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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/20/2011 - RESOLUTION 2011-088 FINDING SUBSTANTIAL COMPLIANCEDATE: September 20, 2011 STAFF: Steve Olt AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 19 SUBJECT Resolution 2011-088 Finding Substantial Compliance and Initiating Annexation Proceedings for the Courtney Annexation. EXECUTIVE SUMMARY The applicants, C. Scott and Nancy E. Courtney, the property owners, have submitted a written petition requesting annexation of 3.13 acres located east of Ziegler Road and south of East Horsetooth Road. The property is Lot 3 of the Strobel M.R.D. and is addressed as 3256 Nite Court, which is at the east end of Charlie Lane. Portions of street right-of-way for Nite Court and Charlie Lane are included in the annexation boundary. The property is developed and is in the FA1 - Farming District in Larimer County. The requested zoning for this annexation is UE – Urban Estate. The surrounding properties are currently zoned FA1 – Farming in the Larimer County to the north, east and south; and, UE – Urban Estate in the City to the west. 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 on November 1, 2011. Not less than thirty days of prior notice is required by State law. The property is located within the Fort Collins Growth Management Area. 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, the City will agree to consider annexation of property in the GMA 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 Strobel Annexation (April, 1992) and the Wild West Annexation (August, 1994) to the west. 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 October 20, 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 November 1, 2011. 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 20, 2011 -2- ITEM 19 PUBLIC OUTREACH The property is developed and contains a single-family residence, which has been on the property since 1992. No public outreach has been done to date other than the required placement of a sign on the property notifying the public of an annexation request to the City of Fort Collins. Newspaper and letter notifications for the public hearings will be mailed two weeks prior to the October 20, 2011 Planning and Zoning Board hearing. ATTACHMENTS 1. Vicinity map 2. Zoning map 3. Structure plan map ATTACHMENT 3 RESOLUTION 2011-088 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE COURTNEY 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 Courtney 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 Courtney Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: Lot 3, Strobel M.R.D. No. S-60-87, and a portion of Charlie Lane and Nite Court, situate in the Northwest 1/4 of Section 33, Township 7 North, Range 68 West of the Sixth P.M., County of Larimer, State of Colorado, being more particularly described as follows: considering the North line of said Lot 3, Strobel M.R.D. No. S-60-87 as bearing S89°33'00"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the Northeast corner of said Lot 3 and run thence along the East line of said Lot 3, S20°31'30"E 193.45 feet to the Southeast Corner of said Lot 3; thence along the South line of said Lot 3, N89°33'00"W 605.44 feet to a point on the existing Easterly right-of-way line of Nite Court; thence along said existing Easterly right-of-way line, S00°27'00"W 15.59 feet, and again along the arc of a 70.00 foot radius curve concave to the Northeast a distance of 77.34 feet, whose central angle is 63°18'00", the long chord of which bears S31°12'00"E 73.46 feet, and again along the arc of a 130.00 foot radius curve concave to the Southwest a distance of 138.06 feet, whose central angle is 60°51'00", the long chord of which bears S32°25'30"E 131.67 feet, and again along the arc of a 40.00 foot radius curve concave to the Northwest a distance of 52.72 feet, whose central angle is 75°31'05", the long chord of which bears S35°45'32"W 48.99 feet; thence departing said existing Easterly right-of-way line, N02°00'16"W 38.73 feet to the centerline of Nite Court; thence along said centerline, along the arc of a 100.00 foot radius curve concave to the Southwest a distance of 106.20 feet, whose central angle is 60°51'00", the long chord of which bears N32°25'30"W 101.28 feet, and again along the arc of a 100.00 foot radius curve concave to the Northeast a distance of 110.48 feet, whose central angle is 63°18'00", the long chord of which bears N31°12'00"W 104.95 feet, and again N00°27'00"E 15.59 feet to a point on the existing South right-of-way line of Charlie Lane; thence along said existing South right-of--way line, N89°33'00"W 265.54 feet; thence departing said existing South right-of-way line, N00°00'00"E 57.48 feet to a point on the existing North right-of- way line of Charlie Lane; thence along said existing North right-of-way line, along the arc of a 270.00 foot radius curve concave to the South a distance of 36.95 feet, whose central angle is 07°50'25", the long chord of which bears N86°31'48"E 36.92 feet, and again S89°33'00"E 233.75 feet; thence departing said existing North right- of-way line, along the arc of a 15.00 foot radius curve concave to the Northwest a distance of 28.08 feet, whose central angle is 107°15'00", the long chord of which bears N36°49'30"E 24.15 feet to a point on the existing right-of-way line of Nite Court; thence along said existing right-of-way line, N16°48'00"W 56.63 feet, and again along the arc of a 50.00 foot radius curve concave to the South a distance of 218.50 feet, whose central angle is 250°22'48", the long chord of which bears N55°15'36"E 81.72 feet to a point on the North line of said Lot 3; thence along said North line, S89°33'00"E 497.28 feet to the point of beginning, containing 3.1295 acres, more or less. Section 2. That the City Council hereby finds and determines that the annexation petition for the Courtney 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 20th day of September A.D. 2011. Mayor ATTEST: Chief Deputy 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 Courtney Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on November 1, 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 20th day of September, A.D. 2011. _______________________________ Chief Deputy City Clerk