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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/17/2017 - RESOLUTION 2017-092 FINDING SUBSTANTIAL COMPLIANCEAgenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY October 17, 2017 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Resolution 2017-092 Finding Substantial Compliance and Initiating Annexation Proceedings for the Water Treatment Facility Annexation No. 1. EXECUTIVE SUMMARY The purpose of this item is to initiate annexation proceedings for the Water Treatment Facility Annexation No. 1. This is a voluntary annexation. The City of Fort Collins is the applicant and has submitted a written petition requesting four sequential annexations. Water Treatment Facility Annexation No. 1 is the first Resolution of this series of four sequential annexations, and totals 0.101 acres of Laporte Avenue which establishes 1/6 perimeter boundary contiguity with the existing municipal boundaries to the east. The Water Treatment Facility Annexations form a flagpole-shaped annexation starting slightly east of the intersection of Sunset Street and Laporte Avenue and ending at 4316 Laporte Avenue. The requested zoning for this annexation is Urban Estate (UE) and Residential Foothills (RF) 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 0.101-acre City of Fort Collins Water Treatment Facility Annexation No. 1 total contiguous perimeter is 16.67% which satisfies the one-sixth (1/6) area required. Contiguity is gained from the 1998 Mountain View School Annexation (1.8016 acres). Agenda Item 8 Item # 8 Page 2 CITY FINANCIAL IMPACTS This annexation is not expected to have any financial impacts to the City of Fort Collins. 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 November 16, 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 November 21, 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. Location Map (PDF) 2. Water Treatment Facility Annexation No.1 (PDF) 3. Annexation Petition for Water Treatment Plant Annexation Nos. 1, 2, 3, and 4 (PDF) P l e asa n t V a l l e y a n d La k e C a n a l Lee Lake C o l l eg e L ak e Laporte Ave W Vine Dr S Overland Trl N Overland Trl ELEMENTARY IRISH POUDRE SR HIGH COMMUNITY POUDRE ACADEMY ADMINISTRATION PSD ROGERS PARK 0 550200 1,100 2,Feet 4 Water Treatment Facility Annexation No. 1, 2, 3, and 4 Annexation No. 3 Annexation No. 4 Annexation No. 2 Annexation No. 1 Document Path: S:\CDNS\Planning\Current Planning\Annexations\Water Date Treatment Saved: 10/Facility\2/2017 GIS\7:58:Map.28 mxd AM ATTACHMENT 1 COMMUNITY POUDRE ACADEMY ADMINISTRATION PSD Laporte Ave 0 65 130 260 Feet 4 Water Treatment Facility Annexation No. 1 Annexation No. 1 Document Path: S:\CDNS\Planning\Current Planning\Annexations\Water Date Treatment Saved: 10/Facility\2/2017 GIS\7:58:Map.28 mxd AM ATTACHMENT 2 DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 ATTACHMENT 3 DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 300 LaPorte Ave Fort Collins CO 80521 DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 DocuSign Envelope ID: F217EC65-91EC-4473-B706-7D9867686178 -1- RESOLUTION 2017-092 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE WATER TREATMENT FACILITY 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 Water Treatment Facility Annexation No. 1, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the Water Treatment Facility Annexation No. 1 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 Water Treatment Facility Annexation No. 1, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 9, AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9 TO BEAR N88°54'50"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3" ALUMINUM CAP STAMPED LS 20123, AND ON ITS WEST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34990, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, N88°54'50"W, A DISTANCE OF 198.01 FEET TO A POINT ON THE WEST BOUNDARY OF THE MOUNTAIN VIEW SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID WEST BOUNDARY, S00°33'03"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE; THENCE N77°23'52"W, A DISTANCE OF 150.27 FEET; -2- THENCE N79°31'38"E, A DISTANCE OF 149.72 FEET TO THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE AND THE WEST BOUNDARY OF SAID MOUNTAIN VIEW SCHOOL ANNEXATION; THENCE ALONG SAID WEST BOUNDARY, S00°33'03"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4,409 SQUARE FEET (0.101 ACRES), MORE OR LESS. Section 3. That the City Council hereby finds and determines that the annexation petition for the Water Treatment Facility Annexation No. 1 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 Water Treatment Facility Annexation No. 1 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- (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; and (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 17th day of October, 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 2017-092 initiating annexation proceedings for the Water Treatment Facility Annexation No. 1, consisting of approximately .101 acres of Laporte Avenue and generally located east of and adjacent to the intersection of Sunset Street and Laporte Avenue, said Annexation being more particularly described in Resolution 2017-092. That, on November 21, 2017, 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”) and Residential Foothills (“R-F”) Zone Districts. 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 17th day of October, A.D. 2017. _______________________________ City Clerk EXHIBIT A