HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/20/2012 - RESOLUTION 2012-107 FINDING SUBSTANTIAL COMPLIANCEThis annexation request is in conformance with the State of Colorado Revised Statutes as they relate to
annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins
Intergovernmental Agreements.
DATE: November 20, 2012
STAFF: Seth Lorson
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 24
SUBJECT
Resolution 2012-107 Finding Substantial Compliance and Initiating Annexation Proceedings for the Hansen Farm
Annexation.
EXECUTIVE SUMMARY
The applicant and property owner, HTC, LLC (McWhinney), has submitted a written petition requesting annexation
69.42 acres located on the west side of Timberline Road, approximately 1.5 miles south of Harmony Road. The
property, formerly a farm, is mostly vacant, with the exception of the farmhouse (single-family dwelling) and some out-
buildings. It is in the FA1 – Farming Zone District in Larimer County.
The requested zoning for this annexation is NC – Neighborhood Commercial (6.33 acres), and MMN – Medium
Density Mixed-Use Neighborhood (16.69 acres), and LMN – Low Density Mixed-Use Neighborhood (46.40 acres).
BACKGROUND / DISCUSSION
The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act,
determines that a hearing should be established regarding the annexation, and directs that notice be given of the
hearing. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on January 15,
2013; not less than thirty days of prior notice is required by State law.
This is a 100% voluntary annexation of a property owned by HTC, LLC (McWhinney) located within the Growth
Management Area. According to policies and agreements between the City of Fort Collins and Larimer County
contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area, the City will agree to
consider annexation of property in the GMA when the property is eligible for annexation according to State law. This
property gains the required 1/6 contiguity to existing City limits from a common boundary with the Willow Springs
Subdivision (2002) to the north, thus satisfying the requirement that no less than one-sixth of the perimeter boundary
be contiguous to the existing City boundary.
The requested zoning for this annexation is NC – Neighborhood Commercial (6.33 acres), MMN – Medium Density
Mixed-Use Neighborhood (15.95 acres), and LMN – Low Density Mixed-Use Neighborhood (46.40 acres). The
surrounding properties are currently zoned FA1 - Farming in the Larimer County to the south, east and west; beyond
which, to the west, is the Union Pacific Railroad and the Southridge Golf Course and, to the south, is LMN – Low
Density Mixed-Use Residential and MMN – Medium Density Mixed-Use Neighborhood; RL – Low Density Residential
and LMN – Low Density Mixed-Use Residential to the north in the City.
The proposed area and acreage for the Neighborhood Commercial (NC) zone has been slightly altered from what
exists on the City Structure Plan. The City Structure Plan calls for 8.4 acres of NC in the area bordering the north edge
of Zephyr Road, when continued west of Timberline. The proposed NC acreage is 6.33 acres and borders the south
edge of Zephyr Road, when continued west of Timberline. Long Range Planning has determined that this alteration
is minor in nature and the proposal still meets the intent of the City Structure Plan and the Fossil Creek Reservoir Area
Plan.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
November 20, 2012 -2- ITEM 24
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request on December 20,
2012. The Board’s recommendation will be forwarded to City Council as part of the First Reading of the annexation
and zoning ordinances on January 15, 2013.
PUBLIC OUTREACH
There was no public outreach for this Initiating Resolution as this Resolution simply accepts the Annexation Petition
and provides a schedule for upcoming Council hearings with a schedule and notification requirements that comply with
State Statutes.
ATTACHMENTS
1. Vicinity Map
2. Structure Plan Map
3. Existing Zoning Map
4. Proposed Zoning Map
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 3
ATTACHMENT 4
RESOLUTION 2012-107
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR THE
HANSEN FARM ANNEXATION
WHEREAS, a written petition, together with four (4) prints of an annexation map, has been
filed with the City Clerk requesting the annexation of certain property to be known as the Hansen
Farm Annexation; and
WHEREAS, the City Council desires to initiate annexation proceedings in accordance with
the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby accepts the annexation petition for the Hansen
Farm Annexation, more particularly described as situate in the County of Larimer, State of Colorado,
to wit:
A parcel of land located in the East Half of Section 7, Township 6 North, Range 68
West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being
more particularly described as follows:
Considering the East line of the Northeast Quarter of said Section 7 as bearing South
00º00'53" East and with all bearings herein relative thereto:
COMMENCING at the East Quarter Corner of said Section 7; thence, South
89º59'49" West, 30.00 feet to a point on the westerly right-of-way line of South
Timberline Road, said point being the POINT OF BEGINNING; thence along said
westerly right-of-way line, South 00º05'58" West, 150.36 feet to a point on the
northeasterly line of Johnston Annexation; thence along said northeasterly line the
following 4 courses and distances: North 86º55'07" West, 81.60 feet; thence, North
70º20'07" West, 286.00 feet; thence, North 39º29'33" West, 64.42 feet; thence, South
89º59'49" West, 314.41 feet to the West line of that tract of land described in
Reception No. 20100066406, Larimer County Records; thence along said West line
the following 16 courses and distances: North 18º53'29"East, 280.05 feet; thence,
South 80º52'47" East, 140.66 feet; thence, North 43º24'32"East, 68.46 feet; thence,
North 45º20'54" West,193.08 feet; thence, North 57º52'49" West, 191.24 feet; thence,
North 48º06'28" West, 109.43 feet; thence, North 63º34'52" West, 198.72 feet;
thence, North 49º45'28" West, 330.86 feet; thence, North 47º12'15" West, 783.31
feet; thence, North 55º07'00" West, 318.91 feet; thence, North 74º09'59" West,
184.15 feet; thence, North 03º02'18" West, 367.61 feet; thence, North 05º59'16"
West, 117.72 feet; thence, North 11º32'10" West, 221.70 feet; thence, North
02º51'46" West, 122.76 feet; thence, North 09º31'29" West, 49.42 feet to the
southerly line of Willow Springs Annexation; thence along said southerly line the
following 18 courses and distances: North 89º11'07" East, 307.33 feet; thence, North
88º58'07" East, 235.40 feet; thence, South 73º22'53" East, 83.20 feet; thence, South
46º25'53" East, 80.40 feet; thence, South 51º11'53" East, 67.70 feet; thence, South
33º06'53" East, 44.10 feet; thence, South 30º14'53" East, 82.50 feet; thence, South
03º55'53" East, 86.50 feet; thence, South 21º48'53" East, 44.90 feet; thence, South
55º53'53" East, 54.20 feet; thence, South 74º38'53" East, 367.20 feet; thence, South
67º46'53" East, 227.00 feet; thence, South 54º53'53" East, 152.80 feet; thence, South
71º51'53" East, 121.50 feet; thence, South 68º22'53" East, 243.40 feet; thence South
68º41'53" East, 208.00 feet; thence, South 55º18'53" East, 82.70 feet; thence, South
52º11'53" East, 234.62 feet to a point on the westerly right-of-way line of South
Timberline Road; thence along said westerly right-of-way line, South 00º00'53" East,
190.54 feet; thence, North 89º40'37" East, 60.00 feet to a point on the East right-of-
way line of South Timberline Road; thence along said East line, South 00º00'53"
East, 536.20 feet; thence, South 89º43'20" West, 60.00 feet to the West right-of-way
line of South Timberline Road; thence along said West line, South 00º00'53" East,
771.38 feet to the POINT OF BEGINNING.
Said parcel of land contains 69.417 acres, more or less.
Section 2. That the City Council hereby finds and determines that the annexation petition
for the Hansen Farm Annexation and accompanying map are in substantial compliance with the
Municipal Annexation Act.
Section 3. That the Notice attached hereto is hereby 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 annexation and zoning ordinances 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 this 20th
day of November A.D. 2012.
Mayor Pro Tem
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 Hansen Farm Annexation, said Annexation
being more particularly described in said Resolution, a copy of which precedes this Notice.
That, on January 15, 2013, 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 and
zoning request 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
and for the purpose of determining the appropriate zoning for the property included in the
Annexation. At such hearing, any persons may appear and present such evidence as they may desire.
This annexation is being broken out into three zone districts. The Petitioner has requested
that the following property be placed in the Low Density Mixed-Use Neighborhood (“L-M-N”) Zone
District:
A parcel of land located in the East Half of Section 7, Township 6 North, Range 68
West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being
more particularly described as follows:
Considering the East line of the Northeast Quarter of said Section 7 as bearing South
00º00'53" East and with all bearings herein relative thereto:
COMMENCING at the East Quarter Corner of said Section 7; thence, South
89º59'49" West, 30.00 feet to a point on the west right-of-way line South Timberline
Road; the thence along said west right-of-way line, North 00º00'53" West, 1,278.95
feet to the POINT OF BEGINNING; thence, South 89º59'07" West, 822.00 feet;
thence, South 00º00'53" East, 670.19 feet; thence, North 63º34'52" West, 185.84feet;
thence, North 49º45'28" West, 330.86 feet; thence, North 47º12'15" West, 783.31
feet; thence, North 55º07'00" West, 318.91 feet; thence, North 74º09'59" West,
184.15 feet; thence, North 03º02'18" West, 367.61 feet; thence, North 05º59'16"
West, 117.72 feet; thence, North 11º32'10" West, 221.70 feet; thence, North
02º51'46" West, 122.76 feet; thence, North 09º31'29" West, 49.42 feet; thence, North
89º11'07" East, 307.33 feet; thence, North 88º58'07" East, 235.40 feet; thence, South
73º22'53" East, 83.20 feet; thence, South 46º25'53" East, 80.40 feet; thence, South
51º11'53" East, 67.70 feet; thence, South 33º06'53" East, 44.10 feet; thence, South
30º14'53" East, 82.50 feet; thence, South 03º55'53" East, 86.50 feet; thence, South
21º48'53" East, 44.90 feet; thence, South 55º53'53" East, 54.20 feet; thence, South
74º38'53" East, 367.20 feet; thence, South 67º46'53" East, 227.00 feet; thence, South
54º53'53" East, 152.80 feet; thence, South 71º51'53" East, 121.50 feet; thence, South
68º22'53" East, 243.40 feet; thence, South 68º41'53" East, 208.00 feet; thence, South
55º18'53" East, 82.70 feet; thence, South 52º11'53" East, 234.62 feet to the west
right-of-way line of South Timberline Road; thence along said west right-of-way line,
South 00º00'53" East, 219.13 feet to the POINT OF BEGINNING.
Said parcel of land contains 46.40 acres, more or less.
The Petitioner has requested that the following property be placed in the Medium Density
Mixed-Use Neighborhood (“M-M-N”) Zone District:
A parcel of land located in the East Half of Section 7, Township 6 North, Range 68
West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being
more particularly described as follows:
Considering the East line of the Northeast Quarter of said Section 7 as bearing South
00º00'53" East and with all bearings herein relative thereto:
COMMENCING at the East Quarter Corner of said Section 7; thence, South
89º59'49" West, 30.00 feet to a point on the west right-of-way line of South
Timberline Road; thence along said west right-of-way line, North 00º00'53" West,
398.44 feet to the POINT OF BEGINNING; thence, South 89º43'20" West, 534.49
feet; thence, North 45º20'54" West, 45.84 feet; thence, North 57º52'49" West, 191.24
feet; thence, North 48º06'28" West, 109.43 feet; thence, North 63º34'52" West, 12.88
feet; thence, North 00º00'53" West, 670.19 feet; thence, North 89º59'07" East, 822.00
feet to the west right-of-way line of South Timberline Road; thence along said west
right-of-way line, North 00º00'50" West 28.59 feet; thence, North 89º40'37" East,
60.00 feet to the east right-of-way line of South Timberline road; thence along said
east right-of-way line, South 00º00'53" East, 536.20 feet; thence, South 89º43'20"
West, 60.00 feet to the west right-of-way line of South Timberline Road; thence
along said west right-of-way line, South 00º00'53" East, 372.94 feet to the PONT OF
BEGINNING.
Said parcel of land contains 16.69 acres, more or less.
The Petitioner has requested that the following property be placed in the Neighborhood
Commercial (“N-C”) Zone District:
A parcel of land located in the East Half of Section 7, Township 6 North, Range 68
West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being
more particularly described as follows:
Considering the East line of the Northeast Quarter of said Section 7 as bearing South
00º00'53" East and with all bearings herein relative thereto:
COMMENCING at the East Quarter Corner of said Section 7; thence, South
89º59'49" West, 30.00 feet to a point on the west right-of-way line of South
Timberline Road, said point being the POINT OF BEGINNING; thence along said
west right-of-way line, South 00º05'58" West, 150.36 feet; thence, North 86º55'07"
West, 81.60 feet; thence, North 70º20'07" West, 286.00 feet; thence, North 39º29'33"
West, 64.42 feet; thence, South 89º59'49" West, 314.41 feet; thence, North 18º53'29"
East, 280.05 feet; thence, South 80º52'47" East, 140.66 feet; thence, North 43º24'32"
East, 68.46 feet; thence, North 45º20'54" West, 147.24 feet; thence, North 89º43'20"
East, 534.49 feet to the west right-of-way line of South Timberline Road; thence
along said west right-of-way line, South 00º00'53" East, 398.44 feet to the POINT OF
BEGINNING.
Said parcel of land contains 6.33 acres, more or less.
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 20th day of November, A.D. 2012.
_______________________________
City Clerk