HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/17/2002 - RESOLUTION 2002-111 FINDING SUBSTANTIAL COMPLIANCE AGENDA ITEM SUMMARY ITEM NUMBER: 21
DATE: December 17, 2002
FORT COLLINS CITY COUNCIL FROM
• Bob Barkeep
SUBJECT :
Resolution 2002-1 t t Finding Substantial Compliance and Initiating Annexation Ptoceedins lot the
First Free Will Baptist Church Annexation.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY:
The First Free Will Baptist Church Annexation is 4.92 acres in size,located west of College Avenue
and north of Trilby Road. The parcel is contiguous to existing City boundaries by the Timan First
Annexation. The recommended zoning is Low Density Mixed-Use Neighborhood. (LMN).
The proposed resolution states it is the City's intent to annex this property and directs that the notice
required by state statutes be given of the Council's hearing to consider the annexation ordinance.
The public hearing for the annexation ordinance must occur no less than 30 days and no greater than
60 days from adoption of the resolution finding compliance with state statutes.
BACKGROUND:
This property is eligible for annexation according to the Colorado Annexation Act, which requires
1/6 contiguity to the existing city limits. The Whitham Farms LLC Annexation complies with this
standard since the property has 914 feet of its total boundary of approximately 1,827 feet contiguous
to the existing city limits. This meets the minimum 305 feet required to achieve 1/6 contiguity.
This contiguity occurs through a common boundary with the property to the east and south of the
parcel.
The property is located within the Fort Collins Growth 4Management Area (GMA). According to
policies and agreements between the City of Fort Collins and Larimer County, contained in the
Intergovernmental Agreement for the Fort Collins Growth Management Area (last amended
November 2000),the City will pursue the annexation of land into the City of Fort Collins when such
lands are eligible for annexation according to Colorado Revised Statutes (CRS).
The property is currently zoned Residential (R2) District in Latimer County. The City's adopted
Structure Plan, a part of City Plan, designates the site as Low Density, Mixed-Use Residential.
DATE: DecemSe—F777002 1 2
ITEM NUMBER: 21
The use of a church or other religious facility is permitted within the LMN zone district as an
Administrative(Type I)Review. The church use will be conforming to the use requirements within
the LMN zone district.
The Planning and Zoning Board Hearin
The Planning and Zoning Board is scheduled to consider the annexation at the December 19, 2002
Planning and Zoning Board Meeting.The recommendation of the Planning and Zoning Board will
be forwarded to the City Council at the time of the First Reading on January 21, 2003.
RESOLUTION 2002-111
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION AND ZONING PROCEEDINGS FOR THE
FIRST FREE WILL BAPTIST CHURCH 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
First Free Will Baptist Church Annexatiou; and
WHEREAS,the Council of the City of Fort Collins desires to initiate annexation and zoning
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 First Free Will
Baptist Church Annexation, more particularly described as situate in the County of Latimer, State
of Colorado, to wit:
A TRACT OF LAND LOCATED IN THE SE 1/4 OF SECTION 11, TOWNSHIP
6 NORTH, RANGE 69 WEST, OF THE 6TH P.M. OF LARIMER COUNTY
COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 11
TOWNSHIP 6 NORTH,RANGE WEST OFTHE 6TH P.M.,LARIMER COUNTY,
COLORADO AS BEARINGS 88 DEGREES 37100"W AND WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO:COMMENCING AT
THE SE CORNER OF SAID SECTION I TOWNSHIP 6 NORTH, RANGE 69
WEST OF THE 6TH P.M.,LARIMER COUNTY, COLORADO; THENCE,RUN
S 88 DEGREES 37D0"W ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4
FOR A DISTANCE OF 957.61 FEET; THENCE LEAVING SAID SOUTH LINE
RUN N O1 DEGREES 56'00"W FOR A DISTANCE OF 30 FEET TO THE POINT
OF BEGINNING, SAID POINT ALSO BEING A POINT ON THE BOUNDARY
LINE OF TIMAN FIRST ANNEXATION;THENCE RUN S 88 DEGREES 37,00"
W ALONG SAID BOUNDARY LINE OF TIMAN FIRST ANNEXATION FOR A
DISTANCE OF 543.51 FEET TO A POINT ON THE BOUNDARY LINE OF
SKYVIEW SOUTH FIRST FILING; THENCE LEAVING SAID BOUNDARY
LINE OF TIMAN FIRST ANNEXATION RUN N 01 DEGREES 56100"W ALONG
SAID BOUNDARY LINE OF SKYVIEW SOUTH FIRST FILING FOR A
DISTANCE OF 370 FEET; THENCE RUN N 88 DEGREES 37100" E ALONG
SAID BOUNDARY LINE OF SKYVIEW SOUTH FIRST FILING FOR A
DISTANCE OF 543.51 FEET TO THE AFORESAID BOUNDARY LINE OF
TIMAN FIRST ANNEXATION;THENCE LEAVING SAID BOUNDARY LINE
OF SKYVIEW SOUTH FIRST FILING RUN S O1 DEGREES 56100" E ALONG
SAID BOUNDARY LINE OF TIMAN FIRST ANNEXATION FOR A DISTANCE
OF 370 FEET TO THE POINT OF BEGINNING.
CONTAINING 4.62 ACRES, MORE OR LESS WHICH HAS AN ADDRESS OF
320 WEST TRILBY ROAD, FORT COLLINS, COLORADO 80525.
Section2. 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 December, A.D. 2002.
Mayor
ATTEST:
City Clerk
2
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 First Free Will Baptist Church Annexation,said
Annexation being more particularly described in said Resolution, a copy of which precedes this
Notice.
That, on January 21, 2003, 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 22nd day of December, A.D. 2002.
City Clerk
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