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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/17/2001 - ITEMS RELATING TO THE STALEY FIRST ANNEXATION AGENDA ITEM SUMMARY ITEM NUMBER: 26 A-C DATE: April 17, 2001 FORT COLLINS CITY COUNCIL John F. Fischbach FROM: Troy W. Jones SUBJECT: Items Relating to the Staley First Annexation. RECOMMENDATION: Staff and the Planning and Zoning Board recommend adoption of the Resolution. EXECUTIVE SUMMARY: A. Resolution 2001-58 Setting Forth Findings of Fact and Determinations Regarding the Staley First Annexation. 10 B. First Reading of Ordinance No. 77, 2001, Annexing Property Known as the Staley First Annexation to the City of Fort Collins. C. First Reading of Ordinance No. 78, 2001, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Staley First Annexation. BACKGROUND: 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 (County Road 9), and west of Strauss Cabin Road (County Road 7). The recommended zoning is Low Density Mixed Use Neighborhood (LMN). Contiguity This property is eligible for annexation according to CRS, requiring 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). DATE: April 17, 2001 2 ITEM NUMBER: 26 A-C Within the Urban Growth Area 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. Zoning and Analysis 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. The Planning and Zoning Board Hearing The Planning and Zoning Board recommended approval of the Staley First Annexation on March 15, 2001 by a vote of 5-0. • RESOLUTION 2001-58 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE STALEY FIRST ANNEXATION WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Staley First Annexation; and WHEREAS, following Notice given as required by law, the Council has held a hearing on said annexation. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that the petition for annexation complies with the Municipal Annexation Act. Section 2. That the Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the property proposed to be annexed; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future;and that said property is integrated with or is capable of being integrated • with the City. Section 3. That the Council further determines that the applicable parts of said Act have been met, that an election is not required under said Act and that there are no other terms and conditions to be imposed upon said annexation. Section 4. That the Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with said Act. Section 5. That the Council concludes that the area proposed to be annexed in the Staley Annexation is eligible for annexation to the City and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 17th day of April, A.D. 2001. Mayor ATTEST: City Clerk • ORDINANCE NO. 77, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE STALEY FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2001-38,finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS,the Council does hereby find and determine that it is in the best interests of the City to annex said area to the City. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, 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' 31" 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' 00"E 417.50 FEET ON AND ALONG THE SOUTH LINE OF LOT 2 OF SAID M.L.D. #00-S 1535 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-S 1535 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 Ol' 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' 31"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. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Staley First Annexation. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains,sewer lines,gas mains,electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 3. That the City hereby consents,pursuant to Section 37-45-136(3.6),C.R.S.,to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 17th day of April, A.D. 2001, and to be presented for final passage on the 1st day of May, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 1 st day of May, A.D. 2001. Mayor ATTEST: City Clerk • . ORDINANCE NO. 78, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE STALEY FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.8 of the Land Use Code of the City of Fort Collins establishes procedures-and criteria for reviewing the zoning of land; and WHEREAS,in accordance with the foregoing,the Council has considered the zoning of the property which is the subject of this ordinance,and has determined that the said property should be zoned as hereafter provided. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section • 1.3.2 of the Land Use Code of the City of Fort Collins be, and the same hereby is, changed and amended by including the property known as the Staley First Annexation to the City of Fort Collins, Colorado, in the Low Density Mixed-Use Neighborhood (LMN) Zone District, which property is 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' 00"E 417.50 FEET ON AND ALONG THE SOUTH LINE OF LOT 2 OF SAID M.L.D. #00-S 1535 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' S4"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. Ii00-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 01' 47' 31" W 30.05 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY FIGHT-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' 31" 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 Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code of the City of Fort Collins be,and the same hereby is,changed and amended by showing that the above-described property is included in the Residential Neighborhood Sign District. Section 3. That the Director of Engineering is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 17th day of April, A.D. 2001, and to be presented for final passage on the 1st day of May, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 1st day of May,A.D. 2001. Mayor ATTEST: City Clerk • so � ui ' III BONN, nn� MIN oil moll .��111Y7 k omensIloilo � , �Mll mill ON IN mom � Vll��l,il