HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/20/2012 - RESOLUTION 2012-017 FINDING SUBSTANTIAL COMPLIANCEDATE: March 20, 2012
STAFF: Steve Olt
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 13
SUBJECT
Resolution 2012-017 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 0.64
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 the 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 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
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 meeting on
April 19, 2012, 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 May 1, 2012.
PUBLIC OUTREACH
The property is developed and contains a single-family residence and horse boarding facility, both of which have been
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
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.
March 20, 2012 -2- ITEM 13
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.”
ATTACHMENTS
1. Vicinity Map
2. Zoning Map
3. Structure Plan Map
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 3
RESOLUTION 2012-017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR THE
WILD PLUM FARM ANNEXATION NO. 1
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 Annexation No. 1; and
WHEREAS, the City Council desires to initiate annexation proceedings in accordance with
the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes.
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 Annexation No. 1, more particularly described as situate in the County of Larimer, State
of Colorado, to wit:
A tract of land being a portion of the tract of land described in the Warranty Deed
recorded November 27, 1996 at Reception No. 96085333; being located in the S 1/2,
N 1/2, S 1/2, NW 1/4, SW 1/4 of Section 3, Township 7 North, Range 69 West of the
6th P.M., which considering the West line of the SW 1/4 of said Section 3 as bearing
due North with all bearings herein relative thereto is described as follows:
Commencing at the Northwest corner of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4;
thence along the West line of said SW 1/4 South, 90.60 feet; thence East, 146.75
feet; thence North 44 degrees 01 minutes East, 15.65 feet; thence East, 58.00 feet;
thence North, 81.19 feet more or less to the North line of said S 1/2, N 1/2, S 1/2,
NW 1/4, SW 1/4; thence North 89 degrees 30 minutes 32 seconds East, 768.80 feet
to the Point of Beginning; thence North 89 degrees 30 minutes 32 seconds East,
329.00 feet to the NE corner of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4; thence
South 00 degrees 00 minutes 39 seconds West, 164.70 feet to the Southeast corner
of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4; thence South 89 degrees 30 minutes 12
seconds West, 10.00 feet; thence North 00 degrees 00 minutes 39 seconds East,
82.35 feet; thence South 89 degrees 30 minutes 32 seconds West, 319.00 feet; thence
North 00 degrees 00 minutes 39 seconds East, 82.35 feet to the Point of Beginning.
This annexation contains 0.641 acres.
Section 2. That the City Council hereby finds and determines that the annexation petition
for the Wild Plum Farm Annexation No. 1 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 March A.D. 2012.
Mayor
ATTEST:
Interim 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 Annexation No. 1, said
Annexation being more particularly described in said Resolution, a copy of which precedes this
Notice.
That, on May 1, 2012, 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 March, A.D. 2012.
_______________________________
Interim City Clerk