HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/18/2009 - RESOLUTION 2009-080 FINDING SUBSTANTIAL COMPLIANCE ITEM NUMBER: 19
AGENDA ITEM SUMMARY DATE: August 18, 2009
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Resolution 2009-080 Finding Substantial Compliance and Initiating Annexation Proceedings for the
Riverwalk Annexation.
RECOMMENDATION
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY
The Riverwalk Annexation is 265.65 acres in size. The site is bounded by I-25 on the east,Harmony
Road on the north, the Fossil Creek Reservoir Inlet Ditch on the west and Kechter Road on the
south. Contiguity with the existing municipal boundary is gained along a portion of the northern
boundary which is shared with the Arapahoe Bend Second Annexation and a portion of the west
boundary which is shared with the Stute Annexation Number,Three,the Brookfield Annexation and
the Sunrise Ridge Annexation. The property is mostly a former gravel extraction operation and
zoned FA-1, Farming District in Larimer County. The requested zoning is T, Transition.
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 October 6, 2009. Not less than 30 days prior,published notice is required by
State law.
This annexation request is in conformance with the State of Colorado Revised Statutes as they
relate to annexations, the City of Fort Collins Comprehensive Plan, the Larimer County and
City of Fort Collins Intergovernmental Agreements, and the City of Fort Collins Land Use
Code. There are no issues or known controversies with this annexation.
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. In fact, 31.33% of the boundary is contiguous.
August 18, 2009 -2- Item No. 19
According to the policies and agreements between the City of Fort Collins and Larimer County
contained in the Intergovernmental Agreement for the City of 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.
Surrounding zoning includes P-O-L, Public Open Lands, to the north, H-C, Harmony Corridor, to
the west,U-E, Urban Estate to the west, and P-O-L, Public Open Lands, to the south. Interstate 25
forms the eastern boundary.
Planning and Zoning Board Recommendation
The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request
at its regular monthly meeting on September 17, 2009, and will make its recommendation at that
time. The Board's recommendation will be forwarded to City Council in time for First Reading of
the annexation and zoning ordinances, scheduled for October 6, 2009.
ATTACHMENTS
1. Vicinity Map
2. Structure Plan Map
3. City of Fort Collins Zoning Map
4. PowerPoint presentation
ATTACHMENT 1
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ATTACHMENT 2
*1"ns CITY OF FORT COLLINS STRUCTURE PLAN
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ATTACHMENT 3
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ATTACHMENT 4
CouncilINITIATING THE
RIVERWALK ANNEXATION
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2
RESOLUTION 2009-080
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR THE
RIVERWALK ANNEXATION
WHEREAS,a written petition,together with four(4)prints of an annexation map,has been
filed with the City Clerk requesting the annexation of certain property to be known as the Riverwalk
Annexation; and
WHEREAS,the City Council 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 City Council hereby accepts the annexation petition for the Riverwalk
Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to
wit:
A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 3, THE
SOUTHEAST QUARTER OF SECTION 4, AND THE NORTHWEST QUARTER OF
SECTION 10, ALL BEING 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 NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 3 AS BEARING S 89029'55" E AND WITH ALL BEARINGS HEREIN
RELATIVE THERETO:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3;
THENCE ALONG T14E WEST LINE OF SAID NORTHWEST QUARTER S 01044'18"
E, 51.01 FEET TO THE POINT OF BEGINNING;
THENCE S 89047'25" E, 30.01 FEET TO A POINT ON THE EAST RIGHT OF WAY
LINE OF STRAUSS CABIN ROAD, ALSO BEING A POINT ON THE SOUTHERLY
RIGHT OF WAY LINE FOR EAST HARMONY ROAD,
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, THE FOLLOWING
NINE(9) COURSES:
1. S 89°47'25" E, 670.82 FEET;
2. S 89018'55" E, 245.96 FEET;
3. S 84-57-34" E, 86.41 FEET;
4. ALONG THE ARC OF A CURVE TO THE RIGHT,A DISTANCE OF 208.64 FEET,
SAID CURVE HAVING A RADIUS OF 92.87 FEET, A CENTRAL ANGLE OF
128043'21", AND A CHORD BEARING S 67008-05"E, 167.45 FEET;
5.N 48030'14" E, 98.38 FEET;
6.ALONG THE ARC OF CURVE TO THE RIGHT A DISTANCE OF 13.92 FEET,SAID
CURVE HAVING A RADIUS OF 32.81 FEET,A CENTRAL ANGLE OF 24°18'57",AND
A CHORD BEARING N60039'40"E, 13.82 FEET;
7.N 72049'06" E, 56.60 FEET;
8. S 83057'55"E, 29.18 FEET;
9. S 83044'43" E, 158.80 FEET;
THENCE ALONG THE WESTERLY,SOUTHERLY,AND EASTERLY BOUNDARIES
OF THE PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO.
20060008730, THE FOLLOWING FIVE(5) COURSES:
1. S 00030'05" W, 227.41 FEET;
2. S 89029'55" E, 25.40 FEET;
3. S 00030'05" W, 5.00 FEET;
4. S 89029'55" E, 200.00 FEET;
5.N 00030'05" E, 173.90 FEET;
THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE 25,THE
FOLLOWING FIVE(5) COURSES:
1. S 89°36'28" E, 265.38 FEET;
2. S 56056'01" E, 82.86 FEET;
3. S 24015'59" E, 793.35 FEET;
4. S 02002'35" E, 4185.48 FEET;
5. 135.77 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT
HAVING A RADIUS OF 11295.00 FEET,A CENTRAL ANGLE OF 00041'19", AND A
CHORD WHICH BEARS S 01043'13" E, 135.77 FEET;
THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE
COLORADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE
INSTRUMENT RECORDED JANUARY 16, 1964, IN BOOK 1234, PAGE 254, THE
FOLLOWING TWO(2) COURSES:
1. S 84055'54" W, 574.58 FEET;
2. S 00055'24" W, 30.00 FEET TO A POINT ON THE SOUTH ,LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 3;
THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE
COLORADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE
INSTRUMENT RECORDED FEBRUARY 3, 1964 IN BOOK 1236, PAGE 143, THE
FOLLOWING TWO(2) COURSES:
1. ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 3,
N 89004'36" W, 100.00 FEET;
2. S 00055'24" W, 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY
LINE OF LARIMER COUNTY ROAD 36;
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE N 89-04-36"W, 1181.36
FEET;
THENCE N 00055'24" E, 70.00 FEET TO A POINT ON THE NORTH LINE OF THAT
RIGHT OF WAY PARCEL DESCRIBED AT RECEPTION NUMBER'88059400;
THENCE N 09016'32" W, 283.78 FEET;
THENCE N 01 046'32" W, 289.41 FEET;
THENCE N 32046'32" W, 144.50 FEET;
THENCE N 23039'02" W, 631.96 FEET;
THENCE N 01050'02" E, 208.47 FEET;
THENCE N 17013'48" W, 642.38 FEET TO A POINT ON THE EASTERLY RIGHT OF
l
-2-
WAY LINE OF STRAUSS CABIN ROAD AS DESCRIBED IN THE DEED OF
DEDICATION RECORDED AT RECEPTION NO. 20040047101;
THENCE S 88010'46"W, 65.00 FEET TO A POINT ON THE EXISTING BOUNDARY
OF THE CITY OF FORT COLLINS AS DEFINED IN THE EMERGENCY ORDINANCE
NO. 130, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS,N 01049-14" W,
493.55 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER
OF SECTION 4, T6N, R68W;
THENCE ALONG SAID NORTH LINE S 88-36-42" E, 30.04 FEET TO THE WEST
QUARTER CORNER OF SAID SECTION 3;
THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 3, N 01-44'18" W, 2598.32 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 265.650 ACRES, MORE OR LESS.
Section 2. That the City Council hereby finds and determines that the annexation petition
for the Riverwalk Annexation 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 18th
day of August A.D. 2009.
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 Riverwalk Annexation,said Annexation being
more particularly described in said Resolution, a copy of which precedes this Notice.
That, on October 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
Transition ("T") 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 August, A.D. 2009.
City Clerk