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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. i I I I . 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 2 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. • City Clerk • L MMN LMNIn cc All P9 2 H BNRR w ` i 1 T r T CITY iIOHN DFFRF RD WEICKER DR W �S ✓` \ 6� — N II ` —17 rn rn O 9 "' \ram ' �7?:iT--• �, I 05/16/02 #24-02 Whitham Farm Annexation e Type 11 (LUC) 1" = 1500'