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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/02/2001 - RESOLUTION 2001-123 FINDING SUBSTANTIAL COMPLIANCE AGENDA ITEM SUMMARY ITEM NUMBER: 15 DATE: October 2, 2001 FORT COLLINS CITY COUNCIL STAFF: Troy W. Jones SUBJECT: Resolution 2001-123 Finding Substantial Compliance and Initiating Annexation Proceedings for the Pineridge Fifth Annexation. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: This is a request for a 100% voluntary annexation. The site is approximately 4.76 acres of publicly owned property located southeast of Hughes Stadium including a portion of the South Overland Trail and County Road 42C rights of way, and small piece of the Pineridge Natural OArea. The recommended zoning is Public Open Lands (POL). CKGROUND: When the Urban Growth Area (UGA) boundary was originally established, it was intended to follow the alignment of County Road 42C so that all land just south of County Road 42C and just west of Overland Trail were designated to be within the UGA. The UGA boundary, however, was inadvertently placed in such a manner that a small triangular piece of ground immediately southwest of the intersection of Overland Trail and County Road 42C was placed outside the UGA, therefore, this property is located just outside the 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 may annex property outside the UGA, provided the property is eligible for annexation according to Colorado Revised Statutes (CRS). This property is eligible for annexation according to CRS, requiring 1/6 contiguity to the existing city limits. The Pineridge Fifth Annexation complies with this standard since the property has 1229.5 feet of its total boundary of approximately 3,531 feet contiguous to the existing city limits. This meets the minimum 588 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Pineridge Third Annexation(January 1999). The property is currently zoned FA1-Farming District in Larimer County. The requested zoning for this annexation is the Public Open Lands District (POL). The City's adopted Structure Plan, a part of City Plan, designates the site Campus District. Colorado State University does not own any of the land south of County Road 42C, so it appears that Campus District was inadvertently assigned to the property. The standard treatment of such specific lines on the Structure Plan is DATE: October 2, 2001 2 ITEM NUMBER: 15 that there is a bit of wiggle room to on a site specific basis. A zoning designation of POL is therefore consistent with the Structure Plan designation. The Planning and Zoning Board Hearing The Planning and Zoning Board will discuss this annexation at its regular meeting on October 18,2001. RESOLUTION 2001-123 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE PINERIDGE FIFTH 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 Pineridge Fifth 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 Pineridge Fifth Annexation,more particularly described as situate in the County ofLarimer,State of Colorado, to wit: A TRACT OF LAND SITUATE IN THE SOUTHEAST 1/4 OF SECTION 20 AND THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 20 AS BEARING N 00'12'55" E WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SOUTH 1/16 CORNER OF SAID SECTIONS 20 AND 21, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION: THENCE S 89'47'05" E 30.00 FEET ON AND ALONG THE SOUTH 1/16 LINE OF SAID SOUTHWEST 1/4 OF SECTION 21,ALSO BEING THE NORTHERLY LINE OF THE PINE RIDGE THIRD ANNEXATION TO THE CITY OF FORT COLLINS,TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SOUTH OVERLAND TRAIL;THENCE,N 00'12'55" E 700.00 FEET ON AND ALONG SAID EAST RIGHT-OF-WAY LINE OF SOUTH OVERLAND TRAIL;THENCE,N 89'47'05"W 30.00 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF SAID SOUTHWEST 1/4 OF SECTION 21; THENCE, N 89'47'03" W 30.00 FEET TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID SOUTH OVERLAND TRAIL; THENCE, S 00'l2'55" W 456.97 FEET ON AND ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID OVERLAND TRAIL TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 42C; THENCE, S 78'24'24" W 1114.50 FEET ON AND • ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 42C TO A POINT OF INTERSECTION WITH SAID PINE RIDGE THIRD ANNEXATION; THENCE, S 11'35'36" E 60.00 FEET ON AND ALONG THE EASTERLY LINE OF SAID PINE RIDGE THIRD ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 42C, ALSO BEING THE INTERSECTION WITH THE 1/16 LINE OF SAID SOUTHEAST 1/4 OF SECTION 20; THENCE, N 87'57'14" E 1109.50 FEET ON AND ALONG SAID 1/16 LINE TO THE 1/16 CORNER OF SAID SOUTHEAST 1/4 OF SECTION 20, ALSO BEING THE NORTHERLY LINE OF SAID PINE RIDGE ANNEXATION TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 4.76 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 2nd day of October, 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 Pineridge Fifth Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That,on November 6,2001,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 2nd day of October, A.D. 2001. City Clerk INS �,► �`arv�rrrr�\ 111111/111 . ����« �IpIIIIIIIII11111Ahumn/�����■ i I Will