER COUNTY AT RECEPTION NO. 93074452, SOUTH 89022'57" WEST, A DISTANCE OF 503.80 FEET; THENCE 216.94 FEET ALONG A NONTANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 60.50 FEET AND AN INCLUDED ANGLE OF 205026'53" SUBTENDED BY A CHORD BEARING SOUTH 89°22'57"WEST,A DISTANCE OF 118.03 FEET TO A POINT ON SAID SOUTH LINE; THENCE ALONG SAID SOUTH LINE SOUTH 89022'57"WEST A DISTANCE OF 618.25 FEET; THENCE LEAVING SAID SOUTH LINE SOUTH 00000'23"WEST,A DISTANCE OF 627.68 FEET TO A POINT OF CURVATURE; THENCE 557.97 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT,HAVING A RADIUS OF 520.00 FEET AND AN INCLUDED ANGLE OF 61°28'46" SUBTENDED BY A CHORD BEARING SOUTH 30044'00" EAST, A DISTANCE OF 531.59 FEET; THENCE SOUTH 59-54'19" EAST,A DISTANCE OF 149.72 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF PROPOSED TRILBY ROAD, SAID POINT ALSO BEING A POINT OF CURVATURE; THENCE ALONG SAID SOUTH RIGHT- OF-WAY LINE THE FOLLOWING FOUR COURSES AND DISTANCES,456.98 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 567.00 FEET AND AN INCLUDED ANGLE OF 460 10'40" SUBTENDED BY A CHORD BEARING NORTH 51°1 l'43" EAST,A DISTANCE OF 444.71 FEET TO A POINT OF COMPOUND CURVATURE; THENCE 178.14 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS IF 387.00 FEET AND AN INCLUDED ANGLE OF 26022'23" SUBTENDED BY A CHORD BEARING NORTH 87028'14" EAST, A DISTANCE OF 176.57 FEET TO A POINT OF REVERSE CURVATURE; THENCE 84.81 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 431.00 FEET AND AN INCLUDED ANGLE OF 11016'29" SUBTENDED BY A CHORD BEARING SOUTH 84058'48" EAST, A DISTANCE OF 84.68 FEET; THENCE NORTH 89°22'57" EAST, A DISTANCE OF 231.59 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF ZIEGLER ROAD(COUNTY ROAD 9); THENCE ALONG SAID WESTERLY RIGHT-OF-WAY AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, NORTH 00000'02" EAST, A DISTANCE OF 891.48 FEET TO THE POINT OF BEGINNING; CONTAINING 1,176,400 SQUARE FEET, OR 27.01 ACRES, MORE OR LESS; 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. 2 Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of February, A.D. 2007. Mayor ATTEST: City Clerk -3- 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 Kinard Junior High School Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on April 17, 2007, 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. 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 February, A.D. 2007. City Clerk