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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/18/2001 - RESOLUTION 2001-172 FINDING SUBSTANTIAL COMPLIANCE AGENDA ITEM SUMMARY ITEM NUMBER: 35 FORT COLLINS CITY COUNCIL DATE: December 18, 2001FROM: Steve Olt SUBJECT: Resolution 2001-172 Finding Substantial Compliance and Initiating Annexation Proceedings for the Front Range Annexation. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: The applicant, BHA Design, Inc., on behalf of the property owners, Front Range Limited Partnership, has submitted a written petition requesting annexation of 4.84 acres located at the northwest corner of State Highway 287 (South College Avenue)and Trilby Road. The property is currently functioning as the High Country Pools commercial operation.The requested zoning for this 410 annexation is NC—Neighborhood Commercial.The surrounding properties are currently zoned C- Commercial in Larimer County to the south and east and C—Commercial in the City to the west and the north. 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 116 contiguity to existing City limits from common boundaries with the Timan First Annexation(May 23, 1988)to the west and the north. 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 17,2002,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. RESOLUTION 2001-172 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE FRONT RANGE 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 Front Range Annexation; and WHEREAS,the Council ofthe 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 the Council hereby accepts the annexation petition for the Front Range Annexation, more particularly described as situate in the County of Larimer, State of Colorado,to wit: PARCEL I: ONE SQUARE ACRE IN THE SOUTHEAST CORNER OF THE SOUTHEAST ONE-QUARTEROF SECTION 11,TOWNSHIP 6NORTH,RANGE 69 WEST OF THE 6TH P.M.,LARIMER COUNTY,COLORADO,EXCEPT THAT PORTION CONVEYED TO THE STATE HIGHWAY DEPARTMENT IN DEED RECORDED DECEMBER 10, 1957 IN BOOK 1057 AT PAGE 546.COUNTY OF LARIMER, STATE OF COLORADO. PARCEL 2 A PARCEL OF LAND SITUATE IN THE SOUTHEAST ONE-QUARTER OF SECTION 11, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, WHICH BEGINS AT THE SOUTHEAST CORNER OF SAID SECTION 11 AND RUNS THENCE WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 420.00 FEET; THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 501.00 FEET; THENCE EAST PARALLEL TO THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 420 FEET TO THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER; THENCE SOUTH ALONG SAID EAST LINE OF THE SOUTHEAST ONE- QUARTER A DISTANCE OF 501.00 FEET TO THE POINT OF BEGINNING. EXCEPT ONE SQUARE ACRE IN THE SOUTHEAST CORNER OF SAID SOUTHEAST ONE-QUARTER AS CONTAINED IN DEED RECORDED NOVEMBER 30, 1979 IN BOOK 2008 AT PAGE 475, AND ALSO EXCEPT A STRIP OF LAND CONVEYED IN DEED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO,RECORDED DECEMBER 10, 1958,IN BOOK 1082 AT PAGE 539, OF THE LARIMER COUNTY, COLORADO RECORDS. COUNTY OF LARIMER, STATE OF COLORADO. Section 2. 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 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 18th day of December,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 Front Range Annexation,said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on February 5, 2002, 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 for assistance. Dated this 18th day of December, A.D. 2001. City Clerk ■ noon. p �� _ ■�� . Illlllllll��i� IIIIIIIr�i a Began •• •• •. //■■ �� .. IIIIIlI11b■ ■n...A � ►� r.a ♦ . u7 .� 1111.E II�11�►�� ►�� t.•, p I111111r� 1 �11111111\ �. �L/. .11_ �� i � ��/ ■ �111111\\� Ittt .. SIMON No01111 ` .. .. .. :: 1P9n� if ilmemo NIP .� II tIt► ""vouu �l� p IlI11P . ��•,�q.•1•�11■.tom 3 � ..t.ttt /.. ►�n.►� p AID; pmltl