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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/05/1999 - RESOLUTION 99-118 FINDING SUBSTANTIAL COMPLIANCE AGENDA ITEM SUMMARY ITEM NUMBER: 13 DATE: October 5, 1999 is FORT COLLINS CITY COUNCIL STAFF: Ronald G. Fuchs SUBJECT: Resolution 99-118 Finding Substantial Compliance and Initiating Annexation Proceedings for the Brookfield Annexation. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: This is a request for a 100%voluntary annexation. The property being considered for annexation is approximately 43.01 acres in size and is located south of East Harmony Road,east of Cinquefoil Lane alignment, west of County Road 7 and north of County Road 36. The existing uses of the properties are agricultural in Latimer County. The proposed zoning for this annexation is Harmony Corridor District (HC). The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on November 16, 1999. Not less than thirty days prior published notice is required by State law. BACKGROUND: The property is located within the Fort Collins Urban Growth Area(UGA). 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. The property gains its 1/6 contiguity from the common boundary with the Stute Second Annexation (September 17, 1985) to the east, Willow Brook First 9 and Willow Brook Second Annexation (effective September 17, 1999) to the south, and the Johnson Harmony Annexation (effective September 17, 1999)to the north and west. Further,the annexation is consistent with the Harmony Corridor Plan, which requires certain property to be annexed prior to development. DATE: October 5, 1999 2 ITEM NUMBER: 13 The annexation is made up of one parcel. The owner of record is: Thomas Morroni Electrical Equipment Engineering Company - Employee Profit Sharing Trust P.O. Box 16383 Denver, CO 80216 Plannine and Zoning Board Hearine The Planning and Zoning Board conducted a public hearing on the annexation and zoning request at its meeting on September 16, 1999. At that meeting, the Board recommended approval of the annexation and approval of Harmony Corridor District(HC)zoning subject to the following request: The Brookfield Annexation should include the Fossil Creek Inlet Ditch adjacent to the applicant's parcel east property line and be included in the annexation. RESOLUTION 99-118 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE BROOKFIELD ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, was heretofore filed with the City Clerk requesting the annexation of certain property to be known as the Brookfield Annexation: and WHEREAS,the Council of the City of Fort Collins 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 hereby accepts the annexation petition for the Brookfield Annexation,more particularly described as situate in the County of Latimer, State of Colorado, to wit: A TRACT OF LAND SITUATE IN THE NORTHEAST 1/4 OF SECTION 4,TOWNSHIP 6 NORTH, • RANGE 68 WEST OF THE SIXTH P.M., LARIMER COUNTY, COLORADO, WHICH CONSIDERING THE NORTH LINE OF THE SAID NORTHEAST 1/4 AS BEARING DUE EAST AND WILL ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT WHICH BEARS S0200YE,25.00 FEET,AND AGAIN N89°54'E,563.60 FEET,AND AGAIN EAST 333.43 FEET,AND AGAIN s02OO 1'30"E, 1292.61 FEET FROM THE NORTH'A CORNER OF SAID SECTION 4 AND RUN THENCE EAST 1408.17 FEET TO A POINT ON THE EASTERLY LINE OF THE FOSSIL CREEK INLET DITCH; THENCE ALONG SAID EASTERLY LINE Sll051'00"E, 723.93 FEET, AND AGAIN S21048'00"E,375.75 FEET,AND AGAIN S24006'00"E,253.40 FEET TO A POINT ON THE EAST LINE OF THE SAID NORTHEAST /4;THENCE S0201730"E.53.06 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 4, THENCE ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 4 N89006'45"w. 1754.93 FEET; THENCE N02003'30"w, 1315.38 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED TRACT CONTAINS 47.33 ACRES MORE OR LESS AND 1 S SUBJECT TO ANY CONDITIONS,RIGHT-OF-WAY OR EASEMENTS OF RECORD OR THAT AS NOW EXIST ON THE GROUND. Section 2. That the Council hereby finds and determines that the annexation petition and accompanying map are in substantial compliance With the Municipal Annexation Act. 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 public 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 the Municipal Annexation Act. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 5th day of October, A.D. 1999. Mayor ATTEST: City Clerk 2 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 Brookfield Annexation,said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That,on November 16, 1999,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 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. At such hearing, any persons may appear and present such evidence as they may desire. 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 for assistance. Dated this 1 Oth day of October, A.D. 1999. City Clerk I i i y 7 \ ai.• i • 11 T _ + i + • t . y i r 4 I i i i VICINITY MAP 07/29/99 #18-99 Brookfield Annexation & Zoning Type II (LUC) 1"=1000' h y I.OIu•Y..p I1I �� I� v�•\YI\Y •nh111� ��.11•• � — �� s