HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/19/2005 - RESOLUTION 2005-035 FINDING SUBSTANTIAL COMPLIANCE ITEM NUMBER: 26
AGENDA ITEM SUMMARY DATE: April 19, 2005
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Resolution 2005-035 Finding Substantial Compliance and Initiating Annexation Proceedings for
the Sunrise Ridge Annexation.
RECOMMENDATION
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY
The Sunrise Ridge Annexation is 10.34 acres in size. The site is located at 5101 South Strauss
Cabin Road, approximately one-half mile south of East Harmony Road on the west side of
Strauss Cabin Road. Contiguity with the existing municipal boundary is gained along the entire
eastern boundary which is shared with the west property line of the Willow Brook Subdivision
(Observatory Village). Contiguity is also gained along the entire northern boundary which is
shared with the south property line of Brookfield Subdivision (Morningside Townhomes).
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 June 7, 2005. Not less than 30 days prior, published notice
is required by State law.
BACKGROUND
This is a 100% voluntary annexation for a property located within the Growth Management
Area. The property satisfies the requirement that no less than one-sixth of the perimeter
boundary be contiguous to the existing City boundary.
ATTACHMENTS
1. Sunrise Ridge Annexation Vicinity Map
2. Sunrise Ridge Annexation Legal Description
3. Petition for Annexation
4. Sunrise Ridge Annexation/Structure Plan Amendment Vicinity Map
ATTACHMENT
VICINITY MAP
• � E
•E. HAARMONY
t,
q. OX ROAD
ANNf' - TION
o ' �
I o '8ITE �'� z
Z `t
D o Z
Z
to •\- '1 ^ - -
KE
Ln
N - — - r-ram a. .=--e-. •..
k BM
Z ry
rn _ MAID .
QO
V
c
c
m
v
rn
c
•c
c
c SCALE : 1" =2,000'
S
0
N
0
�-:-� MT 7
8 a ONI'ffOlAYff u— M992I N91 E oeS b/L MS 3H1 ONV 4 oeS j0 p
._ ONIYf1N10Nf 4/L 3S 3H1 NI 031VOOI ONVI d01OVN1 8
anwv NYINIYON
dVW NOIIVX3NNV 3001iJ 3SItlNf1S
U -{
W Rg 3tlfr@ ii�_ s
Qf i m Em'° E 141t' mru.�rrr.r�r �� _
N --adC'6N6ii49r --'r-'� tl1 a
rc __R_ ___ xm w_w_____
h
z �� 3 ��
J -
I N91 IN
� u
Rp
wj
LLJ M
w O " 8 ZNO a w
p ---- ------ --
W — - Am" 11 ~ as /JA
�si � 6� R5p5
p N II
W z Eq el { WILLOW BROOK
rn u I
VJ � 0 � p■ .tNI4Y1WN 1
1 '
w I
a z p asg fir` t
a Eta ; ee � a
ably
p H.
� kleMa � R23 !a kRio
�b
N H. 119� �atE '
,
j !v I gsgq �b
i �! b;kf 1 38b>i § I
_ 11 pb
�- ] s yy99
. i � M
b
s b
SU SS111 / T/ 0,' P' N T£ \ \ uue\a6p� asNung T£-b0\ Z\:d
ATTACHMENT
PETITION FOR ANNEXATION
THE UNDERSIGNED(hereinafter referred to as the"Petitioners") hereby petition the Council of
the City of Fort Collins, Colorado for the annexation of an are, to be referred to as the
Sunrise Ridge Annexation to the City of Fort
Collins. Said area, consisting of approximately 450,606 square feet (10.344) acres, is more
particularly described on Attachment"A," attached hereto.
The Petitioners allege:
1. That it is desirable and necessary that such area be annexed to the City of Fort Collins.
2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been
met.
3. That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is
contiguous with the boundaries of the City of Fort Collins.
4. That a community of interest exists between the area proposed to be annexed and the
City of Fort Collins.
5. That the area to be annexed is urban or will be urbanized in the near future.
6. That the area proposed to be annexed is integrated with or capable of being integrated
with the City of Fort Collins.
7. That the Petitioners herein comprise more that fifty percent(50%)of the landowners in the
area and own more than fifty percent(50%) of the area to be annexed, excluding public
streets, alleys and lands owned by the City of Fort Collins.
8. That the City of Fort Collins shall not be required to assume any obligations respecting the
construction of water mains, sewer lines, gas mains, electric service lines, streets or any
other services or utilities in connection with the property proposed to be annexed except
as may be provided by the ordinance of the City of Fort Collins.
Further, as an express condition of annexation, Petitioners consent to the inclusion into the
Municipal Subdistrict, Northern Colorado Water Conservancy District(the"Subdistrict") pursuant to §37-
45-136(3.6)C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners'
property will be subject to the same mill levies and special assessments as are levied or will be levied on
other similarly situated property in the Subdistrict at the time of inclusion of Petitioners' lands. Petitioners
agree to waive any right to an election which may exist pursuant to Article X, §20 of the Colorado
Constitution before the Subdistrict can impose such mill levies and special assessments as it has the
authority to impose. Petitioners also agree to waive, upon inclusion, any right which may exist to a refund
pursuant to Article X, §20 of the Colorado Constitution.
WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the
annexation of the area described on Attachment"A." Furthermore, the Petitioners request that said area
be placed in the L-M-N Zone District pursuant to the Land Use Code of the City of Fort Collins.
p' (Check box if applicable). The Petitioners reserve the right to withdraw this petition and their
signatures therefrom at any time prior to the commencement of the roll call of the City Council for the
vote upon the second reading of the annexation ordinance.
Individual Petitioners signing this Petition represent that they own the portion(s) of the area
described on Attachment"A" as more particularly described below:
A tract of land situate in the County of Larimer, State of Colorado, to-wit:
---.------.---_ - _ . -..__. - .._-. m... ___ .._,
"See Legal Description on Attachment 'A'
IN W TNESS WHEROF, I/we have executed this Petition for Annexation this 005 day of
Petitio s/ ners S�igna,�t�'re(K�elly,�Smith)
� Pe itioner's/Owners Signature Howard R. Mounts)
Petitioner's/Owner's Signature(Teresa Smith)
7890 Pheasant Run Lane 5101 S. County Road 7
Address Address
Wellington, CO. 80549 Fort Collins, CO 80528
City State Zip City State Zip
ATTACHMENT"A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the County of Lanmer, State of Colorado.,to-wit:
(DESCRIPTION:
"A portion of land located in the Northeast Quarter of the Northeast Quarter of the Southeast
,Quarter of Section 4 and the Southwest Quarter of Section 3, all in Township 6 North, Range
68 West of the 6th Principal Meridian, County of Larimer, State of Colorado being more
,particularly described as follows:
:Considering the East line of the Southeast Quarter of said Section 4 as bearing North
0303729" West and with all bearings contained herein relative thereto:
BEGINNING at the East Quarter comer of said Section 4; thence, North 8903615" East,
;30.04 feet to a point on the East right-of-way line of County Road No. 7; thence, along said
•East line, South 03037'29" East, 653.71 feet; thence, departing said East line, South
,89"41'27" West, 691.52 feet to a point on the East line of WILLOW BROOK; thence, along
said East line, North 03033'16" West, 652.42 feet to a point on the North line of the
.Southeast Quarter of said Section 4; thence, along said North line, North 89035'15" East,
660.61 feet to the POINT OF BEGINNING.
'The above described tract of land contains 450,606 square feet or 10.344 acres, more or
less and is subject to all easements and rights-of-way now on record or existing.
TOTAL PERIMETER.......................................... 2,688 LF
,CONTIGUOUS BOUNDARY............................ 1,313 LF (49%)
1/6th TOTAL PERIMETER REQUIRED............ 448 LF (16.66%)
ATTACHMENT'B"
STATE OF COLORADO )
)as.
COUNTY OF LARIMER )
The undersigned, being first duly sworn upon his oath states:
That he was the circulator of the attached Petition for Annexation and that each signature therein
is the signature of the person whose name it purports to be.
Circulator's Signature (Michael Chalona)
Subscribed and swum to before me this J� day of
by�� �r .( l�Or�f�
DIANA L. HOOVER
WITNESS my hand and official seal. Notary Public
State of Colorado
Commission Expiration Notary Public
ATTACHMENT"C"
ATTORNEY CERTIFICATION
I, Doug Dumler , an attorney licensed to practice in the State of
Colorado, hereby certify that, as of the date of this certificate, the signers of this Annexation Petition for
the area referred to as the Sunrise Ridge Annexation to the City of
Fort Collins are the owners of real property in the area proposed for annexation. Furthermore, I certify
that said owners constitute more than 50%of the landowners in the area proposed for annexation, as
said area is described on Attachment"A" of said Annexation Petition, and own more than 50%of the
land in said area, exclusive of streets and alleys.
3ZAkS
Datb Aignatibre Attorneq Reg. No.
ATTACHMENT 4
SKY GAZER LN
0
GALILEO DR F
OBSERVATORY DR OBSERVATORY DR 2
o.
a
O
( ` / —
O
w o FULL MOON DR
Z) S
C7 L: ECLIPSE LN W
STAR GAZER DR
FUTURE PARK KECHTER RD Dixon Canyon Lateral
E UNTY AD 36 ----
STALEY PARK ZACH ELEMENTARY
#13-05 Sunrise Ridge Annexation and Zoning N
and Structure Plan Amendment
Initiating Resolution
3P16/2005 ____., 1 inch: 600 feet
RESOLUTION 2005-035
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR THE
SUNRISE RIDGE 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
Sunrise Ridge 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 Sunrise Ridge
Annexation, more particularly described as 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 PORTION OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4 AND THE SOUTHWEST QUARTER
OF SECTION 3, ALL IN TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL
MERIDIAN,COUNTY OF LARIMER,STATE OF COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 AS
BEARING NORTH 03'37'29" WEST AND WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO:
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 4; THENCE, NORTH
89*3 5'15"EAST,30.04 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF COUNTY
ROAD NO. 7; THENCE,ALONG SAID EAST LINE, SOUTH 03'37129" EAST, 653.71 FEET;
THENCE,DEPARTING SAID EAST LINE,SOUTH 89*41127"WEST,691.52 FEET TO A POINT
ON THE EAST LINE OF WILLOW BROOK; THENCE, ALONG SAID EAST LINE, NORTH
03'33'16" WEST, 652.42 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 4; THENCE, ALONG SAID NORTH LINE,NORTH 89`35'15"
EAST, 660.61 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 450,606 SQUARE FEET OR 10.344
ACRES,MORE OR LESS AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY NOW
ON RECORD OR EXISTING.
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 annexation and zoning ordinances 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
19th day of April, A.D. 2005.
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 Sunrise Ridge Annexation, said Annexation
being more particularly described in said Resolution, a copy of which precedes this Notice.
That,on June 7,2005, 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 19th day of April, A.D. 2005.
City Clerk