The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/02/2004 - RESOLUTION 2004-033 FINDING SUBSTANTIAL COMPLIANCE ITEM NUMBER: 23 AGENDA ITEM SUMMARY DATE: March 2, 2004 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Resolution 2004-033 Finding Substantial Compliance and Initiating Annexation Proceedings forthe Prospect East 4th Annexation. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY This in an involuntary annexation. The area to be annexed is the entirety of an enclave that has been surrounded by the City of Fort Collins for more than three years; therefore, no annexation petition is required for this annexation. In accordance with CRS 31-12-106 Annexation of Enclaves, Partially Surrounded Land, and Municipally Owned Land,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 without complying with: • CRS 31-12-104 Eligibility forAnnexation; or • CRS 31-12-105 Limitations; or • CRS 31-12-108 Setting Hearing Date; or • CRS 31-12-109 Hearing if said area has been so surrounded for a period of not less than three years;except that notice of the proposed annexation ordinance shall be given by publication as provided by Section 31-12-108; however, for notices of annexation petitions and resolutions initiating annexation proceedings, no public hearing on the proposed annexation ordinance shall be required, and the first publication of notice shall be at least thirty days prior to the adoption of the ordinance. Applicant: City of Fort Collins Property Owner: Lucille Anderson Land 714 East Elizabeth Street Fort Collins, Colorado 80524 The property is 21.18 acres in size and is located on the south side of East Prospect Road, west of the Cache La Poudre River, and east of Sharp Point Drive. It is currently being used as an existing March 2, 2004 -2- Item No. 23 farm with a cow calving operation. There is a body of water (pond or lake) on the property. The proposed zoning for this annexation is RC—River Conservation. The surrounding properties are zoned RC - River Conservation and E -Employment in the City to the north, POL—Public Open Lands in the City to the east,E—Employment and POL-Public Open Lands in the City to the west, and POL—Public Open Lands in the City to the south. 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 Urban Growth Area. According to policies and agreements between the City of Fort Collins and Latimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree to consider annexation of property in the UGA when the property is eligible for annexation according to State law. This property is an enclave(completely surrounded by the City of Fort Collins since 1999)and gains the required 1/6 contiguity to existing City limits from common boundaries with the Prospect Land Company Annexation(September, 1992)to the north,the Cottonwood Hollow Annexation(January, 1999) to the east, and the East Prospect First Annexation (September, 1973)to the west and south. Planning and Zoning Board Recommendation: The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its regular monthly meeting on March 18, 2004, and will make its recommendation at that time. The Board's recommendation will be forwarded to the City Council prior to First Reading of the annexation and zoning ordinances. RESOLUTION 2004-033 OF THE COUNCIL OF THE CITY OF FORT COLLINS STATING THE INTENT OF THE CITY OF FORT COLLINS TO ANNEX CERTAIN PROPERTY AND INITIATING ANNEXATION PROCEEDINGS FOR SUCH PROPERTY TO BE KNOWN AS THE PROSPECT EAST 4TH 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 Prospect East 4th Annexation, situate in the County of Larimer, State of Colorado, to wit: A tract of land situate in the County of Larimer, State of Colorado, to-wit: A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO. CONSIDERING THE WEST LINE OF THE NORTHEAST'/4 OF SAID SECTION 20 AS BEARING SOUTH 020 02' 31" EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGINNING AT THE NORTH'/4 CORNER OF SAID SECTION 20,THENCE,S 020 02' 31" E 30.02 FEET ON AND ALONG THE WEST LINE OF THE NORTHEAST'/4 OF SAID SECTION 20 TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;CONTINUING S 02°02' 31"E 15.03 FEET ON AND ALONG THE WEST LINE OF THE NORTHEAST '/4 OF SAID SECTION 20, ALSO BEING THE EASTERLY LINE OF THE EAST PROSPECT FIRST ANNEXATION TO THE CITY OF FORT COLLINS, TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OR-WAY LINE OF EAST PROSPECT ROAD; CONTINUING, S 02' 02' 31" E 644.86 FEET ON AND ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 20, ALSO BEING THE EASTERLY LINE OF SAID EAST PROSPECT FIRST ANNEXATION; THENCE S 45°36' 31"E 962.28 FEET ON AND ALONG THE EASTERLY LINE OF SAID EAST PROSPECT FIRST ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 20; THENCE, S 89° 36' 31" E 350.03 FEET ON AND ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OR THE NORTHEAST 1/4 OF SAID SECTION 20,ALSO BEING THE NORTHERLY LINE OF SAID EAST PROSPECT FIRST ANNEXATION; THENCE, N 02°06' O1" E 518.90 FEET ON AND ALONG THE WESTERLY LINE OF THE COTTONWOOD ANNEXATION TO THE CITY OF FORT COLLINS;THENCE, N 400 00' 59" W 719.00 FEET ON AND ALONG THE WESTERLY LINE OF SAID COTTONWOOD ANNEXATION;THENCE N 09°41' 55"W 249.86 FEET ON AND ALONG THE WESTERLY LINE OF SAID COTTONWOOD ANNEXATION TO THE SOUTH RIGHT-OF-WAY LINE OF EAST PROSPECT ROAD; CONTINUING, N 09' 41' 55" W 15.24 FEET ON AND ALONG THE WESTERLY LINE OF SAID COTTONWOOD ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE PROSPECT LAND COMPANY ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 89' 32' 55" W 573.21 FEET ON AND ALONG SAID SOUTHERLY LINE OF THE PROSPECT LAND COMPANY ANNEXATION TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;CONTAINING 21.177 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 2nd day of March, 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 Prospect East 4th Annexation,said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That,on April 6,2004,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 City staff has recommended that the Property included in the Annexation be placed in the "RC" River Conservation 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 7th day of March, A.D. 2004. City Clerk Feb-25-04 08:03A p_O2 C- f I r� i ' I i POL I I i r I T Gt OL T E LMN RC CSU M UE T RC #2-04 East Prospect 1/20/04 Fourth Annexation 1 inch : 1000 feet