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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/05/2016 - RESOLUTION 2016-031 FINDING SUBSTANTIAL COMPLIANCEAgenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY April 5, 2016 City Council STAFF Ted Shepard, Chief Planner SUBJECT Resolution 2016-031 Finding Substantial Compliance and Initiating Annexation Proceedings for the Mountain's Edge Annexation. EXECUTIVE SUMMARY The purpose of this item is to annex the Mountain’s Edge First Annexation. The applicant, The Landhuis Company c/o Mr. Jeff Mark, has submitted a written petition requesting annexation of 18.516 acres located at 2430 South Overland Trail which presently contains one single family home. The requested zoning for this annexation is L-M-N, Low Density Mixed-Use Neighborhood. In accordance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer County, the City of Fort Collins agrees to annex land that meets the minimum contiguity requirement, and based on a voluntary petition to annex for the purpose of redeveloping the subject parcel. 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. 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. The subject property gains the required one-sixth (16.66%) contiguity to existing City limits from three sides. As a result, there is 84.30% of the total perimeter contiguous to the existing municipal boundary which exceeds the required minimum. Contiguity is gained in the following manner: East: Herring Annexation, 103 acres, (1977), now known as the Brown Farm Subdivision. South: Dixon Creek Annexation, 58.7 acres, (1980), now known as the Quail Hollow Subdivision. West: Pine Ridge Third Annexation, 102 acres, (1999), now part of the Pine Ridge Natural Area. Agenda Item 17 Item # 17 Page 2 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. CITY FINANCIAL IMPACTS There are no City financial impacts associated with this request. 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 April 7, 2016, 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 17, 2016. 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. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Annexation Petition (PDF) Site - Mountain's Edge Annexation & Zoning W S t u a r t S t H a m p s h i r e R d W S t u Y o r k s h i r e S t Hughes Stadium County Rd 42C S Taft Hill Rd W Elizabeth St W Prospect Rd W Drake Rd W Horsetooth Rd W County Ro a d 38E W H arm o ny Rd S Overland Trl Major Street Names Annexation City Limits Growth Management Area Mountains's Edge Annexation & Zoning ± Vicinity Map 1 inch = 2,000 feet ATTACHMENT 1 Site - Mountain's Edge Annexation W S t u a r t S t H a m p s h i r e R d W S t uart S t Y o r k s h i r e S t County Rd 42C W Elizabeth St S Taft Hill Rd W Prospect Rd W Horsetooth Rd W Drake Rd W Coun t y Road 38E W Harmo n y Rd S Overland Trl Mountain's Edge Annexation Structure Plan Boundaries Fort Collins GMA Potential GMA Expansion City Limits County Boundary Districts Neighborhood Commercial District Campus District Neighborhoods Site - Mountain's Edge Annexation & Zoning - L-M-N W S t u a r t S t H a m p s h i r e R d Y o r k s h i r e S t County Rd 42C W Horsetooth Rd W Drake Rd W Prospect Rd RF LMN MMN POL UE RL NC Growth Management Area City Zoning Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Neighborhood Commercial (NC) Public Open Lands (POL) Residential Foothills Low Density Residential Urban Estate (UE) Mountain's Edge Annexation ± Zoning 1 inch = 1,250 feet ATTACHMENT 3 ATTACHMENT 4 -1- RESOLUTION 2016-031 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE MOUNTAIN’S EDGE 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 Mountain’s Edge Annexation, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the Mountain Edge’s Annexation 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 makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby accepts the annexation petition for the Mountain’s Edge Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A PORTION OF THE SW 1/4 OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF SECTION 21 AND RUN THENCE EAST 655.51 FEET; THENCE NORTH 1393.18 FEET; THENCE WEST 651.78 FEET, MORE OR LESS, TO THE WEST LINE OF SECTION 21; THENCE SOUTH 1393 FEET, MORE OR LESS TO THE POINT OF BEGINNING; LESS THAT PORTION AS CONVEYED TO THE CITY OF FORT COLLINS JANUARY 25, 1967 IN BOOK 1353 AT PAGE 280, AND THAT PORTION CONVEYED TO LARIMER COUNTY FEBRUARY 21, 1968 IN BOOK 1380 AT PAGE 296 SAID PARCEL OF LAND CONTAINS 18.516 ACRES, MORE OR LESS. Section 3. That the City Council hereby finds and determines that the annexation petition for the Mountain’s Edge Annexation is in substantial compliance with the Municipal Annexation Act in that the annexation petition contains the following: (1) An allegation that it is desirable and necessary that such area be annexed to the municipality; (2) An allegation that the requirements of Colorado Revised Statutes sections 31-12- 104 and 31-12-105 exist or have been met; -2- (3) An allegation that the signers of the petition comprise more than fifty percent of the landowners in the area and own more than fifty percent of the area proposed to be annexed, excluding public streets and alleys and any land owned by the annexing municipality; (4) The signatures of such landowners; (5) A request that the annexing municipality approve the annexation of the area proposed to be annexed; (6) The mailing address of each such signer; (7) The legal description of the land owned by such signer; (8) The date of signing of each signature; and (9) The affidavit of the circulator of such petition that each signature therein is the signature of the person whose name it purports to be. Section 4. That the City Council hereby finds and determines that the annexation map, four copies total, accompanying the annexation petition for the Mountain’s Edge Annexation is in substantial compliance with the Municipal Annexation Act in that the map contains the following: (1) A written legal description of the boundaries of the area proposed to be annexed; (2) A map showing the boundary of the area proposed to be annexed; (3) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; (4) Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. Section 5. That the Notice attached hereto as Exhibit “A” 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. -3- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of April, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2016-031 initiating annexation proceedings for the Mountain’s Edge Annexation, consisting of approximately 18.5 acres and generally located at 2430 South Overland Trail, Fort Collins, Colorado, said Annexation being more particularly described in Resolution 2016-031. That, on May 17, 2016, 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 Low Density Mixed-Use Neighborhood (“L-M-N”) 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 5th day of April, A.D. 2016. _______________________________ City Clerk EXHIBIT A Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Edges Foothills Corridors Open Lands, Parks and Water Corridors Enhanced Travel Corridor (Transit) © 1 in = 0.4 miles ATTACHMENT 2