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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/18/2001 - RESOLUTION 2001-166 FINDING SUBSTANTIAL COMPLIANCE AGENDA ITEM SUMMARY ITEM NUMBER: 25 DATE: December 18, 2001 FORT COLLINS CITY COUNCIL FROM: Bob Bazkeen SUBJECT : Resolution 2001-166 Finding Substantial Compliance and Initiating Annexation Proceedings for the East Ridge Annexation. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: This is a request for a 100% voluntary annexation. The site is approximately 125 acres of land located south of East Vine Drive, east of North Timberline Road and north of East Mulberry Street. The recommended zoning is Transition(T). The proposed Resolution states that it is the City's intent to annex this property and directs that 410 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 February 5, 2002. Not less than 30 days prior, published notice is required by State law. BACKGROUND: This property is eligible for annexation according to the Colorado Annexation Act, which requires 1/6 contiguity to the existing city limits. The East Ridge Annexation complies with this standard since the property has 2,743 feet of its total boundary of approximately 10,602 feet contiguous to the existing city limits. This meets the minimum 1,767 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Buderus Second Annexation immediately east of the site. The property is located within the Fort Collins Urban Growth Area (UGA). 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 agree to consider annexation of such land into the City of Fort Collins when such lands are eligible for annexation according to Colorado Revised Statutes (CRS). The property is currently zoned Industrial (I) District in Latimer County. The City's adopted Structure Plan, a part of City Plan, designates the site as Low Density, Mixed-Use Residential. The City and Latimer 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 scenarios being discussed and considered as part of the framework plan. One of the scenarios DATE: December 18, 2001 2 ITEM NUMBER: 25 (framework plan B) includes changes to the current land use designation for the East Ridge Annexation. The plan is currently within the development stages, and is not expected to begin the adoption phase until the middle part of next year. As a result, staff is recommending this parcel be zoned T -Transition. RESOLUTION 2001-166 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE EAST RIDGE 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 East Ridge Annexation; and WHEREAS,the Council of the 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 East Ridge Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land located in the north half of Section 8, Township 7 North, Range 68 West of the 6th P.M., Latimer County, Colorado. COMMENCING at the northeast corner of said Section 8,Tt7N, R68W, said point being marked by a No. 6 rebar and 2-1/2" aluminum cap stamped LS 28285; AND considering the east line of the northeast quarter of said Section 8 to bear S00°1 721"W, (east quarter corner of said Section 8 being marked by a No. 6 rebar AND 2" aluminum cap stamped LS 7839), with all other bearings relative thereto; SAID point also being the POINT OF BEGINNING; Thence along the east line of said northeast quarter of Section 8, S00°17'21"W, 2647.52 feet to the east quarter comer of said Section 8; Thence along the south line of the northeast quarter of said section 8,N88°50'34"W, 2285.48 feet; Thence N00°42'47"E, 56.00 feet; Thence N88°50'34"W, 394.01 feet to a point on the westerly right-of-way line of Timberline Road shown on the plat of Industrial Park International P.U.D.; Book 2128, page 409, as recorded in the Latimer County Clerk and Recorders office; Thence along said right-of-way,N00°42'43"E, 6.15 feet; Thence S89°23'00"E,20.00 feet to the existing right-of-way line of Timberline Road; Thence along the west line of said right-of-way,N00°42'47"E, 2510.03 feet; Thence S88°52'13"E, 30.00 feet to a point on the west line of the northeast quarter of Section 8; Thence along said line n00°42'47"e 80.00 feet to the north quarter corner of Section 8, said point being marked by a 3 '/4"aluminum cap stamped LS 20123; Thence N00°42'47"E,30.00 feet to a point on the northerly right-of-way line of East Vine Drive; Thence along said northerly right-of-way line S88°52'13"E, 2609.67 feet; Thence S00°17'21"W, 30.00 feet to the point of beginning. LESS AND EXCEPT RAILROAD RIGHT OF WAY MORE OR PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northeast corner of said Section 8, T7N, R68W, Thence S00°1 T21"W, 30.00 feet to the true point of beginning; Thence N88°52'13"W, 2580.11 feet; Thence S00°42'47"W, 50.00 feet; Thence S88°52'13"E, 2580.48 feet; Thence N009 T21"E, 50.01 feet to the point of beginning. Railroad right of way contains 2.96 acres more or less. Total area of said described tract is 159.29 acres more or less and is subject to any easements and rights-of-way of record or that now exist on the ground. 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 an annexation ordinance 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 18th day of December,A.D. 2001. 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 East Ridge Annexation,said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on February 5,2002, 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 call221-6515 (TDD 224-6001) for assistance. Dated this 18th day of December, A.D. 2001. City Clerk EPARK ...................... 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