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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/04/2003 - RESOLUTION 2003-015 FINDING SUBSTANTIAL COMPLIANCE AGENDA ITEM SUMMARY ITEM NUMBER: 26 FORT COLLINS CITY COUNCIL DATE: February 4, 2003 FROM: Troy W. Jones SUBJECT : Resolution 2003-015 Finding Substantial Compliance and Initiating Annexation Proceedings for the Strauss Lakes Development Annexation. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: This is a request for a 100% voluntary annexation of approximately 17.79 acres of privately owned property located on the northeast comer of Horsetooth Road and Ziegler Road. The recommended zoning is LMN—Low Density Mixed-Use Neighborhood. CKGROUND: This property is eligible for annexation according to Colorado Revised Statutes, requiring 1/6 contiguity to the existing city limits. The Strauss Lakes Development Annexation complies with this standard since the property has 1,219 feet of its total boundary of approximately 3,934 feet contiguous to the existing City limits. This meets the minimum 656 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Webster 2nd Annexation (July 1992). 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 approval of the requested annexation and zoning on January 16, 2003 by a vote of 5-0. • RESOLUTION 2003-015 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE STRAUSS LAKES DEVELOPMENT 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 Strauss Lakes Development Annexation; and WHEREAS,the Council of the City of Fort Collins desires to initiate annexation and zoning 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 Strauss Lakes Development Annexation,more particularly described as situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND SITUATE IN THE COUNTY OF LARIMER, STATE OF • COLORADO, TO-WIT: A PORTION OF LAND LOCATED IN SECTIONS 28, AND 33, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO, WHICH IS BOUNDED ON THE SOUTH BY MORGAN'S RIDGE EXEMPTION PLAT, AS RECORDED AT BOOK 2165, PAGE 588, RECORDS OF LARIMER COUNTY,COLORADO, ON THE WEST BY COUNTY ROAD NO. 9, AND ALONG THE NORTHEAST BY THE CENTERLINE OF THE FOSSIL CREEK INLET DITCH, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE- QUARTER OF SAID SECTION 28 BEING MONUMENTED AT THE SOUTH END BY AN ALUMINUM CAP STAMPED "RBD, LS 14823, 1995" AND AT THE NORTH END BY AN ALUMINUM CAP STAMPED "LS 17497" IS ASSUMED TO BEAR N00`10'43"W, WITH A DISTANCE OF 2650.99 FEET BETWEEN SAID MONUMENTATION. COMMENCING AT THE SOUTHWEST CORDER OF SAID SECTION 28; THENCE N00°10'43"W, ON SAID WEST LINE, A DISTANCE OF 30.05 FEET; THENCE S89'32'22"E,A DISTANCE OF 30.00 FEET,TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD 9(ZIEGLER ROAD) • AND THE NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD 40,AND THE POINT OF BEGINNING; THENCE N00°10'43'W, ON THE EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 9 (ZZIEGLER ROAD), A DISTANCE OF 1077.11 FEET; THENCE N57°57'13"E,CONTINUING ON THE SOUTHEASTERLY RIGHT-OF- WAY OF SAID COUNTY ROAD 9 (ZIEGLER ROAD), A DISTANCE OF 1.98 FEET; THENCE N32°02'47"W, A DISTANCE OF 60.00 FEET, TO THE NORTHWESTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 9(ZIEGLER ROAD); THENCE N57°57'13"E, ON SAID NORTHWESTERLY RIGHT-OF-WAY, A DISTANCE OF 93.99 FEET; THENCE S32°02'47"E,A DISTANCE OF 60.00 FEET;TO THE CENTERLINE OF THE FOSSIL CREEK INLET DITCH; THENCE ALONG THE APPROXIMATE CENTERLINE OF SAID DITCH THE FOLLOWING THREE(3) COURSES: 1. S46°56'19"E, A DISTANCE OF 839.47 FEET; 2. S37°49'49"E, A DISTANCE OF 188.78 FEET; 3. S23°16'09"E,A DISTANCE OF 513.94 FEET,TO THE SOUTH RIGHT OF WAY OF LARIMER COUNTY ROAD NO. 40; THENCE ON SAID RIGHT OF WAY, N89°38'17"W, A DISTANCE OF 31.31 FEET,TO THE NORTHWEST CORNER OF THE ROSELLE-SHIELDS PARCEL, RECORDED UNDER RECEPTION NO. 20042210, LARIIAER COUNTY RECORDS; THENCE S25°40'17"E, ON THE WESTERLY LINE OF SAID ROSELLE- SHIELDS PARCEL, A DISTANCE OF 5.56 FEET, TO THE NORTHEAST CORNER OF MORGAN'S RIDGE EXEMPTION PLAT, RECORDED UNDER BOOK 2165, PAGE 588, LARIMER COUNTY RECORDS; THENCE ON THE NORTHERLY LINE OF SAID MORGAN'S RIDGE EXEMPTION PLAT,THE FOLLOWING THREE(3) COURSES: 1. N89°38'17"W, A DISTANCE OF 478.11 FEET; 2. S83°28'09"W, A DISTANCE OF 125.00 FEET; 3. N89°38'17"W, A DISTANCE OF 378.86 FEET; THENCE N00°0446"W, A DISTANCE OF 80.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 17.792 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 apart 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 2 ' 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 4th day of February, A.D. 2003. Mayor ATTEST: City Clerk i 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 Strauss Lakes Development Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on March 18, 2003, 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 "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 JDD 224-6001) for assistance. Dated this 9th day of February, A.D. 2003. City Clerk • ��111 I : 11 IN to l71�0�� e Ron oilNINE �� °11vLiCSej.' goonso pill 7ieJa �orcaaare�l. •io-n --•ar aiS.� �.--- ��1