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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/20/2011 - RESOLUTION 2011-087 FINDING SUBSTANTIAL COMPLIANCEDATE: September 20, 2011 STAFF: Ted Shepard AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 18 SUBJECT Resolution 2011-087 Finding Substantial Compliance and Initiating Annexation Proceedings for the Leistikow Annexation. EXECUTIVE SUMMARY The applicants, Wayne B. and Janice E. Leistikow, the property owners, have submitted a written petition requesting annexation of 18.035 acres located on the east side of South Timberline North Road, and on the south side of Trilby Road. The property contains a single family detached home approved in Larimer County under FA-1 zoning as part of the Leistikow Minor Residential Division approved in 1992. The requested zoning for this annexation is UE – Urban Estate. The parcel to the north is the Westchase P.U.D., zoned L-M-N and U-E and annexed into the City of Fort Collins in 2001. The properties to the east, south and west are currently zoned FA-1 and located in Larimer County. BACKGROUND / DISCUSSION This 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 a common boundary with the Westchase Number Two Annexation located to the north. 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. 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 18 PUBLIC OUTREACH There was no public outreach for this Initiating Resolution as this Resolution simply accepts the Annexation Petition and provides a schedule for upcoming Council hearings with a schedule and notification requirements that comply with State Statutes. Future Development – Church of Jesus Christ of Latter-Day Saints The Church of Jesus Christ of Latter-Day Saints has issued a press release indicating its desire to construct a temple on the property described by this annexation. The City’s Structure Plan Map and the Fossil Creek Reservoir Area Plan both provide guidance that the subject 18.03 acres should be zoned Urban Estate. A Place of Worship is a permitted use in the U-E zone, subject to review by the Planning and Zoning Board. A development review outreach neighborhood meeting is scheduled for September 14, 2011 to discuss the development review process for a future potential submittal of a Project Development Plan for a temple for the Church of Jesus Christ Latter Day-Saints. ATTACHMENTS 1. Vicinity Map 2. Zoning Map 3. Structure Plan Map ATTACHMENT 2 ATTACHMENT 3 RESOLUTION 2011-087 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE LEISTIKOW 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 Leistikow 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 Leistikow Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: Legal description of a parcel of land being Lot 2, of the Amended Leistikow MRD and a portion of the existing right-of-way of Timberline Road situate in Sections 17 and 18, Township 6 North, Range 68 West of the 6th P.M. Larimer County, Colorado being more particularly described as follows; Beginning at the Northwest Corner of said Section 17, and considering the North line of the Northwest Quarter of the Northwest Quarter of said Section 17 as bearing South 89<56’00” East and with all bearings contained herein relative thereto; thence along said North line, South 89<56’00” East 785.96 feet to the True Point of Beginning, said point being a point on the South line of Westchase Annexation No. 2 to the City of Fort Collins according to the plat on file in the office of the Clerk and Recorder said County; thence along said South line, South 89<56’00” East 140.27 feet; thence departing said South line, South 00<04’00” West 91.40 feet; thence South 75<01’11” West 126.44 feet; thence South 14<58’49” East 95.52 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 98<02’18” and a radius of 528.00 feet; thence Southwesterly along the arc of said curve 903.46 feet; thence departing said curve, South 07<22’24” East 175.33 feet; thence South 89<54’32” West 467.79 feet to a point on the West right-of-way line of said Timberline Road; thence along said West right-of-way line the following courses and distances, North 00<09’18” East 55.71 feet; thence South 89<54’44” East 10.00 feet; thence North 00<09’18” East 959.03 feet to a point on the South line of said Westchase Annexation No. 2; thence along said South line South 89<56’00” East 273.04 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 2<27’15” and a radius of 512.50 feet; thence Northeasterly along the arc of said curve 21.95 feet to the end of said curve; thence tangent from said curve North 87<36’45” East 95.36 feet to the beginning of a tangent curve concave to the Southeast having a central angle of 2<27’15” and a radius of 487.50 feet; thence Northeasterly along the arc of said curve 20.88 feet to the end of said curve; thence tangent from said curve, South 89<56’00” East 207.42 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 17<15’28” and a radius of 733.00 feet; thence Northeasterly along the arc of said curve 220.78 feet to the True Point of Beginning. The above described parcel contains 18.035 acres more or less. Section 2. That the City Council hereby finds and determines that the annexation petition for the Leistikow 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 Leistikow 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