Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/18/2017 - RESOLUTION 2017-067 FINDING SUBSTANTIAL COMPLIANCEAgenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Kai Kleer, Associate Planner SUBJECT Resolution 2017-067 Finding Substantial Compliance and Initiating Annexation Proceedings for the Newton Second Annexation. EXECUTIVE SUMMARY The purpose of this item is to initiate annexation proceedings for the Newton Second Annexation. This is a voluntary annexation. The applicants, Jim and Diana Newton, have submitted a written petition requesting two sequential annexation tracts. Newton Second Annexation is the second and last Resolution of this series of sequential annexations. Newton Second Annexation is located at 1516 West Vine Drive just east of Lincoln Middle School. The requested zoning for this annexation is Urban Estate (UE), which is in compliance with the City of Fort Collins Structure Plan and the Northwest Subarea Plan. 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 agrees to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The 1.376-acre Newton Second Annexation total contiguous perimeter is 18.94% which satisfies the one-sixth (1/6) area required. Because this is a series annexation, contiguity is gained from the associated annexation:  Newton First, 0.0703 acres, (2017) This annexation request is in conformance with 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. Agenda Item 14 Item # 14 Page 2 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 July 20, 2017, 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 September 5, 2017. Also, as noted, this is a voluntary annexation. 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 statues. ATTACHMENTS 1. Newton First and Second Vicinity Map (PDF) 2. Newton Second Vicinity Map (PDF) 3. Zoning Map (PDF) 4. Structure Plan Map (PDF) 5. Northwest Subarea Plan Framework Map (PDF) LINCOLN MIDDLE SCHOOL LINCOLN MIDDLE SCHOOL ALAMEDA ST W VINE DR ELM ST LYONS ST CLOVER LN ELM S T AZTEC DR N BRYAN AVE N FREY AVE LANCER D R Newton First and Second Annexation Vicinity Map CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: June 30, 2017 Legend Water City Limits Schools 0 0.03 0.06 0.09 0.12 Miles Scale 1 inch equals 333 feet © Path: C:\Users\kkleer\Desktop\AIR.mxd Newton First and Second Annexation Area ATTACHMENT 1 LINCOLN MIDDLE SCHOOL LINCOLN MIDDLE SCHOOL ALAMEDA ST W VINE DR ELM ST LYONS ST CLOVER LN ELM S T AZTEC DR N BRYAN AVE N FREY AVE LANCER D R Newton Second Annexation Vicinity Map CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: June 30, 2017 Legend Water City Limits Schools 0 0.03 0.06 0.09 0.12 Miles Scale 1 inch equals 333 feet © Path: C:\Users\kkleer\Desktop\AIR.mxd Newton Second Annexation Area ATTACHMENT 2 RL UE LMN NCL ALAMEDA ST W VINE DR ELM ST LYONS ST CLOVER LN ELM S T AZTEC DR N BRYAN AVE N FREY AVE LANCER D R Newton First and Second Annexation Zoning Map CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: June 30, 2017 Legend Water Low Density Mixed-Use Neighborhood (LMN) Neighborhood Conservation Low Density (NCL) Low Density Residential (RL) Urban Estate (UE) 0 0.03 0.06 0.09 0.12 Miles Scale 1 inch equals 333 feet © Path: C:\Users\kkleer\Desktop\AIR.mxd Newton First and Second Annexation Proposed Zoning: UE ATTACHMENT 3 RL UE LMN NCL ALAMEDA ST W VINE DR ELM ST LYONS ST CLOVER LN ELM S T AZTEC DR N BRYAN AVE N FREY AVE LANCER D R Newton First and Second Annexation Structure Plan Map CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: June 30, 2017 Structure Plan Land Use Urban Estate Low Density Mixed-Use Neighborhoods Open Lands, Parks and Stream Corridors Low Density Mixed-Use Neighborhood (LMN) Neighborhood Conservation Low Density (NCL) Low Density Residential (RL) Urban Estate (UE) 0 0.03 0.06 0.09 0.12 Miles Scale 1 inch equals 333 feet © Path: C:\Users\kkleer\Desktop\AIR.mxd Newton First and Second Annexation Area ATTACHMENT 4 RL UE LMN NCL ALAMEDA ST W VINE DR ELM ST LYONS ST CLOVER LN ELM S T AZTEC DR N BRYAN AVE N FREY AVE LANCER D R Newton First and Second Annexation Structure Plan Map CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: June 30, 2017 Structure Plan Land Use Urban Estate Low Density Mixed-Use Neighborhoods Open Lands, Parks and Stream Corridors Low Density Mixed-Use Neighborhood (LMN) Neighborhood Conservation Low Density (NCL) Low Density Residential (RL) Urban Estate (UE) 0 0.03 0.06 0.09 0.12 Miles Scale 1 inch equals 333 feet © Path: C:\Users\kkleer\Desktop\AIR.mxd Newton First and Second Annexation Area ATTACHMENT 4 -1- RESOLUTION 2017-067 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE NEWTON SECOND 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 Newton Second Annexation, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the Newton Second 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 Newton Second Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER , STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS : BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, ASSUMED TO BEAR S89°02'48"E. COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., THENCE ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3, S89°02'48"E A DISTANCE OF 264.53 FEET; THENCE DEPARTING SAID SECTION LINE, N00°57'12"E A DISTANCE OF 30.00 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF VINE DRIVE, THE NORTHERLY LINE OF THE LINCOLN JUNIOR HIGH SCHOOL SECOND ANNEXATION , AND THE WESTERLY LINE OF NEWTON FIRST ANNEXATION , SAID POINT BEING THE POINT OF BEGINNING; THENCE DEPARTING SAID LINES THE FOLLOWING FIVE (5) COURSES: 1. N00°49'22"E A DISTANCE OF 60.00 FEET; 2. N89°02'48'W A DISTANCE OF 150.00 FEET; -2- 3. N00°49'22"E A DISTANCE OF 300.00 FEET; 4. S89°02'48"E A DISTANCE OF 200.00 FEET; 5. S00°49'22'W A DISTANCE OF 360.00 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF VINE DRIVE, THE NORTHERLY LINE OF THE LINCOLN JUNIOR HIGH SCHOOL SECOND ANNEXATION , AND THE EASTERLY LINE OF NEWTON FIRST ANNEXATION ; THENCE ON SAID EASTERLY LINE, N10°35'02'W A DISTANCE OF 125.00 FEET; THENCE ON THE WESTERLY LINE OF SAID NEWTON FIRST ANNEXATION, S12°29'25'W A DISTANCE OF 125.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 59,938 SQUARE FEET OR 1.3760 ACRES. Section 3. That the City Council hereby finds and determines that the annexation petition for the Newton Second 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; (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 Newton Second Annexation -3- 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. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of July, A.D. 2017. _________________________________ 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 2017-067 initiating annexation proceedings for the Newton Second Annexation, consisting of approximately 1.37 acres and generally located at 1516 West Vine Drive, just east of Lincoln Middle School, said Annexation being more particularly described in Resolution 2017-067. That, on September 5, 2017, 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 (V/TDD: Dial 711 for Relay Colorado) for assistance. Dated this 18th day of July, A.D. 2017. _______________________________ City Clerk EXHIBIT A