HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/18/2006 - RESOLUTION 2006-042 FINDING SUBSTANTIAL COMPLIANCE ITEM NUMBER: 16
AGENDA ITEM SUMMARY DATE: April 18, 2006
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Resolution 2006-042 Finding Substantial Compliance and Initiating Annexation Proceedings for the
Johnston Annexation.
RECOMMENDATION
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY
The Johnston Annexation is 36.82 acres in size. The site is 6111 Timberline Road, located
approximately one-half mile south of Kechter Road on the west side of Timberline Road.
Contiguity with the existing municipal boundary is gained along the entire southern boundary which
is shared with the Keating Annexation and the entire west boundary which is shared with the Union
Pacific Railroad Fourth Annexation.
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 6, 2006. 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.
0
LMN se CANOPY 4T I
c U E
�� KECHTER RD
6 WILLOW SPRINGS WA
Al� ti WILLOW
O� �q
1 SP/mG!§
GLEN EAGLE CT ..�
UE
POL
Z
w
(? cc
CC
zw
w c�
$7{1�Ld'n 9, BACON ELEMENTARY
�� ZEPHYR RD
OWENSAVE
2i
CACTUS CT N CHANDLER ST o
U
HARVEST ST �S'T
� 3 _
w 3 FOSSIL CREEK PKWLINDEN LMN a WESTqJ-IASE
w FALCON RIDGE DR PARK FALCON RIDGE DRcl
U Bq�D <CRFFjrA
RL -
z o
a
ST cHgS�Ro
(\ G GT U E
I
rt — 4
LMN
I�
STANTON
CREEK MAJESTIC DR
#9-06 Johnston Annexation & Zoning Legend nN
Proposed Zoning ® Proposed LMN /\
4/6/06 ® Proposed MMN ,�\V
RESOLUTION 2006-042
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR THE
JOHNSTON 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
Johnston 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 Johnston
Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to
wit:
A TRACT OF LAND LOCATED IN 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:
CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 7,AS BEARING NORTH 00 °27'42" EAST, AND WITH ALL BEARINGS
HEREIN RELATIVE THERETO;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 7, THENCE
NORTH 00°27'42" EAST, 1959.50 FEET ALONG THE EAST LINE OF SAID
SOUTHEAST QUARTER; THENCE NORTH 89'32'18" WEST, 30.00 FEET TO THE
EXISTING WEST RIGHT OF WAY OF TIMBERLINE ROAD AS SHOWN ON THE
PLAT OF WESTCHASE NO.1 ANNEXATION BEING THE TRUE POINT OF
BEGINNING,
THENCE NORTH 89°32'18" WEST, 2512.75 FEET ALONG THE NORTH LINE OF
LINDEN PARK SUBDIVISION TO THE EASTERLY RIGHT OF WAY OF THE UNION
PACIFIC RAILROAD;THENCE NORTH 00°02'42"EAST,650.82 FEET ALONG SAID
EASTERLY RIGHT OF WAY TO THE SOUTH LINE OF THAT PARCEL DESCRIBED
AT RECEPTION NO. 99083069 OF THE CLERK AND RECORDERS OFFICE OF
LARIMER COUNTY;THENCE SOUTH 89'39'18"EAST,2125.48 FEET ALONG SAID
SOUTH LINE TO A POINT ON THE SOUTH LINE OF THAT PARCEL DESCRIBED
AT RECEPTION NO. 99106647 OF THE CLERK AND RECORDERS OFFICE OF
LARIMER COUNTY; THENCE ALONG THE SOUTH LINE OF SAID PARCEL AT
RECEPTION NO. 99106647 THE FOLLOWING THREE (3) COURSES: 1) SOUTH
41'12'18"EAST,67.00;2)SOUTH 69'50'18"EAST,286.00 FEET; 3) SOUTH 85'25'18"
EAST,78.41 FEET TO THE WEST LINE OF SAID WESTCHASE NO. 1 ANNEXATION
AND THE WEST RIGHT OF WAY OF TIMBERLINE ROAD; THENCE SOUTH
00-27-42" WEST, 503.04 FEET ALONG SAID WEST LINE TO THE TRUE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 36.820 ACRES,MORE OR LESS,AND IS SUBJECT TO ALL
EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING.
Section 2. That the Council herebyfinds 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 this 18th
day of April, A.D. 2006.
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 Johnston Annexation, said Annexation being
more particularly described in said Resolution, a copy of which precedes this Notice.
That,on June 6,2006, 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
"MMN" Medium Density Mixed Use Neighborhood Zone District and 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 18th day of April, A.D. 2006.
City Clerk