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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/02/2001 - RESOLUTION 2001-128 FINDING SUBSTANTIAL COMPLIANCE AGENDA ITEM SUMMARY ITEM NUMBER: 20 DATE: October 2, 2001 4P FORT COLLINS CITY COUNCIL FROM:• Troy W. Jones SUBJECT : Resolution 2001-128 Finding Substantial Compliance and Initiating Annexation Proceedings for the Westchase Annexation No. 2. RECOMMENDATION: Staff recommends adoption of the Resolution EXECUTIVE SUMMARY: This is a request for a 100% voluntary annexation. The site is approximately 157.93 acres of privately owned property located north of the current Trilby Road alignment and east of Timberline Road. The recommended zoning is a combination of LMN — Low-Density Mixed 110 Use Neighborhood zone district, and UE — Urban Estate Zone District. The property is located within the Fossil Creek Reservoir Area Plan. BACKGROUND: This property is in fact eligible for annexation according to the Colorado Annexation Act, requiring 1/6 contiguity to the existing city limits. This annexation application complies with this standard since the property has 2,279.27 feet of its total boundary of approximately 10,712.96 feet contiguous to the existing city limits. This exceeds the minimum 1,785.49 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with Westchase Annexation No. 1. 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 a combination of LMN — Low-Density Mixed Use Neighborhood zone district, and UE—Urban Estate Zone District. The City's adopted Structure Plan, a part of City Plan, designates the site as a combination of Low-Density Mixed-Use Residential, and Urban Estate. The proposed zoning configuration is consistent with the Structure Plan designation. DATE: October 2, 2001 2 ITEM NUMBER: 20 The Planning and Zoning Board Hearing The Planning and Zoning Board recommended adoption of the requested annexation and zoning on September 17, 2001 by a vote of 6-0. . RESOLUTION 2001-128 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE WESTCHASE ANNEXATION NO. 2 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 Westchase Annexation No. 2; 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 Westchase Annexation No. 2, more particularly described as situate in the County of Larimer, State of Colorado,to wit: . A PORTION OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WESTERLY LINE OF THE SOUTHWEST QUARTER OF SECTION 8, MONUMENTED AS SHOWN HEREON,BEARINGNORTH 00°00'0"WEST AS SHOWN ON THE KEATING ANNEXATION NO.2,ORDINANCE NO.63, 1999. COMMENCING AT THE WEST QUARTER-SECTION CORNER OF SAID SECTION 8; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 8,NORTH 89-42'05" EAST A DISTANCE OF 57.53 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF THE SOUTHWEST QUARTER OF SECTION 8, NORTH 89-42'05" EAST A DISTANCE OF 2613.94 FEET TO THE CENTER QUARTER-SECTION CORNER OF SAID SECTION 8; THENCE ALONG THE EASTERLY LINE OF SAID SOUTHWEST QUARTER OF SECTION 8, SOUTH 00-37'52" WEST A DISTANCE OF 2632.97 FEET TO THE SOUTH QUARTER-SECTION CORNER OF SAID SECTION 8; THENCE ALONG THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF SECTION 8,NORTH 89*55155" WEST A DISTANCE OF 1856.48 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; THENCE LEAVING SAID SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SECTION 8 AND ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF TRILBY ROAD AS DEDICATED BY THAT DOCUMENT RECORDED AT RECEPTION NO. 2001049138, LARIMER COUNTY RECORDS,THE FOLLOWING SIX(6) COURSES; 1)ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 733.00 FEET, A CENTRAL ANGLE OF 17°15'28" AND AN ARC LENGTH OF 220.78 FEET, THE CHORD OF WHICH BEARS SOUTH 81'26'21" WEST, 219.95 FEET; 2) NORTH 89`55'55" WEST A DISTANCE OF 207.43 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; 3) ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 487.50', A CENTRAL ANGLE OF 02°27'15" AND AN ARC LENGTH OF 20.88 FEET; 4)SOUTH 87`36'50"WEST A DISTANCE OF 95.36 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; 5)ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 512.50', A CENTRAL ANGLE OF 02°27'15" AND AN ARC LENGTH OF 21.95 FEET; 6) NORTH 89-55-55" WEST A DISTANCE OF 272.94 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF TIMBERLINE ROAD(COUNTY ROAD 11); THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF TIMBERLINE ROAD(COUNTY ROAD 11),NORTH 00'00'00"WEST A DISTANCE OF 490.98 FEET; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE OF TIMBERLINE ROAD (COUNTY ROAD 11) AND ALONG THE SOUTHERLY AND EASTERLY LINES OF THE WESTCHASE ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS,THE FOLLOWING TEN (10) COURSES: 1)NORTH 90-00'00" EAST A DISTANCE OF 115.78 FEET; 2) SOUTH 02-00-45" WEST A DISTANCE OF 260.41 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; 3) ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 6557.50', A CENTRAL ANGLE OF O1`28'47" AND AN ARC LENGTH OF 169.37 FEET; 4)NORTH 00°09'12"EAST A DISTANCE OF 86.80 FEET TO THE BEGINNING 2 OF A NON-TANGENT CURVE TO THE LEFT; 5)ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 6557.50 FEET, A CENTRAL ANGLE OF 01'25'25" AND AN ARC LENGTH OF 162.92 FEET, THE CHORD OF WHICH BEARS NORTH 00'56'15" WEST 162.92 FEET; 6) NORTH 01'38'58" WEST A DISTANCE OF 449.74 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; 7) ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 13942.50 FEET, A CENTRAL ANGLE OF 00'19'48" AND AN ARC LENGTH OF 80.29 FEET; 8)NORTH 01'08'26"WEST A DISTANCE OF 87.11 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; 9) ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 13942.50 FEET, A CENTRAL ANGLE OF 00'57'41" AND AN ARC LENGTH OF 233.97 FEET,THE CHORD OF WHICH BEARS NORTH 00'28'51"WEST,233.95 FEET; 10)NORTH 00'00'00"WEST A DISTANCE OF 632.88 FEET TO THE POINT OF BEGINNING. CONTAINING 157.931 ACRES (6,879,488 SQ. FT.), 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 3 • 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 Westchase No.2 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 for assistance. Dated this 2nd day of October, A.D. 2001. City Clerk • `� Ipunnon. Ii�1�\� � � III �1111•���'! IIInD i_ (f �'�_� n-I- 30 30 i � ■'■ � o\u\\ IIIIIIIII. 1 �1111\ IIIn1111. _ p uu1� \ unnnu. ■■�n ■1■ a�Igaw�llw,� EME §\ �.v� WESTCHASE ANNEXATION NO. 2 d .! 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