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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/06/2011 - RESOLUTION 2011-073 FINDING SUBSTANTIAL COMPLIANCEDATE: September 6, 2011 STAFF: Steve Olt AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 22 SUBJECT Resolution 2011-073 Finding Substantial Compliance and Initiating Annexation Proceedings for the Wild Plum Farm Annexation No. 1. EXECUTIVE SUMMARY The applicant, Shane L. Beckers, the property owner, has submitted a written petition requesting annexation of 0.68 acres located on the east side of North Taft Hill Road, approximately 1,750 feet north of West Vine Drive. The property is developed and is in the FA - Farming District in Larimer County. The requested zoning for this annexation is UE – Urban Estate. The surrounding properties are currently zoned FA – Farming in Larimer County to the north, west and south; and, UE – Urban Estate in the City (Lincoln Junior High School) to the east. BACKGROUND / DISCUSSION 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 Growth Management Area when the property is eligible for annexation according to State law. This property gains the required 1/6 contiguity to existing City limits from a common boundary with the Lincoln Junior High School Second Annexation (October, 1998) to the east. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its regular monthly meeting on September 15, 2011, 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 18, 2011. PUBLIC OUTREACH The property is developed and contains a single-family residence and horse boarding facility, both of which have been This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. There are no issues or known controversies associated with this annexation. September 6, 2011 -2- ITEM 22 on the property for a number of years. Larimer County recently determined the horse boarding facility to be an illegal use on the property and, as such, required the property owner to initiate a Special Review process in the County to legalize the facility. Public outreach and notification took place during the County’s process, which culminated in the Board of County Commissioners approving the Beckers Stable Special Review on March 22, 2011. The Board’s approval contained a condition stating: “The owner(s) of the property shall submit required petition to be annexed into the city within 30 days of the date of this Findings and Resolution. This is the reason for a six-month transition period. Applicant/operator will be required to comply with City of Fort Collins requirements as well as the County conditions within the same time period.” The annexation petitions were filed just within the 30-day timeframe; however, the petitions lacked the signed Attorney Certification (Attachment C). Therefore, processing the annexations had to be delayed until recently when Mr. Beckers brought in the Attorney Certification. The petitions were submitted on April 22, 2011. ATTACHMENTS 1. Vicinity Map 2. Zoning Map 3. Structure Plan Map ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 RESOLUTION 2011-073 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE WILD PLUM FARM 1 ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, has been filed with the City Clerk requesting the annexation of certain property to be known as the Wild Plum Farm 1 Annexation; and WHEREAS, the City 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 City Council hereby accepts the annexation petition for the Wild Plum Farm 1 Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A portion of SW 1/4 of Section 3 T7N, R 69W of 6th PM, Larimer County Colorado. Beginning at NW corner of S 1/2 N 1/2 S 1/2 NW 1/4 SW 1/4 E 943.4 feet to the point of beginning N 89 30' 32" E 330 feet, S 0 0' 39" W 164.7, S 89 30' 32" W 30 feet, N 0 0' 39" E 82.5 feet, S 89 30' 32" W 300 feet, N 0 )’ 39" E 82.5 feet. Containing .68 acres more or less. Section 2. That the City Council hereby finds and determines that the annexation petition for the Wild Plum Farm 1 Annexation and accompanying map are in substantial compliance with the Municipal Annexation Act. Section 3. That the Notice attached hereto is hereby 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 this 6th day of September A.D. 2011. 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 Wild Plum Farm 1 Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on October 18, 2011, 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 Urban Estate (“U-E”) 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 6th day of September, A.D. 2011. _______________________________ City Clerk