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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/20/2004 - RESOLUTION 2004-011 FINDING SUBSTANTIAL COMPLIANCE ITEM NUMBER: 28 AGENDA ITEM SUMMARY DATE: January 20, 2004 FORT COLLINS CITY COUNCIL STAFF: Troy Jones SUBJECT Resolution 2004-011 Finding Substantial Compliance and Initiating Annexation Proceedings for Such Property to be Known as the Harmony Farm Second Annexation. RECOMMENDATION Staff recommends adoption of the Resolution EXECUTIVE SUMMARY The Harmony Farm Second Annexation consists of approximately 5.0 acres of privately owned property. The Annexation is an enclave located south of Harmony Road and east of Cambridge Avenue. The recommended zoning is the LMN zone district. BACKGROUND The annexation application complies with the applicable Colorado Revised Statutes, the Intergovernmental Agreement between Fort Collins and Larimer County, and the applicable criterion in the Fort Collins Land Use Code. The property is in the FA-1 Farming District in Larimer County. The recommended zoning is LMN. This is an involuntary annexation. In accordance with Colorado Revised Statues, when any unincorporated area is entirely contained within the boundaries of a municipality, the governing body may by ordinance annex such territory to the municipality if said area has been so surrounded for a period of not less than three years. This property has been surrounded by city since June 20, 2000. Contiguity with City limits occurs through a common boundary on the north with Ricketts Second Annexation (September 1993), on the east with the Johnson-Harmony Annexation (January 2000), on the south with the Kendal- Harmony Annexation(June 2000),and on the west with the Harmony Farm Annexation(July 1994). The property is located within the Fort Collins Growth Management Area (GMA). Staff is recommending that this property be included in the Residential Neighborhood Sign District, which was established for the purpose of regulating signs for non-residential uses in certain geographical areas of the City which may be particularly affected by such signs because of their predominantly residential use and character. A map amendment would be necessary to place this property on the Residential Neighborhood Sign District Map. THE PLANNING AND ZONING BOARD HEARING The Planning and Zoning Board will be make a recommendation on this application on February 19, 2004 at its regularly scheduled meeting. RESOLUTION 2004-011 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR SUCH PROPERTY TO BE KNOWN AS THE HARMONY FARM SECOND ANNEXATION WHEREAS, the property hereinafter described has, for a period of not less than three (3) years prior to this date,been completely contained within the boundaries of the City of Fort Collins; and WHEREAS, the Council desires to initiate annexation proceedings in accordance with law. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That, the Council of the City of Fort Collins intends to annex the following described property,to be known as the Harmony Farm Second Annexation,situate in the County of Larimer, State of Colorado, to wit: A tract of land situate in the County of Latimer, State of Colorado, to-wit: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS: CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 AS BEARING SOUTH 1 DEGREE 49 MINUTES 3 SECONDS EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO; COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 4 THENCE S 1* 49" 03" E 726.47 FEET ALONG SAID WESTERLY LINE OF THE NORTHEAST QUARTER TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTINUING, S 1' 49" 03" E 726.47 FEET ALONG SAID WESTERLY LINE ALSO BEING THE EASTERLY LINE OF THE HARMONY FARM ANNEXATION TO THE CITY OF FORT COLLINS;THENCE, S 89' 46' 03" E 300.00 FEET ALONG THE NORTHERLY LINE OF THE KENDALL- HARMONY ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 1° 49" 03" W 726.47 FEET ALONG THE WESTERLY LINE OF THE JOHNSON- HARMONY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 89° 46' 03" W 300.00 FEET ALONG THE SOUTHERLY LINE OF THE RICKETT'S SECOND ANNEXATION TO THE CITY OF FORT COLLINS TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;CONTAINING 5.00 ACRES MORE OR LESS. Section 2. That the Council hereby initiates annexation proceedings for the above- described property. Section 3. That the Notice attached hereto be adopted as a part of this Resolution. Said Notice establishes the date, time and place when a hearing will be held regarding the passage of an annexation ordinance pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in Section 31-12-108(2), C.R.S. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 20th day of January, A.D. 2004. Mayor ATTEST: City Clerk NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a Resolution initiating annexation proceedings for the Harmony Farm Second Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on March 2, 2004, 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 "LMN" Low Density Mixed Use Neighborhood 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 25th day of January, A.D. 2004. City Clerk LIPOL D E HARMONY R > - - -, E HARMONY RD a HC rr UT �C r L DE-7 LMN Fossil Ridge High School OUT #1 -04 Harmony Farm 2nd Annexation & Zoning 1/6/04 IN Type II (LUC) 1 inch : 600 feet