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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/06/2001 - RESOLUTION 2001-37 FINDING SUBSTANTIAL COMPLIANCE AGENDA ITEM SUMMARY ITEM NUMBER: 30 FORT COLLINS CITY COUNCIL DATE: March 6, 2001 FROM: Steve Olt SUBJECT : Resolution 2001-37 Finding Substantial Compliance and Initiating Annexation Proceedings for the Rice Homestead Annexation. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: The applicant, Shirley M. Slaton, being the property owner, has submitted a written petition requesting annexation of approximately 7.5 acres located south and west of Richard Lake, north of Long Pond, east of County Road 11, and west of State Highway 1 (Terry Lake Road). The requested zoning for this annexation is UE— Urban Estate. The surrounding properties are zoned 10 FA - Farming in Latimer County (to the north, west, and south) and UE — Urban Estate in the City (to the north and east). 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 Country Club North Second Annexation (January 17, 1984) to the north and east. 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 March 15, 2001, 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. 's • RESOLUTION 2001-37 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE RICE HOMESTEAD 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 Rice Homestead Annexation; and WHEREAS, on January 16, 2001, the Council adopted Resolution 2001-11, Finding Substantial Compliance and Initiating Annexation Proceedings for the Rice Homestead Annexation; and WHEREAS,the applicant requested postponement of the annexation to allow additional time to resolve issues relating to adjacent property rights-of-way; and WHEREAS, in order to accommodate the applicant's request for postponement and remain in compliance with Section 31-12-108 of the Colorado Revised Statutes, it is necessary that Resolution 200 1-11 be repealed and this Resolution be adopted in its place; and . WHEREAS,the Council of the City of 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 Resolution 2001-11 is hereby repealed. Section 2. That the Council hereby accepts the annexation petition for the Rice Homestead Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: LOT 27 OF HIGHLAND PLACE,COUNTY OF LARIMER, STATE OF COLORADO. Section 3. That the Council hereby finds and determines that the annexation petition and accompanying map are in substantial compliance with the Municipal Annexation Act. Section 4. 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 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 the Municipal Annexation Act. • Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 6th day of March, A.D. 2001. 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 Rice Homestead Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on April 17, 2001, 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 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. At such hearing, any persons may appear and present such evidence as they may desire. 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 1 lth day of March, A.D. 2001. City Clerk 11 .11 1 it