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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/04/2018 - RESOLUTION 2018-080 FINDING SUBSTANTIAL COMPLIANCEAgenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY September 4, 2018 City Council STAFF Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT Resolution 2018-080 Finding Substantial Compliance and Initiating Annexation Proceedings for the Sanctuary on the Green Annexation. EXECUTIVE SUMMARY The purpose of this item is to annex the Sanctuary on the Green Annexation. The applicant, Solitaire Homes, has submitted a written petition requesting annexation of 16.98 acres. The site is 325 North Taft Hill Road and generally located near the northwest corner of North Taft Hill Road and LaPorte Avenue. The site is vacant. The requested zoning for this annexation is L-M-N, Low Density Mixed-Use Neighborhood. The property is located within the Northwest Subarea Plan. 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. This is a voluntary annexation 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. Pursuant to 31-12-107, C.R.S., if the annexation petition is in substantial compliance with the requirements of 31-12-107, C.R.S., Council is required to adopt a resolution finding substantial compliance and setting a hearing. The property is located within the Fort Collins Growth Management Area. Pursuant to the Intergovernmental Agreement for the Fort Collins Growth Management Area between the City and Larimer County, the City agrees to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The proposed zoning is L-M-N, Low Density Mixed-Use Neighborhood which is in compliance with the Northwest Subarea Plan. Agenda Item 13 Item # 13 Page 2 This is a voluntary annexation. Contiguity is gained on three sides resulting in 65.55 of the total perimeter boundary being contiguous to the existing City boundary. State statute requires an annexation to achieve one- sixth, or 16.66%, contiguity. 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 September 20, 2018 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 October 16, 2018. 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. A neighborhood information meeting was held, however, for the pending annexation and zoning for a future Project Development Plan that would include the subject site, in combination with the adjoining 27 acres west of the New Mercer Canal and also owned by the applicant. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan map (PDF) 3. Zoning map (PDF) Annexation Area N HiDllrcrest Lancer Dr Cherry St W Oak St Grandview Ave C o riand e r Ln Bellwether Ln N Briarwood Rd Plains Ct W Mountain Ave Stephens St Pennsylvania St Tarragon Ln Webb Ave Irish Dr Hillcrest Dr S Impala Dr Briarwood Rd B asil Ln N Impala Dr M e rce r Dr Laporte Ave W Vine Dr S Taft Hill Rd N Taft Hill Rd Sanctuary Annexation on and the Zoning Green CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: August 14, 2018 Parcels Buildings City Limits © 0 500 1,000 Feet Annexation Area N HiDllrcrest Lancer Dr Cherry St W Oak St Grandview Ave C o riand e r Ln Bellwether Ln N Briarwood Rd Plains Ct W Mountain Ave Stephens St Pennsylvania St Tarragon Ln Webb Ave Irish Dr Hillcrest Dr S Impala Dr Briarwood Rd B asil Ln N Impala Dr M e rce r Dr Laporte Ave W Vine Dr S Taft Hill Rd N Taft Hill Rd Sanctuary Structure on Plan the Map Green CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: August 14, 2018 Parcels Buildings Structure Plan ZONE C Low Density Mixed-Use Neighborhood (LMN) Public Open Lands (POL) © 0 250 500 Feet ATTACHMENT 2 Annexation Area N HiDllrcrest Cherry St W Oak St Grandview Ave C o riand e r Ln Bellwether Ln N Briarwood Rd Plains Ct W Mountain Ave Stephens St Pennsylvania St Tarragon Ln Webb Ave Irish Dr Hillcrest Dr S Impala Dr Briarwood Rd B asil Ln N Impala Dr M e rce r Dr Laporte Ave W Vine Dr S Taft Hill Rd N Taft Hill Rd RL T RL LMN LMN NCL UE POL Sanctuary Zoning on Map the Green CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: August 14, 2018 Parcels Buildings City Zoning ZONE -1- RESOLUTION 2018-080 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE SANCTUARY ON THE GREEN 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 Sanctuary on the Green Annexation, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the Sanctuary on the Green 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 Sanctuary on the Green Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A PARCEL OF LAND SITUATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9; THENCE SOUTH 89°38’45" EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, A DISTANCE OF 50.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF NORTH TAFT HILL ROAD; THENCE, ALONG SAID EASTERLY RIGHT-OF-WAY, THE FOLLOWING NINE (9) COURSES; 1. SOUTH 06°21’44" WEST, A DISTANCE OF 100.00 FEET; 2. SOUTH 00°37'23" WEST, A DISTANCE OF 318.81 FEET; 3. NORTH 89°22'23" WEST, A DISTANCE OF 10.00 FEET; 4. SOUTH 00°37'23" WEST, A DISTANCE OF 250.00 FEET; 5. SOUTH 89°22'23" EAST, A DISTANCE OF 20.00 FEET; 6. SOUTH 00°37'23" WEST, A DISTANCE OF 474.18 FEET; 7. NORTH 89°30'07" WEST, A DISTANCE OF 7.50 FEET; -2- 8. SOUTH 00°37'24" WEST, A DISTANCE OF 101.02 FEET; 9. SOUTH 52°54'45" EAST, A DISTANCE OF 61.20 FEET TO A POINT ON THE NORTHERLY RIGHT- OF-WAY OF LAPORTE AVENUE; THENCE SOUTH 89°30'06" EAST, ALONG SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 88.28 FEET; THENCE SOUTH 00°37'23" WEST, A DISTANCE OF 42.50 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10; THENCE NORTH 89°30'07" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 180.00 FEET TO THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 9; THENCE NORTH 00°37'23" EAST, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 9, A DISTANCE OF 380.78 FEET; THENCE NORTH 89°11'28" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE WESTERLY RIGHT- OF-WAY OF SAID NORTH TAFT HILL ROAD; THENCE NORTH 00°37'23" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 210.00 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN THE DOCUMENT RECORDED UNDER RECEPTION NUMBER 20170065218 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER; THENCE, ALONG THE BOUNDARY OF SAID PARCEL, THE FOLLOWING SEVENTEEN (17) COURSES; 1. NORTH 89°11'28" WEST, A DISTANCE OF 140.00 FEET; 2. SOUTH 00°37'23" WEST, A DISTANCE OF 210.00 FEET; 3. NORTH 89°11'28" WEST, A DISTANCE OF 449.79 FEET; 4. NORTH 07°27'22" WEST, A DISTANCE OF 88.61 FEET; 5. NORTH 05°33'47" EAST, A DISTANCE OF 50.50 FEET; 6. NORTH 28°31'47" EAST, A DISTANCE OF 60.60 FEET; 7. NORTH 53°20'47" EAST, A DISTANCE OF 82.24 FEET; 8. NORTH 49°50'47" EAST, A DISTANCE OF 95.75 FEET; 9. NORTH 32°12'47" EAST, A DISTANCE OF 49.00 FEET; 10. NORTH 14°59'47" EAST, A DISTANCE OF 58.00 FEET; 11. NORTH 01°50'13" WEST, A DISTANCE OF 48.30 FEET; 12. NORTH 45°12'13" WEST, A DISTANCE OF 43.03 FEET; 13. NORTH 78°09'13" WEST, A DISTANCE OF 269.50 FEET; 14. NORTH 51°19'13" WEST, A DISTANCE OF 228.00 FEET; 15. NORTH 59°37'13" WEST, A DISTANCE OF 306.00 FEET; -3- 16. NORTH 30°00'13" WEST, A DISTANCE OF 138.83 FEET, TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9; 17. SOUTH 89°09'04" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1204.72 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY OF NORTH TAFT HILL ROAD; THENCE CONTINUING SOUTH 89°05'56" EAST, A DISTANCE OF 40.08 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 16.988 ACRES, (739,986 SQUARE FEET), MORE OR LESS. Section 3. That the City Council hereby finds and determines that the annexation petition for the Sanctuary on the Green 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 Sanctuary on the Green 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; -4- (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 4th day of September, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk NOTICE OF PUBLIC HEARINGS ON THE PROPOSED 2019 AND 2020 CITY OF FORT COLLINS BIENNIAL BUDGET Notice is hereby given that public hearings will be held in the Council Chambers in City Hall West, 300 LaPorte Avenue in the City of Fort Collins, Colorado, on Tuesday, the 18th day of September, 2018, and Tuesday, the 2nd day of October, 2018, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing, to receive public input on the proposed 2019 and 2020 City of Fort Collins biennial budget. 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. The proposed budget is on file and available for public inspection at the Office of the City Clerk at City Hall West, 300 LaPorte Avenue, Fort Collins, Colorado. Dated this 4th day of September, A.D. 2018. City Clerk EXHIBIT A Low Density Mixed-Use Neighborhood (LMN) Neighborhood Conservation Low Density (NCL) Public Open Lands (POL) Low Density Residential (RL) Transition (T) © 0 250 500 Feet ATTACHMENT 3