HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/02/2008 - RESOLUTION 2008-114 FINDING SUBSTANTIAL COMPLIANCE ITEM NUMBER: 20
AGENDA ITEM SUMMARY DATE: December 2, 2008
FORT COLLINS CITY COUNCIL STAFF: Ken Waldo
SUBJECT
Resolution 2008-114 Finding Substantial Compliance and Initiating Annexation Proceedings for the
Eagle View Third Annexation.
RECOMMENDATION
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY
The proposed Resolution makes findings that the voluntary petition for the Eagle View Third
Annexation substantially complies with the Municipal Annexation Act, determines that a hearing
should be established regarding the annexation,and directs that notices be given of the hearing. The
hearing will be held at the time of second readings of the annexation and zoning ordinances,
scheduled for January 6, 2009. Not less than thirty days of prior notice is required by State law.
The annexation request is in conformance with the State of Colorado Revised Statutes as they relate
to annexations, the City of Fort Collins Comprehensive Plan (City Plan), the Larimer County and
City of Fort Collins Intergovernmental Agreements, the City of Fort Collins Land Use Code, and
the Harmony Corridor Plan and the Fossil Creek Reservoir Area Plan.
BACKGROUND
Applicant and Property Owner: Dale and Terri Brown
On November 21, 2008 the Petitioners (Dale and Terri Brown) submitted an Annexation Petition
for the Eagle View Third Annexation. The "L" shaped Eagle View Third Annexation is a request
to re-annex certain portions of Kechter Road and Strauss Cabin Road which were disconnected from
the City by Council action on October 14, 2008, and to annex other portions of those roads. Thus,
the annexation mainly includes road rights-of-way including about 1/4 mile of the right-of way of
Kechter Road,from its intersection with Strauss Cabin Road to a point about 1/4 mile west of I-25,
and about 1/2 mile of the right-of way of Strauss Cabin Road, from its intersection with Kechter
Road to a point about 1/2 mile south of Harmony Road. Total size of the annexation is 5.9 acres
with the Petitioners owning approximately .16 acres on the south side of Kechter Road.
The existing land uses and zoning of surrounding properties are as follows:
December 2, 2008 -2- Item No. 20
North of Kechter Road and east of Strauss Cabin Road:
• County - FA-1 Farming, mostly undeveloped, but includes the 4-lot Buderus Minor
Residential Development (MRD) containing a couple of single-family homes on large lots
near the intersection of Kechter and Strauss Cabin Roads.
South of Kechter Road and east of Strauss Cabin Road:
• County FA-1 Farming, the City-owned Eagle View Natural Area (currently in the process
of being annexed); and the Brown Minor Land Division(MLD) containing a single-family
home (the Petitioner's residence)
West of Strauss Cabin Road and north of Kechter Road:
• City LMN, Low Density Mixed Use Neighborhood, Sunrise Ridge 2nd Subdivision
residential development; and County FA-1 Farming, four 5-acre lots with single-family
homes.
The area of the Eagle View Third Annexation is located totally within the Fort Collins Growth
Management Area(GMA). According to policies and agreements between the City of Fort Collins
and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth
Management Area, the City will agree to consider annexation of property in the GMA when the
property is eligible for annexation according to State law. The Eagle View Third Annexation gains
its required 1/6 contiguity to existing City limits mainly from a common boundary with the Sunrise
Ridge Annexation(May 2005)and the Sunrise Ridge Second Annexation(March 2006)to the west
of the Strauss Cabin Road, but also from the McCelland's Creek PD & PLD Second Filing
Annexation (September 2007) at the Kechter/Strauss Cabin Road intersection.
Planning and Zoning Board Recommendation:
The Planning and Zoning Board will conduct a public hearing on the annexations and zoning
requests at its regular monthly meeting on December 11,2008,and will make its recommendations
at that time. The Board's recommendations will be forwarded to Council in time for the public
hearing and second reading of the annexation and zoning ordinances scheduled for January 6,2009.
ATTACHMENTS
1. Eagle View Third Annexation Location map
2. City Plan, Structure Plan map
3. Proposed Zoning map
ATTACHMENT 1
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RESOLUTION 2008-114
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR THE
EAGLE VIEW THIRD ANNEXATION
WHEREAS,a written petition and four prints of an annexation map have been filed with the
City Clerk requesting the annexation of certain property to be known as the Eagle View Third
Annexation; and
WHEREAS,the Council ofthe 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 Eagle View
Third Annexation,more particularly described as situate in the County ofLarimer,State of Colorado,
to wit:
A tract of land located in Sections 3, 4, 9 and 10 of Township 6 North, Range 68
West of the Sixth Principal Meridian, Larimer County, Colorado, more particularly
described as follows;
Considering the west line of the Southwest Quarter of the said Section 3 as bearing
South 01 degrees 49 minutes 10 seconds East between a 2.5" Aluminum Cap
monument PLS 33193 at the West quarter corner of Section 3 and a 2.5" Aluminum
Cap monument PLS 17497 at the Southwest corner of Section 3, based upon GPS
observation and the City of Fort Collins coordinate base, and with all bearings
contained herein relative thereto;
Commencing at the said West Quarter corner of Section 3,the West Quarter Corner
is also the TRUE POINT OF BEGINNING of this description;
THENCE along the north line of the said Southwest Quarter of Section 3, South 89
degrees 20 minutes 37 seconds East for a distance of 30.03 feet to the east Right of
Way of Strauss Cabin Road;
THENCE along the said east Right of Way, the following three (3) courses and
distances, (1) South 01 degrees 49 minutes 10 seconds East for a distance of 472.58
feet;
(2) South 17 degrees 10 minutes 10 seconds East for a distance of 18.89 feet;
(3)South 01 degrees 49 minutes 10 seconds East for a distance of 2084.12 feet to the
north Right of Way of Kechter Road;
THENCE along the said north Right of Way the following three (3) courses and
distances, (1) South 89 degrees 04 minutes 36 seconds East for a distance of 686.89
feet;
(2) South 00 degrees 55 minutes 24 seconds West for a distance of 10.00 feet;
(3) South 89 degrees 04 minutes 36 seconds East for a distance of 600.62 feet to the
northerly extension of the easterly line of Lot 1 of the Brown MLD S-60-89, a plat
of record with the Clerk and Recorder of the said Larimer County;
THENCE along the said extended line and along the said easterly line of Lot 1,South
00 degrees 18 minutes 17 seconds West for a distance of 70.00 feet to a line which
is 10.00 feet(measured at right angles)south of and parallel with the north line of the
said Lot 1;
THENCE along the said parallel line,North 89 degrees 04 minutes 36 seconds West
for a distance of 670.40 feet to the westerly line of the said Lot 1;
THENCE along the said westerly,North 63 degrees 05 minutes 40 seconds West for
a distance of 22.83 feet to the northeast corner of Lot 2 of the said Brown MLD S-60-
89;
THENCE along the north line of the said Lot 2, North 89 degrees 04 minutes 36
seconds West for a distance of 600.06 feet to the northwest corner of the said Lot 2;
THENCE North 89 degrees 04 minutes 36 seconds West for a distance of 59.01 feet;
THENCE North 01 degrees 48 minutes 47 seconds West for a distance of 60.56 feet
to the west Right of Way of the said Strauss Cabin Road;
THENCE along the said west Right of Way,North 01 degrees 49 minutes 10 seconds
West for a distance of 2584.30 feet to the north line of the Southeast Quarter of the
said Section 4;
THENCE along the said north line, South 88 degrees 36 minutes 06 seconds East for
a distance of 30.05 feet to the point of beginning. Containing 5.976 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 is hereby 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 this 2nd
day of December A.D. 2008.
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 Eagle View Third Annexation,said Annexation
being more particularly described in said Resolution, a copy of which precedes this Notice.
That, on January 6, 2009, 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
Rural Lands ("RUL")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 2nd day of December, A.D. 2008.
City Clerk