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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/06/2001 - RESOLUTION 2001-39 FINDING SUBSTANTIAL COMPLIANCE AGENDA ITEM SUMMARY ITEM NUMBER: 32 FORT COLLINS CITY COUNCIL DATE: March 6, 2001 FROM: Ted Shepard SUBJECT : Resolution 2001-39 Finding Substantial Compliance and Initiating Annexation Proceedings for the Arbor South Annexation. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: The Arbor South Annexation is 11.26 acres in size. The site is generally located on the west side of South College Avenue,east of the Burlington Northern Same Fe Railroad tracks, approximately one-quarter mile south of Harmony Road. Contiguity with the existing municipal boundary is gained along the north property line with a parcel known as the Spradley Barr Annexation. The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on April 17, 2001. Not less than 30 days prior published notice is required by State law. BACKGROUND: This is a 100% voluntary annexation for a property located within the Urban Growth Area. The property satisfies the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City boundary. The parcel abuts the Mason Street Corridor. The applicant is aware of the findings of the Mason Street Transportation Corridor Master Plan. The Planning and Zoning Board conducted a public hearing on the annexation and zoning request at its meeting on February 1, 2001. At that meeting, the Board recommended, by a vote of 6-0, approval of the Arbor South Annexation. RESOLUTION 2001-39 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE ARBOR SOUTH 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 Arbor South Annexation; and WHEREAS, on January 16, 2001, the Council adopted Resolution 2001-12, Finding Substantial Compliance and Initiating Annexation Proceedings for the Arbor South Annexation;and WHEREAS, the staff and the applicant have requested postponement of the annexation to allow the applicant additional time to attempt to include abutting Burlington Northern Same Fe Railroad right-of-way in the annexation; and WHEREAS, in order to accommodate the request for postponement and remain in compliance with Section 31-12-108 of the Colorado Revised Statutes,it is necessary that Resolution 2001-12 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 2001-12 is hereby repealed. Section 2. That the Council hereby accepts the annexation petition for the Arbor South Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND LYING IN THE NORTHEAST 1/4 OF SECTION 2,TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,LARIMER COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ASSUMING THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDAN, LARIMER COUNTY, COLORADO BEARS S 00°47'00" W WITH ALL BEARINGS HEREIN RELATIVE THERETO. COMMENCE AT THE NORTHEAST CORNER OF SECTION 2,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN THENCE RUN S 00'47'00"W ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN FOR A DISTANCE OF 1445.83 FEET; THENCE LEAVING SAID EAST LINE RUN N 88'52'00"W FOR A DISTANCE OF 47.36 FEET TO A POINT ON THE WEST RIGHT OF WAY ON U.S.HIGHWAY#287 SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE RUN S 00*5126" W ALONG SAID WEST RIGHT OF WAY FOR A DISTANCE OF 485.66 FEET; THENCE LEAVING SAID WEST RIGHT OF WAY RUN S 87'58'53"W FOR A DISTANCE OF 613.06 FEET; THENCE RUN S O1'10'45"W FOR A DISTANCE OF 112.05 FEET TO A POINT ON THE NORTH LINE OF MCCLANAHAN FIRST ANNEXATION SAID POINT ALSO BEING ON THE EAST RIGHT OF WAY OF FOSSIL BOULEVARD; THENCE RUN N 88'55'26"W ALONG SAID NORTH LINE FOR A DISTANCE OF 54.05 FEET TO A POINT ON THE WEST RIGHT OF WAY OF FOSSIL BOULEVARD; THENCE LEAVING SAID NORTH LINE RUN N Ol'10'20"E FOR A DISTANCE OF 29.91 FEET; THENCE RUN N 88'44'34"W FOR A DISTANCE OF 246.66 FEET TO A POINT ON THE WEST RIGHT OF WAY OF THE COLORADO AND SOUTHERN RAILROAD; THENCE RUN N 00'53'00" E ALONG SAID WEST RIGHT OF WAY FOR A DISTANCE OF 600.98 FEET TO A POINT ON THE SOUTH LINE OF SPRADLEY BARR ANNEXATION; THENCE LEAVING SAID WEST RIGHT OF WAY RUN S 88'52'00"E ALONG SAID SOUTH LINE FOR A DISTANCE OF 913.19 FEET TO THE POINT OF BEGINNING. CONTAINING 11.255 ACRES MORE OR LESS AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD. 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 Arbor South 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 Ith day of March, A.D. 2001. • City Clerk M` gild'. t _ uu