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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/06/1999 - RESOLUTION 99-85 FINDING SUBSTANTIAL COMPLIANCE AN ITEM NUMBER: 23 AGENDA ITEM SUMMARY DATE: July 6, 1999 • FORT COLLINS CITY COUNCIL STAFF: Ronald G. Fuchs (i SUBJECT : i Resolution 99-85 Finding Substantial Compliance and Initiating Annexation Proceedings for the Willow Brook Second Annexation. i 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 75.22 acres of privately owned property located west of County Road 7 and north of County Road 36. The existing use of the property is agricultural in Larimer County. The proposed zoning for this annexation is LMN - Low Density Mixed-Use Neighborhood District. 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 August 17, 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 Larimer 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 Willow Brook Annexation No. 1, which achieved its contiguity through the Johnson Harmony Annexation to the north(subject to Second Reading on July 20, 1999,of Johnson-Harmony Annexation#4-99). Further, the annexation is consistent with the Fossil Creek Reservoir Area Plan, which requires certain property to be annexed prior to development. The annexation is made up of one parcel. The owner of record: • Thomas Morroni-Electrical Equipment Engineering Company - Employee Profit Sharing Trust- P.O. Box 16383, Denver, CO 80216 DATE: July 6, 1999 2 ITEM NUMBER: 23 Planning and Zoning Board Hearing The Planning and Zoning Board conducted a public hearing on the annexation and zoning request at its meeting on July 1, 1999. At that meeting,the Board recommended approval of the annexation and approval of LMN - Low Density Mixed-Use Neighborhood District zoning. . RESOLUTION 99-85 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE WILLOW BROOK SECOND 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 Willow Brook Second 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 Willow Brook Second Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A PARCEL OF LAND SITUATE IN THE SOUTHEAST QUARTER OF . SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4, T6N, R68W; AND CONSIDERING THE WEST LINE OF THE SOUTHEAST QUARTER TO BEAR NO3°20'00"W, WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG SAID WEST LINE OF THE SOUTHEAST QUARTER NO3°20'00"W, 624.68 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID WEST LINE OF THE SOUTHEAST QUARTERN03°20'00"W,672.68 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTERN89°47'37"E,1324.46 FEET;THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTERN03°28'30"W, 1302.30 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER N89°35'15"E, 660.39 FEET; THENCE S03°33'16"E, 2639.67 FEET; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 36, N90°00'00"W, 1643.11 FEET; THENCE NO3°20'00"W, 654.73 FEET; THENCE N90°00'00"W, 349.25 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL CONTAINS 75.22 ACRES MORE OR LESS. • 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 6th day of July, 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 Willow Brook Second Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on August 17, 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 lth day of July, A.D. 1999. City Clerk • i 3d L------H7armonyoal 1� OUT `� OUT I I ! „� HC , I • , I i �\ \\ 0 UT� f OUT of I: I I 1 ! OUT I II I I I I I I I it VICINITY MAP 06114199 #8-99 & #8-99A Willow Brook a Annexation & Zoning No. land No. 2 1"= 1000'