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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/06/2001 - RESOLUTION 2001-38 FINDING SUBSTANTIAL COMPLIANCE AGENDA ITEM SUMMARY ITEM NUMBER: 31 FORT COLLINS CITY COUNCIL DATE: March 6, 2001 FROM: Troy W. Jones SUBJECT: Resolution 2001-38 Finding Substantial Compliance and Initiating Annexation Proceedings for the Staley First Annexation. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: This is a request for a 100% voluntary annexation. The site is approximately 24.5 acres of property owned by the City of Fort Collins and the Poudre School District. It is located south of Kechter Road (County Road 36), north of the Fossil Creek Reservoir, east of Ziegler Road 10 (County Road 9), and west of Strauss Cabin Road (County Road 7). The recommended zoning is Low Density Mixed Use Neighborhood (LMN). BACKGROUND: This property is eligible for annexation according to the Colorado Annexation Act, which requires 1/6 contiguity to the existing city limits. The Staley First Annexation complies with this standard since the property has 1,039.04 feet of its total boundary of approximately 4230.32 feet contiguous to the existing city limits. This meets the minimum 705.05 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Willow Brook Annexation (September 1999). 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 and Rural/Open Lands and Stream Corridors. A zoning designation of LMN is consistent with the Structure Plan designation. DATE: March 6, 2001 1 2 ITEM NUMBER: 31 The Planning and Zoning Board Hearing The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its meeting on March 15, 2001. I I i RESOLUTION 2001-38 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE STALEY FIRST 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 Staley First 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 Staley First Annexation, more particularly described as situate in the County of Latimer, State of Colorado, to wit: A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 9, AND A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4,TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9 AS BEARING SOUTH 88° 27' 3 1" EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO;BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 9, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION ; THENCE, S 00° 00' 42"W 30.01 FEET ON AND ALONG THE 1/4 LINE OF SAID SECTION 9, TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF KECHTER ROAD ( A.K.A. COUNTY ROAD 36 ); THENCE, CONTINUING S 00° 00' 42"W 830.49 FEET ON AND ALONG SAID 1/4 LINE ALSO BEING THE WESTERLY LINE OF LOT 1 OF M.L.D.#00-S 1535;THENCE,S 90' 00' 00"E 510.89 FEET ON AND ALONG THE SOUTH LINE OF LOT 1 OF SAID M.L.D.#00-S 1535;THENCE, CONTINUING S 90' 00' W'E 417.50 FEET ON AND ALONG THE SOUTH LINE OF LOT 2 OF SAID M.L.D. #00-S1535 TO THE POINT OF A CURVE WHICH IS CONCAVE TO THE NORTHWEST WITH A LENGTH OF 628.81 FEET, WHICH RUNS ON AND ALONG THE SOUTHERLY LINE OF LOT 2 OF SAID M.L.D#00- S 1535.,THE CURVE HAS A RADIUS OF 400 FEET,A DELTA ANGLE OF 90° 04' 13" AND A CHORD WHICH BEARS N 44' 57' 54" E 566.03 FEET; THENCE, N 00' 04' 13"W 394.28 FEET ON AND ALONG THE EASTERLY LINE OF LOT 2 OF SAID M.L.D. #00-S1535 TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF KECHTER ROAD AND THE • SOUTHERLY LINE OF THE WILLOW BROOK ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 88` 27' 31"W 978.98 FEET ON AND ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF KECHTER ROAD ALSO BEING THE SOUTHERLY LINE OF THE WILLOW BROOK ANNEXATION;THENCE,N 00° 00'42"E 30.01 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 9,ALSO BEING ON AND ALONG THE WESTERLY LINE OF SAID WILLOW BROOK ANNEXATION;THENCE,N O1' 47' 31" W 30.05 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID KECHTER ROAD,ALSO BEING ON AND ALONG THE WESTERLY LINE OF SAID WILLOW BROOK ANNEXATION;THENCE,N 88° 27' 31"W 349.25 FEET ON AND ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE 1/4 LINE OF SAID SECTION 4; THENCE, S 01° 47' 3 1" E 30.05 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 9, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;CONTAINING 24.47 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 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 6th day of March, A.D. 2001. 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 Staley Annexation,said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on April 17, 2001, 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 1 lth day of March, A.D. 2001. City Clerk n .i■i ' \111Y1 ONE -S� �rSnu OEu��1 MEMO y