HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/04/2002 - RESOLUTION 2002-058 FINDING SUBSTANTIAL COMPLIANCE AGENDA ITEM SUMMARY ITEM NUMBER: 20
FORT COLLINS CITY COUNCIL DATE: June 4, 2002FROM:
Bob Barkeen
SUBJECT :
Resolution 2002-058 Finding Substantial Compliance and Initiating Annexation Proceedings for the
Whitham Farms LLC Annexation.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY:
The Whitham Farms LLC Annexation is 20.04 acres in size, located east of Timberline Drive,
between East Vine Drive and Mulberry Street. The parcel is contiguous to existing City boundaries
by the Buderus First and Second Annexations. The recommended zoning is Transition (T).
The proposed resolution states it is the City's intent to annex this property and directs that the notice
required by State Statutes be given of the Council's hearing to consider the annexation ordinance.
The public hearing for the annexation ordinance must occur no less than 30 days and no more than
60 days from adoption of the resolution finding compliance with State Statutes.
BACKGROUND:
This property is eligible for annexation according to the Colorado Annexation Act, which requires
1/6 contiguity to the existing city limits. The Whitham Farms LLC Annexation complies with this
standard since the property has 2,642 feet of its total boundary of approximately 3,965 feet
contiguous to the existing city limits. This meets the minimum 661 feet required to achieve 1/6
contiguity. This contiguity occurs through a common boundary with the Buderus First and Second
Annexations along the east, north and west property boundaries.
The property is located within the Fort Collins Urban Growth Area. According to policies and
agreements between the City of Fort Collins and Latimer County, contained in the
Intergovernmental Agreement for the Fort Collins Urban Growth Area (last amended November
2000), the City will pursue the annexation of land into the city of Fort Collins when such lands are
eligible for annexation according to Colorado Revised Statutes.
The property is currently zoned Industrial (1) District in Larimer County. The City's adopted
Structure Plan, a part of City Plan,designates the site as Low Density,Mixed-Use Residential. The
City and Larimer County are currently developing a new land use plan for the East Mulberry
Corridor. This property is included within the study area. There are currently two land use
DATE: June 4, 719 2
ITEM NUMBER: 20
scenarios being discussed and considered as part of the framework plan. Staff is recommending this
parcel be zoned Transition until the adoption of the East Mulberry Corridor Plan is complete.
The Planning and Zoniniz Board Hearing
The Planning and Zoning Board is scheduled to consider the annexation at its June 20, 2002
meeting.
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. RESOLUTION 2002-058
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION AND ZONING PROCEEDINGS FOR THE
WHITHAM FARMS LLC 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
Whitham Farms LLC 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 Whitham
Farms LLC Annexation, more particularly described as situate in the County of Larimer, State of
Colorado, to wit:
A TRACT OF LAND SITUATE IN THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH P.M., COUNTY OF LARIMER, STATE OF
COLORADO,WHICH,CONSIDERING THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID
SECTION 9 AS BEARING S89°14'12"E AND WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO,IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT
A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 9 WHICH
BEARS S89°14'12"E 661.47 FEET FROM THE WEST 1/4 CORNER OF SAID SECTION 9,AND
RUN THENCE N00°02'57W 660.95 FEET;THENCE S89 °09'58"E 1322.23 FEET; THENCE
S00°06'44"E 659.33 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF
SAID SECTION 9;THENCE ALONG SAID SOUTH LINE N89`14'12"W 1322.93 FEET TO THE
POINT OF BEGINNING,CONTAINING 20,0410 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 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 held this
4th day of June, A.D. 2002.
Mayor
ATTEST:
City Clerk
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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 Whitham Farms LLC Annexation, said
Annexation being more particularly described in said Resolution, a copy of which precedes this
Notice.
That,on July 16,2002,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 (TDD 224-6001) for assistance.
Dated this 9th day of June, A.D. 2002.
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City Clerk
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#24-02 Whitham Farm Annexation e
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