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HomeMy WebLinkAboutEAGLE VIEW - THIRD ANNEXATION & ZONING - INITIATING RESOLUTION - 38-08 - REPORTS - RECOMMENDATION/REPORTNOTICE 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 Eagle View Third Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on January 6, 2009, 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. The Petitioner has requested that the Property included in the Annexation be placed in the Rural Lands ("RUL") Zone District. 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 December, A.D. 2008. City Clerk (2) South 00 degrees 55 minutes 24 seconds West for a distance of 10.00 feet; (3) South 89 degrees 04 minutes 36 seconds East for a distance of 600.62 feet to the northerly extension of the easterly line of Lot 1 of the Brown MLD S-60-89, a plat of record with the Clerk and Recorder of the said Larimer County; THENCE along the said extended line and along the said easterly line of Lot 1, South 00 degrees 18 minutes 17 seconds West for a distance of 70.00 feet to a line which is 10.00 feet (measured at right angles) south of and parallel with the north line of the said Lot 1; THENCE along the said parallel line, North 89 degrees 04 minutes 36 seconds West for a distance of 670.40 feet to the westerly line of the said Lot 1; THENCE along the said westerly, North 63 degrees 05 minutes 40 seconds West for a distance of 22.83 feet to the northeast corner of Lot 2 of the said Brown MLD S-60- 89; THENCE along the north line of the said Lot 2, North 89 degrees 04 minutes 36 seconds West for a distance of 600.06 feet to the northwest comer of the said Lot 2; THENCE North 89 degrees 04 minutes 36 seconds West for a distance of 59.01 feet; THENCE North 01 degrees 48 minutes 47 seconds West for a distance of 60.56 feet to the west Right of Way of the said Strauss Cabin Road; THENCE along the said west Right of Way, North 01 degrees 49 minutes 10 seconds West for a distance of 2584.30 feet to the north line of the Southeast Quarter of the said Section 4; THENCE along the said north line, South 88 degrees 36 minutes 06 seconds East for a distance of 30.05 feet to the point of beginning. Containing 5.976 acres more or Iess. 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 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 2nd day of December A.D. 2008. Mayor ATTEST: City Clerk RESOLUTION 2008-114 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE EAGLE VIEW THIRD ANNEXATION WHEREAS, a written petition and four prints of an annexation map have been filed with the City Clerk requesting the annexation of certain property to be known as the Eagle View Third 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 Eagle View Third Annexation, more particularly described as situate in the County ofLarimer, State of Colorado, to wit: A tract of land located in Sections 3, 4, 9 and 10 of Township 6 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows; Considering the west line of the Southwest Quarter of the said Section 3 as bearing South 01 degrees 49 minutes 10 seconds East between a 2.5" Aluminum Cap monument PLS 33193 at the West quarter comer of Section 3 and a 2.5" Aluminum Cap monument PLS 17497 at the Southwest corner of Section 3, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said West Quarter comer of Section 3, the West Quarter Comer is also the TRUE POINT OF BEGINNING of this description; THENCE along the north line of the said Southwest Quarter of Section 3, South 89 degrees 20 minutes 37 seconds East for a distance of 30.03 feet to the east Right of Way of Strauss Cabin Road; THENCE along the said east Right of Way, the following three (3) courses and distances, (1) South 01 degrees 49 minutes 10 seconds East for a distance of 472.58 feet; (2) South 17 degrees 10 minutes 10 seconds East for a distance of 18.89 feet; (3) South 01 degrees 49 minutes 10 seconds East fora distance of 2084.12 feet to the north Right of Way of Kechter Road; THENCE along the said north Right of Way the following three (3) courses and distances, (1) South 89 degrees 04 minutes 36 seconds East for a distance of 686.89 feet; December 2, 2008 -2- Item No. 20 North of Kechter Road and east of Strauss Cabin Road: County - FA-1 Farming, mostly undeveloped, but includes the 4-lot Buderus Minor Residential Development (MRD) containing a couple of single-family homes on large lots near the intersection of Kechter and Strauss Cabin Roads. South of Kechter Road and east of Strauss Cabin Road: County FA-1 Farming, the City -owned Eagle View Natural Area (currently in the process of being annexed); and the Brown Minor Land Division (MLD) containing a single-family home (the Petitioner's residence) West of Strauss Cabin Road and north of Kechter Road: City LMN, Low Density Mixed Use Neighborhood, Sunrise Ridge 2nd Subdivision residential development; and County FA-1 Farming, four 5-acre lots with single-family homes. The area of the Eagle View Third Annexation is located totally within the Fort Collins Growth Management Area (GMA). 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. The Eagle View Third Annexation gains its required 1/6 contiguity to existing City limits mainly from a common boundary with the Sunrise Ridge Annexation (May 2005) and the Sunrise Ridge Second Annexation (March 2006) to the west of the Strauss Cabin Road, but also from the McCelland's Creek PD & PLD Second Filing Annexation (September 2007) at the Kechter/Strauss Cabin Road intersection. Planning and Zoning Board Recommendation: The Planning and Zoning Board will conduct a public hearing on the annexations and zoning requests at its regular monthly meeting on December 11, 2008, and will make its recommendations at that time. The Board's recommendations will be forwarded to Council in time for the public hearing and second reading of the annexation and zoning ordinances scheduled for January 6, 2009. ATTACHMENTS 1. Eagle View Third Annexation Location map 2. City Plan, Structure Plan map 3. Proposed Zoning map ITEM NUMBER: 20 AGENDA ITEM SUMMARY DATE: December 2, 2008 FORT COLLINS CITY COUNCIL STAFF: Ken Waido SUBJECT Resolution 2008-114 Finding Substantial Compliance and Initiating Annexation Proceedings for the Eagle View Third Annexation. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY The proposed Resolution makes findings that the voluntary petition for the Eagle View Third Annexation substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notices be given of the hearing. The hearing will be held at the time of second readings of the annexation and zoning ordinances, scheduled for January 6, 2009. Not less than thirty days of prior notice is required by State law. The annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan (City Plan), the Larimer County and City of Fort Collins Intergovernmental Agreements, the City of Fort Collins Land Use Code, and the Harmony Corridor Plan and the Fossil Creek Reservoir Area Plan. BACKGROUND Applicant and Property Owner: Dale and Terri Brown On November 21, 2008 the Petitioners (Dale and Terri Brown) submitted an Annexation Petition for the Eagle View Third Annexation. The "L" shaped Eagle View Third Annexation is a request to re -annex certain portions of Kechter Road and Strauss Cabin Road which were disconnected from the City by Council action on October 14, 2008, and to annex other portions of those roads. Thus, the annexation mainly includes road rights -of -way including aboutl/4 mile of the right -of way of Kechter Road, from its intersection with Strauss Cabin Road to a point about 1/4 mile west of I-25, and about 1/2 mile of the right -of way of Strauss Cabin Road, from its intersection with Kechter Road to a point about 1/2 mile south of Harmony Road. Total size of the annexation is 5.9 acres with the Petitioners owning approximately .16 acres on the south side of Kechter Road. The existing land uses and zoning of surrounding properties are as follows: