HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/03/2005 - RESOLUTION 2005-042 FINDING SUBSTANTIAL COMPLIANCE ITEM NUMBER: 21
AGENDA ITEM SUMMARY DATE: May 3, 2005
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Resolution 2005-042 Finding Substantial Compliance and Initiating Annexation Proceedings for
the Kingdom Hall Annexation.
RECOMMENDATION
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY
The Kingdom Hall Annexation is 3.87 acres in size. The site is 2104 Kechter Road located at
the northeast comer of South Timberline Road and Kechter Road. Contiguity with the existing
municipal boundary is gained along the entire west boundary which abuts Timberline Road the
Willow Springs subdivision.
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. Vicinity Map
2. Annexation Petition
ATTACHMENT
T
ad 12
.1 1
ED
N
T U
-------------
7f
JTFJ�-TTT I
I r
1H
T !
c .iJ-0
L N
4
-Ij
M
RD tEzdwt. , go
--Tr
cn
K
BACON ELEMENT AR
LMN
RD
#1 8-05A Kingdom Hall Annexation and Zoning N
A
4/8/2005 1 inch: 600 feet
ATTACHMENT
Poudre Valley Conlare2ation of Jehovah's Witness Annexation
City Structure Plan Consistency Statement March 2005
Project Summary
The 3.43 acre Poudre Valley Congregation of Jehovah's Witness Kingdom Hall site
is located at the northeast corner of Timberline and Kechter Roads. This site is currently
located outside the Fort Collins city limits and is zoned FAI- Farming Zoning District as
designated by the Larimer County Land Use Code. This application requests annexation
into the city and rezoning to Urban Estate as called for by the Fort Collins City Structure
Plan Map and Fossil Creek Reservoir Area Plan.
The overall purpose of this project is to build a church (place of worship or assembly)
a permitted use in the U-E District. A 5,000 square foot church building (Kingdom Hall
of Jehovah's Witnesses) is proposed at the site and will include a 600 square foot,
attached caretaker apartment.
This project will integrate a place of worship into the surrounding city structure. The
project will provide vehicular, pedestrian and bicycle access, update the visual
appearance of this intersection as well as provide roadway improvements making it
consistent with the principles and policies of the Fort Collins City Structure plan.
The following is an analysis of the key principals of the City Structure plan and how
the proposed project is consistent with these principals:
I. Compact development pattern. The Kingdom Hall plan, by virtue of its
function, does not contribute to a"compact" development pattern. However,
it is strategically located adjacent to urban scale residential developments and
purposefully sized to meet the needs of the neighbors in the immediate area.
2. Interconnect transit system. The project proposal site is situated on two
major corridors within the City. It can be easily accessed by transit systems
once the transit system is expanded in the future.
3. New activity centers in transit served areas. The Kingdom Hall will not
provide a major activity node in the immediate neighborhood. However, it
provides and important gathering place, as a place of worship, to the
neighborhood, thus answering the city plan goal as a destination location,
central to urban residential neighborhoods.
4. Interconnected system of open lands. The project site does not have
significant vegetation or habitat on site or in the immediate area. Therefore, it
does not inhibit the City Plan goal for interconnected open lands.
5. Growth Management Area Boundary. The project site is situated well
within the planned Growth Management Area Boundary and represents a
logical progression for annexation into the city limits.
6. Multiple means of travel. The proposed site provides for adequate parking
and circulation for vehicle travel. It demonstrates a safe location for bicycle
parking. It is situated on a major intersection, which will promote rapid
transit use by its members and guests. A network of sidewalks connects the
site with a planned public walkway system.
Poudre Valley Congregation of Jehovah's Witness
Petition for Annexation April 6, 2005
The undersigned (hereinafter referred to as "Petitioners") hereby petition the Council of the City
of Fort Collins, Colorado for the annexation of an area, to be referred to as the Kingdom Hall
Addition Annexation to the City of Fort Collins. Said area, consisting of approximately (3.43)
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 than 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 Tines, 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.
Kingdom Hall Annexation/Rezoning
April 6,2005
Page 1
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 Urban Estate Zone District pursuant to the Land Use Code of the
City of Fort Collins.
® (Check box if applicable). The Petitioners reserve the right to withdraw this petition and
their signatures there from 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:
A TRACT OF LAND SITUATE IN THE SW 1/4 OF SECTION 5, AND THE NW 1/4 OF
SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF
LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BASIS OF BEARING:THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF
SECTION 5, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M., IS ASSUMED
TO BEAR N 00010'00" W AND WITH ALL OTHER BEARINGS CONTAINED HEREIN
RELATIVE THERETO:
COMMENCING AT THE SW CORNER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 68
WEST;
THENCE ALONG THE SOUTH LINE OF THE SW 1/4 OF SAID SECTION 5,
N 89032'26" E FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING;
THENCE ALONG A LINE 30.00 FEET EAST AND PARALLEL WITH THE WEST LINE OF
SAID SW 1/4 OF SAID SECTION 5,N 00010'00" W FOR A DISTANCE OF 500.00 FEET;
THENCE N 89032'00" E FOR A DISTANCE OF 318.48 FEET;
THENCE S 00008'02" E FOR A DISTANCE OF 530.00 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF EAST COUNTY ROAD 36 (AKA KECHTER ROAD);
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE S 89032'26" W FOR A DISTANCE
OF 318.18 FEET TO A POINT ON A LINE LYING 30 FEET EAST OF AND PARALLEL
WITH THE WEST LINE OF SAID NW 1/4 OF SAID SECTION 8, TOWNSHIP 6 NORTH,
RANGE 68 WEST OF THE 6TH P.M.;
THENCE ALONG THE LINE LYING 30 FEET EAST AND PARALLEL WITH SAID WEST
LINE N 00010'00" W FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 3.87 ACRES FROM THIS SURVEY.
Kingdom Hall Annexation/Rezoning
April 6,2005
Page 2
IN WITNESS WfIEROF, Uwe have executed this Petition for Annexation this day of
, 2005.
Paul Poston, President Date
Poudre Valley Congregation of Jehovah's Witnesses
2104 East County Road 36
Fort Collins Colorado
Eric Vannoy, Secretaaz Dat
Poudre Valley Congregation of Jehovah's Witnesses
2104 East County Road 36
Fort Collins Colorado
awl Hate —
Poudre Valley Congregation of Jehovah's Witnesses
2104 East County Road 36
Fort Collins Colorado T
5�-/}nl�e�S1t�V5ky� / rPaSvyCr—
Kingdom Hall Annexation/Rezoning
April 6,2005
Page 3
ATTACHMENT"A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the County of Latimer, State of Colorado, to-wit:
A TRACT OF LAND SITUATE IN THE SW 1/4 OF SECTION 5, AND THE NW 1/4 OF
SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF
LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BASIS OF BEARING:THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF
SECTION 5, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M., IS ASSUMED
TO BEAR N 00010'00" W AND WITH ALL OTHER BEARINGS CONTAINED HEREIN
RELATIVE THERETO:
COMMENCING AT THE SW CORNER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 68
WEST;
THENCE ALONG THE SOUTH LINE OF THE SW 1/4 OF SAID SECTION 5,
N 89032'26" E FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING;
THENCE ALONG A LINE 30.00 FEET EAST AND PARALLEL WITH THE WEST LINE OF
SAID SW 1/4 OF SAID SECTION 5,N 00010'00" W FOR A DISTANCE OF 500.00 FEET;
THENCE N 89032'00" E FOR A DISTANCE OF 318.48 FEET;
THENCE S 00008'02" E FOR A DISTANCE OF 530.00 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF EAST COUNTY ROAD 36 (AKA KECHTER ROAD);
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE S 89032'26" W FOR A DISTANCE
OF 318.18 FEET TO A POINT ON A LINE LYING 30 FEET EAST OF AND PARALLEL
WITH THE WEST LINE OF SAID NW 1/4 OF SAID SECTION 8, TOWNSHIP 6 NORTH,
RANGE 68 WEST OF THE 6TH P.M.;
THENCE ALONG THE LINE LYING 30 FEET EAST AND PARALLEL WITH SAID WEST
LINE N 00010'00" W FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 3.87 ACRES FROM THIS SURVEY.
Kingdom Hall Annexation/Rezoning
April 6,2005
Page 4
ATTACHMENT`B"
STATE OF COLORADO )
)ss.
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 persons whose names it purports to be.
Circulator's Signature
Subsc ' ed and sworn to before me this iday of , 2005, by
e --�G �' _
WITNESS my hand and official seal.
Commission Expiration No Public
Kingdom Rall Annexation/Rezoning
April 6,2005
Page 5
ATTACHMENT"C"
F15CHL�R ATTORNEY CERTIFICATION
P. r, 06
I, 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 Kingdom Hall 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.
to Si a e Attorney Reg. No.
C
Kingdom Hall Annexation/Rezoning -
April 6,2005
Page 6
CITY OF FORT COLLINS
REZONING PETITION
To the City Council of the City of Fort Collins, Colorado.
I (We), the undersigned, do hereby respectfully petition and request that the City Council amend
the zoning ordinance of the City of Fort Collins by changing the zoning of the hereinafter
described parcel, containing 3.43 acres, more or less, from FA l- Farming zoning district to UE-
Urban Estate zoning district.
Petitioner/Owner:
oqr�,$)0-5
Paul Poston, President Date
Poudre Valley Congregation of Jehovah's Witnesses
2104 East County Road 36
Fort Collins Colorado
i
Eric Vannoy, Secretary- Date
Poudre Valley Congregation of Jehovah's Witnesses
2104 East County Road 36
Fort Collins Colorado
Poudre Valley Congregation of Jehovah's Witnesses
2104 East County Road 36
Fort Collins Colorado
Kingdom Hall Annexation/Rezoning
April 6,2005
Page 7
Legal Description
A TRACT OF LAND SITUATE IN THE SW 1/4 OF SECTION 5, AND THE NW 1/4 OF
SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF
LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BASIS OF BEARING:THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF
SECTION 5, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M., IS ASSUMED
TO BEAR N 00010'00" W AND WITH ALL OTHER BEARINGS CONTAINED HEREIN
RELATIVE THERETO:
COMMENCING AT THE SW CORNER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 68
WEST;
THENCE ALONG THE SOUTH LINE OF THE SW 1/4 OF SAID SECTION 5,
N 89032'26" E FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING;
THENCE ALONG A LINE 30.00 FEET EAST AND PARALLEL WITH THE WEST LINE OF
SAID SW 1/4 OF SAID SECTION 5,N 00010'00" W FOR A DISTANCE OF 500.00 FEET;
THENCE N 89032'00" E FOR A DISTANCE OF 318.48 FEET;
THENCE S 00008'02" E FOR A DISTANCE OF 530.00 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF EAST COUNTY ROAD 36 (AKA KECHTER ROAD);
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE S 89032'26" W FOR A DISTANCE
OF 318.18 FEET TO A POINT ON A LINE LYING 30 FEET EAST OF AND PARALLEL
WITH THE WEST LINE OF SAID NW 1/4 OF SAID SECTION 8, TOWNSHIP 6 NORTH,
RANGE 68 WEST OF THE 6TH P.M.;
THENCE ALONG THE LINE LYING 30 FEET EAST AND PARALLEL WITH SAID WEST
LINE N 000 10'00" W FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 3.87 ACRES FROM THIS SURVEY.
Kingdom Hall Annexation/Rezoning
April 6,2005
Page 8
RESOLUTION 2005-042
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR THE
KINGDOM HALL 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
Kingdom Hall 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 Kingdom Hall
Annexation, more particularly described as situate in the County of Latimer, State of Colorado, to
wit:
A TRACT OF LAND SITUATE IN THE SW 1/4 OF SECTION 5,AND THE NW
1/4 OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH
P.M., COUNTY OF LARIMER, STATE OF COLORADO, MORE
PARTICULARY DESCRIBED AS FOLLOWS:
BASIS OF BEARING:THE WEST LINE OF THE SOUTHWEST ONE QUARTER
OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M.,
IS ASSUMMED TO BEAR N 00°10'00"W AND WITH ALL OTHER BEARINGS
CONTAINED HEREIN RELATIVE THERETO:
COMMENCING AT THE SW CORNER OF SECTION 5,TOWNSHIP 6 NORTH,
RANGE 68 WEST;
THENCE ALONG THE SOUTH LINE OF THE SW 1/4 OF SAID SECTION 5,
N 89°32'26" E FOR A DISTANCE OF 30.00 FEET TO THE POINT OF
BEGINNING;
THENCE ALONG A LINE 30.00 FEET EAST AND PARALLEL WITH THE
WEST SECTION LINE OF SAID SECTION 5,N 00°10'00"W FOR A DISTANCE
OF 500.00 FEET;
THENCE N 89°32'00" E FOR A DISTANCE OF 318.48 FEET;
THENCE S 00°08'02" E FOR A DISTANCE OF 530.00 FEET TO A POINT ON
THE SOUTH RIGHT-OF-WAY LINE OF EAST COUNTY ROAD 36 (AKA
KECHTER ROAD);
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE S 89°32'26" W FOR A
DISTANCE OF 318.18 FEET TO A POINT ON A LINE LYING 30 FEET EAST
OF AND PARALLEL WITH THE WEST SECTION LINE OF SECTION 8,
TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M.;
THENCE ALONG THE LINE LYING 30 FEET EAST AND PARALLEL WITH
SAID SECTION LINE N 00°10'00" W FOR A DISTANCE OF 30.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 3.87 ACRES.
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
3rd day of May, 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 Jehovah's Witnesses Kingdom Hall 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
"UE" Urban Estate 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 3rd day of May, A.D. 2005.
City Clerk