PROPOSED ORDINANCE NO. _______ AN EMERGENCY ORDINANCE ANNEXING TO THE CITY OF BOULDER APPROXIMATELY 0.97...

PROPOSED ORDINANCE NO. _______ AN EMERGENCY ORDINANCE ANNEXING TO THE CITY OF BOULDER APPROXIMATELY 0.97 ACRES OF LAND GENERALLY LOCATED AT 2130 TAMARACK AVENUE, WITH AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL - ESTATE (RE) AS DESCRIBED IN CHAPTER 9-5, "MODULAR ZONE SYSTEM," B.R.C. 1981; AMENDING THE ZONING DISTRICT MAP FORMING A PART OF SAID CHAPTER TO INCLUDE SAID PROPERTY IN THE ABOVE-MENTIONED ZONING DISTRICT; AND SETTING FORTH RELATED DETAILS. THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, FINDS: A. The City Council passed a resolution initiating annexation of the enclave described in Exhibit A (the "Property") attached hereto and incorporated herein by this reference, on August 5, 2014. B. Evidence has been presented to the City Council that the Property has been entirely contained within the boundaries of the City of Boulder and has been so surrounded for at least three years. C. After a public hearing before the Planning Board of the City of Boulder, the Planning Board made a recommendation regarding annexation of the Property. D. Lynn Paul Baker and Cindy Lou Baker (the "Owners") are the owners of the Property. E. The Owners have requested that the City of Boulder unilaterally annex the Property. F. The Property is unincorporated area and is an enclave, as that term is defined in Section 31-12-103, C.R.S., and subject to annexation pursuant to Section 31-12-106, C.R.S., as this unincorporated area has been entirely contained within the outer boundaries of the City of Boulder since at least 1992 and no portion of said outer city boundaries consist at this time solely of public rights-of-way. G. The requirements of the Colorado Constitution and the Colorado Revised Statutes regarding annexation have been satisfied. H. The Property is located within Area II, with a land use designation of Low Density Residential and Open Space - Other in the Boulder Valley Comprehensive Plan and a land use classification of Estate Residential on the North Boulder Subcommunity Plan land use map. I. The Planning Board made a recommendation regarding annexation of the Property to the City of Boulder and amendment of the Zoning District Map adopted by the City Council to zone and include the Property in the Residential - Estate (RE) zoning district, as provided in Chapter 9-5, "Modular Zone System," B.R.C. 1981. J. The zoning of the Property is consistent with the Boulder Valley Comprehensive Plan, and bears a substantial relation to and will enhance the general welfare of the Property and of the residents of the City of Boulder. K. The City Council has jurisdiction and the legal authority to annex and zone the Property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, THAT: Section 1. The territory more particularly described in Exhibit A be, and the same hereby is, annexed to and included within the corporate boundaries of the City of Boulder. Section 2. Chapter 9-5, "Modular Zone System," B.R.C. 1981, and the Zoning District Map forming a part thereof, be, and the same hereby are, amended to include the Property within the Residential - Estate (RE) zoning district. Section 3. The annexation and zoning of the Property is necessary for the protection of the public health, safety, and welfare. Section 4. The City Council deems it appropriate that this ordinance be published by title only and directs the city clerk to make available the text of the within ordinance for public inspection and acquisition. Section 5. The Property is currently served by well and septic systems the safety of which has been severely compromised causing health and environmental risks and concerns. Annexation will allow and require immediate connection to City water and sewer services to eliminate and mitigate these risks. The City Council finds that an emergency is present and that this ordinance is necessary for the immediate preservation of the public peace, health, or property that this ordinance be effective immediately. READ ON FIRST READING, PASSED, ADOPTED AS AN EMERGENCY MEASURE BY TWO-THIRDS COUNCIL MEMBERS PRESENT AND ORDERED PUBLISHED BY TITLE ONLY this 5th day of August, 2014. Mayor Attest: City Clerk EXHIBIT A LEGAL DESCRIPTION THE WEST 140 FEET OF THE FOLLOWING DESCRIBED TRACT: A TRACT OF LAND IN THE NE 1/4 OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE S 1/4 CORNER OF SAID SECTION 18; THEN N 0°5'30" EAST ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION A DISTANCE OF 2,622.72 FEET; THENCE N 89°46'36" EAST, 587.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 89°46'36" EAST, 75.00 FEET; THENCE N 0°01'17" EAST, 30.00 FEET; THENCE N 89°46'36" EAST, 382.84 FEET; THENCE N0°02'23" WEST, 286.65 FEET; THENCE S 89°50'00" WEST, 457.53 FEET; THENCE S 0°01'17" WEST, 317.10 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF BOULDER, STATE OF COLORADO. Pub. in Camera July 6, 13, 20. 27, 2014 -5623392

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