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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/17/2007 - RESOLUTION 2007-059 FINDING SUBSTANTIAL COMPLIANCE ITEM NUMBER: 12 AGENDA ITEM SUMMARY DATE: July 17, 2007 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Resolution 2007-059 Finding Substantial Compliance and Initiating Annexation Proceedings for the McClelland's Creek PD &PLD Second Filing Annexation. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY The applicant, Stanley K. Everitt, on behalf of the property owners, McCreek, LLC, has submitted a written petition requesting annexation of 44.3 acres located at the southwest corner of Kechter Road and Strauss Cabin Road. McClelland's Creek runs along the southwest corner and Zach Elementary School is directly west of the property. The property is undeveloped and is in the FA-1 Farming District in Larimer County. The requested zoning for this annexation is LMN - Low Density Mixed-Use Neighborhood. The surrounding properties are currently zoned FA-1 Farming in Larimer County to the east, LMN -Low Density Mixed-Use Neighborhood in the City and FA-1 Farming in Latimer County to the north, FA-1 Fanning in Larimer County to the south, and LMN —Low Density Mixed-Use Neighborhood in the City to the west. 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.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 Staley Annexation(May,2001)to the west,the Willow Brook Annexation No.2(September, 1999) to the north, and the McClelland's Creek PD&PLD Annexation(January, 2006)to the southwest. July 17, 2007 -2- Item No. 12 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 July 19,2007,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 August 21, 2007. ■� � ■u nun .T. its �• _mnmmi _- _Inman -nazi�i e_� =nn1 Ni h��11�1�� QIIIIII►'• ■1111111111'�\p0 \\IIIII' � - _ �t11111111t► �� ,\I�1� � = L IIIII.�1.� .■ �tt11tt111 ■11111�� :i ,� .IIIt111t11 Iltltlll� -� _1111u 'vanon E fine♦ �! : = = =�►�■■� nnn■� �np♦ice� IMMUNE- 170, son I moll r ED ' I1■■ ■1■p♦i♦♦ip►iil jlii♦♦♦ ♦�11 In11■■■�►��. -`i Y�Yi��+,♦♦,�•♦��I♦♦I��111 �111111��I��ry�I ONE ILE MINIM soon I ii�� mill- RESOLUTION 2007-059 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE MCCLELLAND'S CREEK PD &PLD SECOND FILING 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 McClelland's Creek PD & PLD Second Filing Annexation; and WHEREAS,the Council of the Cityof 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 McClelland's Creek PD & PLD Second Filing Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A parcel of land located in the Northeast 1/4 of Section 9, the Southeast 1/4 of Section 4, the Southwest 1/4 of Section 3 and the Northwest 1/4 of Section 10, all in Township 6 North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being more particularly described as follows: Commencing at the Northeast Corner of said Section 9 and assuming the North line of the NE1/4 of Section 9 to bear South 88°28'48" East, a distance of 2656.31 feet, with all other bearings herein relative thereto; Thence North 45°17'12" West a distance of 43.83 feet to a point on the North right- of-way line of Kechter Road, said point being the POINT OF BEGINNING;thence North 82°10'O1" East a distance of 65.33 feet; thence South 02°51'16" West a distance of 70.06 feet to a point on the East right-of-way line of Strauss Cabin Road; thence South 00°09'07" East along said East right-of-way line a distance of 1286.58 feet;thence North 88°26'41"West a distance of 1248.45 feet;thence North 50°32'59" West a distance of 20.19 feet;thence North 67°58'43"West a distance of 29.85 feet; thence North 79°08'46" West a distance of 29.88 feet;thence North 71°57'32"West a distance of 50.98 feet;thence North 63°1 F35"West a distance of 37.02 feet;thence North 57'01'37" West a distance of 62.90 feet; thence North 47°31'56" West a distance of 29.50 feet;thence North 37°16'39" West a distance of 90.91 feet;thence North 33°06'23" West a distance of 105.14 feet; thence North 41°12'39" West a distance of 49.33 feet; thence North 46°57'57"West a distance of 89.74 feet; thence North 58°09'31" West a distance of 67.94 feet; thence North 64°07'21" West a distance of 56.23 feet;thence North 53°51'25" West a distance of 97.43 feet;thence South 90°00'00" East a distance of 113.56 feet; thence along a curve concave to the Northwest having a central angle of 90°04'12" with a radius of 400.00 feet, an arc length of 628.81 feet and the chord of which bears North 44°57'54"East,566.03 feet; thence North 00°04'12"West a distance of394.77 feet;thence South 88°28'48"East a distance of 664.39 feet; thence North 01°23'02" West a distance of 60.08 feet to a point on the North right-of-way of Kechter Road; thence South 88°28'48" East, 634.00 feet to the POINT OF BEGINNING. Said parcel of land contains 44.322 acres, more or less (t), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. 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 17th day of July, A.D. 2007. 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 McClelland's Creek PD&PLD Second Filing Annexation, said Annexation being more particularly described in said Resolution,a copy of which precedes this Notice. That, on August 21, 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 17th day of July, A.D. 2007. City Clerk