HomeMy WebLinkAboutMULBERRY EAST FIRST ANNEXATION - INITIATING RESOLUTION - 12-04 - REPORTS - RECOMMENDATION/REPORT#12-04 Mulberry East First Annexation 5/10/04 N
Type II (LUC)
1 inch : 600 feet
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 Mulberry East First Annexation, said
Annexation being more particularly described in said Resolution, a copy of which precedes this
Notice.
That, on July 6, 2004, 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
"C" Commercial 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 6th day of June, A.D. 2004,
City Clerk
ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 85' 37' 56" E
200.00 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-
OF-WAY FOR A FIFTY FOOT ROAD DESCRIBED IN BOOK 1257 PAGE 457;
THENCE, S 00" 11' 26" W 419.93 FEETTO A POINT OFINTERSECTION WITH
THE NORTHERLY LINE OF THE RIVERBEND THIRD ANNEXATION TO THE
CITY OF FORT COLLINS; THENCE, N 85' 48' 34" E 50.00 FEET ALONG
SAID NORTHERLY LINE AND TO A POINT OF INTERSECTION WITH THE
EASTERLY LINE OF SAID FIFTY FOOT ROAD; THENCE, N 00' 11' 26" E
358.60 FEET ALONG SAID EASTERLY LINE, THENCE, TO THE POINT OF A
CURVE CONCAVE TO THE SOUTHEAST 22.36 FEET, WITH A RADIUS OF
15.00 FEET, A CENTRAL ANGLE OF 85' 25' 37" AND A CHORD WHICH
BEARS N 42' 54' 41" W 20.35 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY OF COUNTRY SIDE DRIVE; THENCE; N 85 ° 37' 56" E 143.40
FEET ALONG SAID LINE; THENCE, N 00' 11' 26" E 51.16 FEET TO A POINT
OF INTERSECTION WITH THE NORTHERLY LINE OF SAID COUNTRY SIDE
DRIVE; THENCE, S 85 ° 37' 56" W 157.25 FEET; THENCE, N 00` 11' 26" E 52.59
FEET; THENCE, N 18' 26' 32" E 134.30 FEET; THENCE, TO THE POINT OF A
NON TANGENT CURVE CONCAVE TO THE NORTHWEST 130.80 FEET,
WITH A RADIUS OF 937.50 FEET, A CENTRAL ANGLE OF 07a 59' 39" AND
A CHORD WHICH BEARS N 03' 19' 03" E 130.69 FEET; THENCE, N 00" 40'
46" E 53.08 FEET; THENCE, N 85' 37' 56" E 116.78 FEET; THENCE, N 04° 22'
04" E 40.00 FEET TO THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION, CONTAINING 3.036 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 apart 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 held this
1st day of June, A.D. 2004.
Mayor
ATTEST:
City Clerk
RESOLUTION 2004-067
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR THE
MULBERRY EAST FIRST 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
Mulberry East First 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 Mulberry East
First Annexation, more particularly described as situate in the County of Larimer, State of Colorado,
to wit:
A TRACT OF LAND SITUATE IN THE NORTHWEST QUARTER OF SECTION
17, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF LARIlVIER, STATE OF COLORADO;
CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 17 AS BEARING SOUTH 89° 56' 35" EAST WITH ALL BEARINGS
HEREIN RELATTVE THERETO;
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 17;
THENCE, S 56° 03' 02" W 519.41 FEET TO THE NORTHEAST CORNER OF
THE PROPERTY DESCRIBED AT RECEPTION NUMBER 85037292; THENCE,
S 85" 37' 56" W 369.10 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY OF
THE FRONTAGE ROAD WHICH ADJOINS EAST MULBERRY STREET
(A.K.A. COLORADO HIGHWAY #14) TO THE TRUE POINT OF BEGINNING
FOR THIS DESCRIPTION;
CONTINUING, S 85' 37' 56" W 402.28 FEET FOLLOWING ALONG SAID
SOUTHERLY LINE OF THE FRONTAGE ROAD; THENCE, S 00° 40' 46" E
40.08 FEET; THENCE, N 85' 37' 56" E 44.58 FEET; THENCE, S 00" 40' 46" E
128.78 FEET; THENCE, TO THE POINT OF A NON TANGENT CURVE
CONCAVE TO THE NORTHWEST 214.86 FEET, WITH A RADIUS OF 699.50
FEET, A CENTRAL ANGLE OF 17° 35' 57" AND A CHORD WHICH BEARS S
15° 37' 48" W 214.02 FEET, THENCE, S 00° 11' 26" W 29.20 FEET TO A POINT
OF INTERSECTION WITH THE NORTHERLY LINE OF THE RIVERBEND
June 1, 2004 -2- Item No.17
of first reading of the annexation and zoning ordinances. Not less than thirty days of prior notice
is required by State law.
The property is located within the Fort Collins Urban Growth Area. 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. This property gains the required 1/6 contiguity to existing City limits
from common boundaries with the Riverbend Annexation (July, 1980) to the south and west and
the Riverbend Third Annexation (August, 2000) to the south.
Planning and Zoning Board Recommendation:
The Planning and Zoning Board will conduct a public hearing on the annexation and zoning
request at its regular monthly meeting on June 17, 2004, and will make its recommendation at
that time. The Board's recommendation will be forwarded to the City Council in time for first
reading of the annexation and zoning ordinances.
ITEM NUMBER: 17
AGENDA ITEM SUMMARY DATE: June 1, 2004
FORT COLLINS CITY COUNCIL STAFF: Steve Olt
SUBJECT
Resolution 2004-067 Finding Substantial Compliance and Initiating Annexation Proceedings for
the Mulberry East First Annexation.
RECOMMENDATION
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY
This is a voluntary annexation. The area to be annexed is unincorporated municipally -owned
land.
In accordance with CRS 31-12-106 Annexation of Enclaves, Partially Surrounded Land, and
Municipally Owned Land, when the municipality is the sole owner of the area that it desires to
annex, which area is eligible for annexation as set out in CRS 31-12-104(1)(a) and CRS 31-12-
105, the governing body may by ordinance annex said area to the municipality without
complying with:
• CRS 31-12-108 Setting Hearing Date - Notice Given; or
• CRS 31-12-109 Hearing.
The annexing ordinance shall state that the area proposed to be annexed is owned by the
annexing municipality and is not solely a public street or right-of-way.
Applicant: City of Fort Collins
Property Owner: City of Fort Collins
The property is 3.04 acres in size and is located on the south side of East Mulberry Street and
west of Timberline Road. The proposed zoning for this annexation is C — Commercial. The
surrounding properties are zoned C - Commercial and I - Industrial in Latimer County to the
north, C — Commercial and FA - Farming in Latimer County to the east, C — Commercial in the
City and Latimer County to the west, and C — Commercial and LMN - Low Density Mixed -Use
Neighborhood in the City to the south.
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