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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/16/2007 - RESOLUTION 2007-003 STATING THE INTENT OF THE CITY ITEM NUMBER: 23 AGENDA ITEM SUMMARY DATE: January 16, 2007 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Resolution 2007-003 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 Weiner Enclave Annexation. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY 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 for this annexation. There are two properties(5117 Ziegler Road and 5305 Ziegler Road),totaling 7.55 acres in size,that are located on the west side of Ziegler Road,between Kechter Road(to the south) and Rock Creek Drive(to the north). Fossil Ridge High School is directly to the east, across Ziegler Road. They are currently properties that are developed as single-family residences with several outbuildings. The property at 5117 Ziegler Road contains a livestock feedlot and the property at 5305 Ziegler Road contains a commercial business(Express Concrete).The McClelland's Channel runs along the south property line of 5305 Ziegler Road.The proposed zoning for this annexation is LMN-Low Density Mixed-Use Neighborhood. The surrounding properties are zoned LMN - Low Density Mixed-Use Neighborhood 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 February 20, 2007. Not less than thirty days of prior notice is required by State law. BACKGROUND In accordance with CRS 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: January 16, 2007 -2- Item No. 23 • CRS 3 1-12-104 Eligibilityfor Annexation; or • CRS 31-12-105 Limitations; or • CRS 31-12-108 Setting Hearing Date; or • CRS 31-12-109 Hearing, 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 Owners: Ronald &Paula Ruff 5117 Ziegler Road Fort Collins, CO. 80528 Mitch A. Weiner 3139 Rookery Road Fort Collins, CO. 80528 Express Concrete Inc. 5305 Ziegler Road Fort Collins, CO. 80528 The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City ofFort 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. These properties are an enclave (completely surrounded by the City of Fort Collins since 2002) and gain the required 1/6 contiguity to existing City limits from common boundaries with the Webster Farm Annexation(February, 2002)to the east,the H. H. -36 Annexation(December, 1998)to the south, and the Ruff Annexation (September, 1998) to the north and west. 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 January 18,2007, 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 February 20, 2007. .:�� n HARMONY PARK n a Cif=rc;.ie�. � n�� imn■J ' nnn umn ■unul■�• NOW 1111%malm-A ' n ,,-T .u■ -� � � mlllllll■I� �� -TV 7V.!I?cda�; 1 �11� - 1111 �1111 1111[� �11111111' ��Q�_�..�■n i1� is ��r 11T111'1111E�11111111/ mill■ 1 ' lEllin 1 11111 r ■lul■ IIIIILII =� �-� �:11 l��l ■cIT-1■ 111111� �: � ��s�� ., ,rim■�■■■ER�IIII�I�� ... •: ;:: : ... : ::: - e: ' 1 . 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E Epp Ir� i _ yyNk StlLF SEC H.Y•O �v.•�v CITY OF FOIC7 COLLINS, COLOReDO I 1 7-!0'-w AtU�A770N ffi9(�g D{t�1R1 1' tt-tIH10001 NOI �Z- r ), RESOLUTION 2007-003 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 WEINER ENCLAVE 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 Weiner Enclave Annexation, situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5 AS BEARING NORTH 01' 28' 38" WEST WITH ALL BEARINGS HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE, N 01' 28' 38" W 709.38 FEET ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE HH-36 ANNEXATION;THENCE,N 81°01'38"W 30.50 FEET ALONG SAID NORTHERLY LINE TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY OF ZIEGLER ROAD AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE,N 01`28'38"W 1212.17 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID ZIEGLER ROAD ALSO BEING THE WESTERLY LINE OF THE WEBSTER FARM ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,N 88° 16'32"W 328.36 FEET ALONG AN EASTERLY PORTION OF THE RUFF ANNEXATION TO THE CITY OF FORT COLLINS; THENCE S 00° 04'40" W 519.34 FEET ALONG SAID EASTERLY PORTION; THENCE, S 89° 58'38"E 113.20 FEET ALONG SAID EASTERLY PORTION;THENCE,S 01°28' 38" E 654.53 FEET ALONG THE EASTERLY PORTION OF SAID RUFF ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF SAID HH-36 ANNEXATION; CONTINUING, S 01° 28' 38" E 15.00 FEET ALONG SAID NORTHERLY LINE,THENCE, S 87°53'08"E 27.42 FEET ALONG SAID NORTHERLY LINE; THENCE, S 81` 01' 38" E 204.82 FEET ALONG SAID NORTHERLY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID ZIEGLER ROAD, THE WESTERLY LINE OF SAID WEBSTER FARM ANNEXATION AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 7.553 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 16th day of January, 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 Weiner Enclave Annexation,said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. This is an enclave annexation. That,on February 20,2007, 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 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 "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 16th day of January, A.D. 2007. City Clerk