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AIRPARK VILLAGE - ANNEXATION & ZONING - 16-05 - REPORTS - INITIATING RESOLUTION
the long chord of which bears N35'24' 16"W 123.84 feet; thence along the Northerly line of the Second Replat of the Fort Collins Industrial Park, N52'20'51 "W 1462.19 feet to the Northwest Corner of Lot 106A of the 3rd Replat of Fort Collins Industrial Park; thence along the West line of said Lot 106A, S00'23'41 "E 30.80 feet; thence along the Northerly line of Lot 12 of the Replat of Lots 11 through 17, Fort Collins Business Center 1st Filing, N52'03'36"W 480.54 feet; thence along the Northerly line of Fort Collins Business Center 2nd Filing, N52'08'56"W 599.99 feet; thence N37'43'58"E 107.72 feet; thence N52'04'42"W 913.48 feet; thence N88'32'50"E 1505.93 feet to the Northeast Corner of Tract S, Dry Creek Minor Subdivision; thence along the Westerly line of said Tract S, S00' 18'06"E 171.84 feet, and again N88' 14'57"E 422.85 feet, and again S55'25'36"E 400.19 feet, and again S00'00'36"W 510.00 feet; thence along the Southerly line of said Dry Creek Minor Subdivision, S55' 19'53"E 1778.89 feet to the Southeast Comer of said Dry Creek Minor Subdivision; thence along the East line of said Dry Creek Minor Subdivision, N00'06'35"E 121.43 feet to a point on the Northerly right-of-way line of International Boulevard; thence along said Northerly right-of-way line, S55' 19'53"E 945.07 feet, and again S89'2921 "E 802.17 feet; thence S00'05'31 "W 1299.48 feet to the point of beginning, containing 147.8331 acres, more or less, and being subject to all easements and rights -of -way which are existing or are of record or as shown on this plat. 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 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 3rd day of May, A.D. 2005. Mayor ATTEST: City Clerk RESOLUTION 2005-041 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE AIRPARK VILLAGE 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 Airpark Village 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 Airpark Village Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land situate in Sections 7 and 8, Township 7 North, Range 68 West of the Sixth P.M., County of Larimer, State of Colorado, which, considering the North line of the West 1/2 of said Section 8 as bearing S89'28'51"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S I6'38'59"W 4367.77 feet from the North 1/4 Corner of said Section 8, and run thence S00' 1 TO "W 687.33 feet to the Northeast Comer of Lot 3 of the Replat of Lot 1, Fort Collins Community Airpark Subdivision; thence along the Northerly line of said Lot 3, N59'04120"W 269.73 feet; thence S38'07'20"W 228.23 feet to a point on the Northerly right-of-way tine of Airway Avenue; thence S40'48'26"W 100.00 feet to a point on the Southerly right-of-way line of Airway Avenue; thence along said Southerly right-of-way line, along the arc of a 100.00 foot radius curve to .the left a distance of 4.77 feet, the long chord of which bears N50'32'47"W 4.77 feet, and again N51'54'51 "W 1002.79 feet; thence N38'46'56"E 337.18 feet to the Northeast Corner of Lot 29, Fort Collins Community Airpark Subdivision; thence along the Northerly line of said Fort Collins Community Airpark Subdivision, N51'47'27"W 921.48 feet to a point on the Easterly right-of-way line of Airpark Drive; thence along said Easterly right-of-way line, along the arc of a 100.00 foot radius curve to the right a distance of 17.45 feet, the long chord of which bears S33'12'32"W 17.43 feet; thence N51'47133"W 100.00 feet to a point on the Southerly right-of-way line of Airpark Drive; thence along said Southerly right-of- way line, along the arc of a 20.00 foot radius curve to the left a distance of 31.36 feet, the long chord ofwhich bears N06'58'49"W 28.26 feet, and again N52'01'54"W 862.28 feet, and again along the arc of a 134.02 foot radius curve to the right a distance of 77.75 feet, the long chord of which bears N35' 13'30"W 76.66 feet, and again along the arc of a 214.40 foot radius curve to the left a distance of 125.62 feet, RESOLUTION 2005-041 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR T14F No Text ATTACHMENT"So STATE OF COLORADO ) )Ss. COUNTY OF LARIMER ) The undersigned, being first duly sworn upon his oath states: That he was the circulator of the attached Petition for Annexation and that each signature therein is the signature of the person whose name it purports to be. Subscribed and swom to before me this 24 ft+ day of Mf4R.0 N 2005 by �Yn GoV-4 WITNESS my hand and official seal. Commissldn Expiration i ;I ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANEXATION A tract of land situate in Sections 7 and 8, Township 7 North, Range 68 West of the Sixth P.M., County of Larimer, State of Colorado, which, considering the North line of the West 1/2 of said Section 8 as bearing S89°28'51 "E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S 16°38'S9"W 4367.77 feet from the North 1/4 Comer of said Section 8, and run thence S00° 1TO1 "W 687.33 feet to the Northeast Corner of Lot 3 of the Replat of Lot 1, Fort Collins Community Airpark Subdivision; thence along the Northerly line of said Lot 3, N59'04'20"W 269.73 feet; thence S38°0720"W 228.23 feet to a point on the Northerly right-of-way line of Airway Avenue; thence S40°48'26"W 100.00 feet to a point on the Southerly right-of-way line of Airway Avenue; thence along said Southerly right-of-way line, along the arc of a 100.00 foot radius curve to the left a distance of 4.77 feet, the long chord of which bears N50°3247"W 4.77 feet, and again N51 °54'51 "W 1002.79 feet; thence N38°46'56"E 337.18 feet to the Northeast Comer of Lot 29, Fort Collins Community Airpark Subdivision; thence along the Northerly line of said Fort Collins Community Airpark Subdivision, N51°47127"W 921.48 feet to a point on the Easterly right-of-way line of Airpark Drive; thence along said Easterly right-of-way line, along the arc of a 100.00 foot radius curve to the right a distance of 17.45 feet, the long chord of which bears S33"12'32"W 17.43 feet; thence N51 °47'33 "W 100.00 feet to a point on the Southerly right-of-way line of Airpark Drive; thence along said Southerly right-of-way line, along the arc of a 20.00 foot radius curve to the left a distance of 31.36 feet, the long chord of which bears N06"58'49"W 28.26 feet, and again N52001'54"W 862.28 feet, and again along the arc of a 134.02 foot radius curve to the right a distance of 77.75 feet, the long chord of which bears N35° 13'30"W 76.66 feet, and again along the are of a 214.40 foot radius curve to the left a distance of 125.62 feet, the long chord of which bears N35024'I VW 123.84 feet; thence along the Northerly line of the Second Replat of the Fort Collins Industrial Park, N52020'51 "W 1462.19 feet to the Northwest Corner of Lot 106A of the 3rd Replat of Fort Collins Industrial Park; thence along the West line of said Lot 106A, S00°23'41 "E 30.80 feet; thence along the Northerly line of Lot 12 of the Replat of Lots 11 through 17, Fort Collins Business Center 1st Filing, N52°03'36"W 480.54 feet; thence along the Northerly line of Fort Collins Business Center 2nd Filing, N52'08'56"W 599.99 feet; thence N37'43'58"E 107.72 feet; thence N52104'42"W 913.48 feet; thence N88132'50"E 1505.93 feet to the Northeast Corner of Tract S, Dry Creek Minor Subdivision; thence along the Westerly line of said Tract S, S00°l 810611E 171.84 feet, and again N88°14'57"E 422.85 feet, and again S5512536"E 400.19 feet, and again S00°00'36"W 510.00 feet; thence along the Southerly line of said Dry Creek Minor Subdivision, S55019'S3"E 1778.89 feet to the Southeast Comer of said Dry Creek Minor Subdivision; thence along the East line of said Dry Creek Minor Subdivision, N00006'35"E 121.43 feet to a point on the Northerly right-of-way line of International Boulevard; thence along said Northerly right-of-way line, S55019'53 "E 945.07 feet, and again S89029121 IT 802.17 feet; thence S00'05'31 "W 1299.48 feet to the point of beginning, containing 147.8331 acres, more or less, and being subject to all easements and rights -of -way which are existing or are of record or as shown on this plat. KINCAID PROPERTY LEGAL DESCRIPTION: A tract of land situate in Section 7, and in the West %s of Section 8, Township 7 North, Range 68 West of the Sixth P.M., County of Larimer, State of Colorado, which, considering the North line of the said West %2 of Section 8 as bearing S89°28'5I"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S16°38'59"W 4367.77 feet, and again N51 °50' 17"W 1963.88 feet from the North ''/< corner of said Section 8, and run thence N55°19'35"W 1260.04 feet, thence N70°30'39W 14.97 feet; thence N71°07'OT'W 354.20 feet; thence N53044'03"W 297.64 feet; thence N35°25'40"E 491.85 feet; thence S55°19'54"E 2495.80 feet; thence N89°28'44"W 712.48 feet to the point of beginning, containing 21.2917 acres, more or less, and being subject to all easements and rights -of -way which are existing or are of record or as shown on this plat. (Check box if applicable). The Petitioners reserve the right to withdraw this petition and their signatures therefrom at any time prior to the commencement of the roll call of the City Council for the vote upon the second reading of the annexation ordinance. Individual Petitioners signing this Petition represent that they own the portion(s) of the area described on Attachment "A' as more particularly described below: A tract of land situate in the County of Ladmer, State of Colorado, to wit: INSTRUCTIONS: INSERT HERE the legal description of individual parcels, or if only ownership, type "See Legal Description on AttachmenI yee attg(,In„v e►^� '- •�—` IKi"Cola pal IN WITNESS WHEROF, I/we hays executed this Petition for Annexation this Ad of .2 r Netnioner's/F+ ter's Signature Petitioner's/Owner's Signature Address Address city r% G� Statb� p/City State Zip AIRPARK PROPERTY PARCELI 21 acres LEGAL DESCRIPTION: A tract of land situate in Section 7 and the West'/z of Section 8, Township 7 North, Range 68 West of the 0 P.M., County of Larimer, State of Colorado, which considering the North line of the said West''/z of Section 8 as bearing S89°28'51 "E with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S 16°3815911W 4367.77 feet from the North '/. comer of said Section 8 and run thence N51050' 17"W 1963.88 feet; thence S89°29'03"E 1546.13 feet; thence S00005'3I"W 1199.54 feet to the point of beginning, containing 21.2878 acres more or less. AND PARCELS 2 THROUGH 7 80 acres LEGAL DESCRIPTION: A tract of land situate in Section 7 and the West %z of Section 8, Township 7 North, Range 68 West of the 6 h P.M., County of Larimer, State of Colorado, which considering the North line of the said West ''/s of Section 8 as bearing S89°28'51"E with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S16038'59"W 4367.77 feet from the North '/. corner of said Section 8 and run thence S00°17'01"W 687.33 feet; thence N59°04'02"W 269.73 feet; thence S38007'20"W 228.76 feet, thence N47°23'45"W 9.55 feet; thence N51°54'51"W 1001.57 feet; thence N38°46'56"E 237.17 feet; thence N51 °47'27"W 921.52 feet; thence along the arc of a 100.00 foot radius curve to the left a distance of 139.63 feet, the long chord of which bears N11°47'27"W 128.56 feet; thence N52'01'54"W 882.40 feet; thence along the arc of a 54.02 foot radius curve to the right a distance of 31.34 feet, the long chord of which bears N35°13'30"W 30.90 feet; thence along the are of a 294.40 foot radius curve to the left a distance of 131.87 feet, the long chord of which bears N31 °26' 1 T'W 130.77 feet; thence S27°4l'00"W 85.85 feet; thence along the arc of a 214.40 foot radius curve to the left a distance of 56.27 feet, the long chord of which bears N44043'05"W 56.10 feet; thence N52120'5l"W 1462 .19 feet; thence S11°29'50"E 37.15 feet; thence N52°03'36"W 489.66 feet; thence N52°08'56"W 599.99 feet; thence N37043'58"E 107.72 feet; thence N52°04'42"W 913.48 feet; thence N88°32'50"E 1505.93 feet; thence S00°18'06"E 970.25 feet; thence S54°55'12"E 756.19 feet; thence S53045'02"E 297.64 feet; thence S71°07'07"E 354.20 feet; thence S70030'38"E 14.97 feet; thence S55119'34"E 1260.04 feet; thence S51 °50' 17"E 1963.88 feet to the point of beginning, containing 79.8304 acres more or less. 4 (Check box if applicable). The Petitioners reserve the right to withdraw this petition and their signatures therefrom at any time prior to the cornrnencement of be rok Call of the City Counci for the vote upon the second reading of the annexation ordinance. Individual Petitioners signing this Petition represent that they own the portions) of the area described on Attachment W as more parumdady described bebw A tract of land situate in the County of Larimer, State of Colorado, to -wit: INSTRUCTIONS: INSERT HERE the legal description of hidkidual r -r r m On or K only ownership, type "See Legal Dot on AtddWjent yfi .m �ee �4acheJ kid t AIr�}a.r ra� IN WITNE§S WI PROF, Uwe have executed this Petition for Annexation this day of Q uol y ,xi � rrk , s©e o -Ln� Petitio� �" ltcl4i�J l�1jP'.� , P. d- •r'stOwnees Signature �etitlwter's/Owners ?.boo 4IIE- JO—Y 4ve Address Address City State Zip City State Zip PETITION FOR ANNEXATION THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the Council of the City of Fort Collins, CqIorado or the annexation of an are, to be referred to as the ` O �%' Annexation to the City of Fort Collins. Said area, co sisting of approximately are byoX*J 1*4 ( i ` S ) acres, is more particularly described on Attachment "A,' attached hereto. The Petitioners allege: That it is desirable and necessary that such area be annexed to the City of Fort Collins. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been met 3. That not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the boundaries of the City of Fort Collins. 4. That a community of interest exists between the area proposed to be annexed and the City of Fort Collins. 5. That the area to be annexed is urban or will be urbanized in the near future. 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Fort Collins. That the Petitioners herein comprise more that fifty percent (50%) of the landowners in the area and own more than fifty percent (50%) of the area to be annexed, excluding public streets, alleys and lands owned by the City of Fort Collins. 8. That the City of Fort Collins shall not be required to assume any obligations 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 proposed to be annexed except as may be provided by the ordinance of the City of Fort Collins. Further, as an express condition of annexation, Petitioners consent to the inclusion into the Municipal Subdistrict, Northern Colorado Water Conservancy District (the "Subdistrict") pursuant to §37- 45-136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners' property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict at the time of inclusion of Petitioners' lands. Petitioners agree to waive any right to an election which may exist pursuant to Article X, §20 of the Colorado Constitution before the Subdistrict can impose such mill levies and special assessments as it has the authority to impose. Petitioners also agree to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, §20 of the Colorado Constitution. WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the annexation of the area described on Attachment "A." Furthermore, the Petitioners request that said area be placed in the E— 9"m&eK Zone District pursuant to the Land Use Code of the City of Fort Collins. ks East Mulberri - Corridor Plan 91 Framework Plan Overlay Futurc Rvdevelopinvol option September IS, 2002 rr L M M M 0 :M districts, that, by changing the designation, the above Principles and Policies continue to be promoted. Industrial uses permitted in each zone are as follows: • . light industrial uses, • Research laboratories, Warehouses. Composting facilities, • Warehouse and distribution facility, Dry-cleaning plants. Workshops and custom small industries • tight industrial uses, • Heavy industrial uses. • Recycling faciities, Research laboratories, • Warehouses. • Composting facilities, • Warehouse and distribution facility, • Dry-cleaning plants, • Workshops and custom small industries, • Recreational vehicle, twat and truck storage, • Outdoor storage facility, • Resource extraction, processes and sales establishments, • Junk Yards, • Airports and airstrips, • Transport terminals (truck terminals, public works yards, container storage), • Farm implement and heavy equOpmert sales. 3 these public meetings can be found on the project's website at http'//www.airparkvilla eg com. 2. The proposed amendments to the EMCP plan will promote the public welfare. a. The public welfare is served by providing jobs and housing in balance with one another, especially when provided in close proximity to one anther in the same neighborhood. A balance of jobs and housing within a development provides housing opportunities for new workers generated by the new jobs. When these are provided within the same neighborhood, the,opportunity for workers to live in close proximity to their place of employment is enhanced. 3. The proposed amendments to the EMCP plan will be consistent with the vision, goals, principles and policies of City Plan and the EMCP. a. Principle EMC.LU-1 Future residential neighborhoods will be integrated with existing residential subdivisions, and be within close proximity to shopping, recreation and employment destinations. b. Principle EMC.LU-2 The East Mulberry Corridor study area will support quality employment districts for a variety of primary workplaces and supporting uses. Policy EMC.LU-3.1 Employment districts will include the development of planned office and business parks that promote quality design and construction of buildings, outdoor spaces, transportation facilities and streetscapes. They should encompass the development of workplaces consistent with the availability of public facilities and services and should continue the vitality and quality of life in adjacent residential neighborhoods. d. Policy EMC.LU-3.2 The Employment District's primary uses will include offices and institutions, light industrial uses and research and development activities. e. Principle EMC.LU4. The East Mulberry Corridor study area supports the retention of existing industrial and agricultural business uses and their future expansion. Policy EMC.LU4.1. Existing and future industrial uses will be supported and focused along I-25 frontage and around the Fort Collins Downtown Airport area. We are proposing changing the land use designation on the "Overlay Framework Plan" within the EMCP from Industrial to Employment. There's enough of an overlap between the industrial type uses allowed in both Employment and Industrial zoning ATTACHMENT Statement of Principles and Policies & Consistency with the City Structure Plan for the Airpark Village Annexation Summary of Request As part of the Airpark Village Annexation, we request to change the land use designation of the property being annexed from Industrial District to Employment District. The applicable land use designation has been established in the East Mulberry Corridor Plan's "Framework Overlay Plan," which is translated into the City Structure Plan. This request is to amend the land use designation on both the East Mulberry Plan's "Framework Overlay Plan," and the City Structure Plan. Criteria to Amend the Framework Overlay Plan and the City Structure Plan (Appendix C of City Plan) A plan amendment will be approved if the City Council makes specific findings that: • The existing City Plan and/or any related element thereof is in need of the proposed amendment; and The proposed plan amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof. Justification to Amend the Framework Overlay Plan and the City Structure Plan 1. The EMCP is in need of being amended for the following reasons: a. From July 2004 through February 2005, the developer conducted a series of neighborhood meetings which involved the neighboring property owners in deciding appropriate uses, intensities, street configurations, and massing & scale of buildings for the redevelopment. Through this process, the development team, together with input from the neighboring property owners, did a much more comprehensive analysis of future development scenarios of the airport site (and adjacent properties) than was done as part of the EMCP process. Summaries of No Text AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT ITEM NUMBER: 20 DATE: May 3, 2005 STAFF: Ted Shepard Resolution 2005-041 Finding Substantial Compliance and Initiating Annexation Proceedings for the Airpark Village Annexation. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY The Airpark Village is 147.83 acres in size. The site is existing privately owned airport located north of East Lincoln Avenue, south of East Vine Drive and west of Timberline Road. Contiguity with the existing municipal boundary is gained along portions of the west and east property lines. The east property line abuts the Dry Creek Subdivision. The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on June 7, 2005. Not less than 30 days prior, published notice is required by State law. BACKGROUND This is a 100% voluntary annexation for a property located within the Growth Management Area. The property satisfies the requirement that no less than one -sixth of the perimeter boundary be contiguous to the existing City boundary. ATTACHMENTS 1. Vicinity Map 2. Annexation Petition