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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/02/2001 - RESOLUTION 2001-127 FINDING SUBSTANTIAL COMPLIANCE AGENDA ITEM SUMMARY ITEM NUMBER: 19 DATE: October 2, 2001 FORT COLLINS CITY COUNCIL STAFF: Troy W. Jones SUBJECT: Resolution 2001-127 Finding Substantial Compliance and Initiating Annexation Proceedings for the Westchase Annexation No. 1. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: This is a request for a 100%voluntary annexation. The site is approximately 4.279 acres of property located within and just west of the Timberline Road right-of-way,just north of the intersection of Timberline and Trilby. The property is in the Fossil Creek Reservoir Planning Area. The recommended zoning is Low Density Mixed Use Neighborhood (LMN). BACKGROUND: This property is eligible for annexation according to the Colorado Revised Statutes(CRS),requiring 1/6 contiguity to the existing city limits.This annexation request complies with this standard since the property has 779.7 feet of its total boundary of approximately 4669.36 feet contiguous to the existing city limits. This meets the minimum 778.23 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with Keating Annexation No. 2 (May 1999). 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 requested zoning for this annexation is the Low Density Mixed-Use Neighborhood(LMN).The City's adopted Structure Plan, a part of City Plan, designates the site as Low-Density Mixed-Use Residential. A zoning designation of LMN is consistent with the Structure Plan designation. The Planning and Zoning Board Hearing The Planning and Zoning Board recommended adoption of the requested annexation and zoning on September 17, 2001 by a vote of 6-0. RESOLUTION 2001-127 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE WESTCHASE ANNEXATION NO. 1 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 Westchase Annexation No. 1; 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 Westchase Annexation No. 1, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A PORTION OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WESTERLY LINE OF THE SOUTHWEST QUARTER OF SECTION 8, MONUMENTED AS SHOWN HEREON,BEARING NORTH 00'00'0"WEST AS SHOWN ON THE KEATING ANNEXATION NO.2,ORDINANCE NO.63, 1999. BEGINNING AT THE WEST QUARTER-SECTION CORNER OF SAID SECTION 8; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 8,NORTH 89°42'05" EAST A DISTANCE OF 57.53 FEET; THENCE LEAVING SAID NORTHERLY LINE OF THE SOUTHWEST QUARTER OF SECTION 8 AND ALONG THE FOLLOWING TEN (10) COURSES: 1) SOUTH 00-00'00" EAST A DISTANCE OF 632.88 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; 2) ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 13942.50 FEET,A CENTRAL ANGLE OF 00-57'41" AND AN ARC LENGTH OF 233.97 FEET; 3)SOUTH 01`08-26"EAST A DISTANCE OF 87.11 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; 4) ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 13942.50 FEET, A CENTRAL ANGLE OF 00`19'48" AND AN ARC LENGTH OF 80.29 FEET; 5)SOUTH 01`38'58"EAST A DISTANCE OF 449.74 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; 6)ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 6557.50 FEET, A CENTRAL ANGLE OF 01°25'25" AND AN ARC LENGTH OF 162.92 FEET; 7)SOUTH 00`09-12"WEST A DISTANCE OF 86.80 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; 8) ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 6557.50', A CENTRAL ANGLE OF 01'28'47"AND AN ARC LENGTH OF 169.37 FEET,THE CHORD OF WHICH BEARS SOUTH O1'16'21" WEST, 169.36 FEET; 9) SOUTH 02`00'45" WEST A DISTANCE OF 260.41 FEET; 10) SOUTH 90-00,00" WEST A DISTANCE OF 115.78 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF TIMBERLINE ROAD(COUNTY ROAD 11); THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF TIMBERLINE ROAD(COUNTY ROAD 11),NORTH 00-00-00"WEST A DISTANCE OF 866.76 FEET TO A POINT ON THE SOUTHERLY LINE OF THE KEATING ANNEXATION NO.2, ORDINANCE NO. 63, 1999; THENCE ALONG SAID SOUTHERLY LINE OF THE KEATING ANNEXATION NO.2,NORTH 90`00'00" EAST A DISTANCE OF 80.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF TIMBERLINE ROAD (COUNTY ROAD 11); THENCE ALONG THE EASTERLY LINE OF SAID KEATING ANNEXATIO NO.2 AND SAID EASTERLY RIGHT-OF-WAY LINE OF TIMBERLINE ROAD (COUNTY ROAD 11),NORTH 00-00-00"WEST A DISTANCE OF 639.70 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE OF TIMBERLINE ROAD(COUNTY ROAD 11)AND ALONG THE NORTHERLY LINE OF SAID KEATING ANNEXATION NO. 2,NORTH 90°00'00" WEST A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY LINE OF TIMBERLINE ROAD (COUNTY ROAD 11); THENCE LEAVING SAID NORTHERLY LINE OF KEATING ANNEXATION NO. 2 AND ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF 2 . TIMBERLINE ROAD (COUNTY ROAD 11), NORTH 00-00'00" WEST A DISTANCE OF 656.09 FEET; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE OF TIMBERLINE ROAD (COUNTY ROAD 11), NORTH 89-42'05" EAST A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4.279 ACRES (186,376 SQ. FT.) MORE OR LESS. SUBJECT TO ANY RIGHTS-OF-WAY TO BE DEDICATED TO LARIMER COUNTY,COLORADO ON THE SUBDIVISION PLAT OF WESTCHASE P.U.D. 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 . 2nd day of October, A.D. 2001. Mayor ATTEST: City Clerk • 3 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 Westchase No. 1 Annexation,said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That,on November 6,2001,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 2nd day of October, A.D. 2001. City Clerk • s � WESTCHASE ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS i SITUATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 8 AND THE r SOUTHEAST QUARTER OF SECTION 7, TBN, R68W OF THE Bth PRINCIPAL MERIDIAN ! 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