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HomeMy WebLinkAboutEAST LINCOLN THIRD ANNEXATION & ZONING ..... CITY COUNCIL HEARING 10/04/1994 - 40-94, A - REPORTS - INITIATING RESOLUTION10 HPDESK MESSAGE Subject: Responses to Council member Smith's questions regarding Agenda Items 16 and 25. To: Questions From: Ken Waido Agenda Item #16: East Lincoln Third Annexation: Does the City create an enclave area due to encirclement of a property located SE of the Buckingham/Lemay intersection? Yes, an enclave is created. The enclave property would be eligible for involuntary (forced) annexation into the City near the end of 1997, ie., three years after the approval of the East Lincoln Third Annexation. According to the UGA Agreement, the City will annex enclave areas once they become eligible for involuntary annexation according to State law, ie., again, surrounded for at least three years by properties which have been annexed into the City. Agenda Item #25: Impact Fee Rebates for Affordable Housing: Are there any responses to Mr Browning's questions? There are no direct responses to the issues raised by Mr. Browning in his letter dated September 26, 1994. In Mr. Browning's letter he has just repeated the issues he raised at the Affordable Housing Board meeting on September 8, 1994. At that meeting, the Board discussed and debated Mr. Browning's issues as they related to the regulations pertaining to an Impact Fee Rebate Program. In the end, the Board voted 5-1 (Mr. Browning being the "no" vote) to recommend the proposed regulations to the Council. The Board believes the best way to guarantee low-income compliance is through a deed restriction. Basically, Mr. Browning believes the Rebate Program will not stimulate the production of affordable housing units. He argues the best way to stimulate housing development is to provide funds "up -front" as opposed to the "back -end" of a project. However, the Council has provided clear direction to the Board and staff with regards to the type of programs to be initiated to assist in the development of affordable housing and the Rebate Program is a product of that direction. o �O a BAST r,aE 4'T?REETS Y-uD- BL LF IP /n; _ T I Vacant �I i 3 L P — —_-- ---=� 1---- -- Vacant IL commerc/a/ a �1 /ndustNa/ Uses o � LU W i\ J 4\ MULBERRY AVENUE Vicinity Map EAST LINCOLN ANNEXATION & Z Project Number: 40-94 & 40-94A ONING north 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 East Lincoln Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on November 15, 1994, at the hour of 6:30 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 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. At such hearing, any persons may appear and present such evidence as they may desire. 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 for assistance. Dated this 4th day of October, A.D. 1994. City Clerk 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 an annexation ordinance 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 4th day of October, A.D. 1994. ATTEST: City Clerk 2 vii RESOLUTION 94-163 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE EAST LINCOLN 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 East Lincoln 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 I. That the Council hereby accepts the annexation petition for the East Lincoln Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: SITUATED IN THE NW 1/4 OF SECTION 7, T.7N., R.68W., OF THE 6TH P.M., LARIMER COUNTY, COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE NW 1/4 OF SAID SECTION 7; THENCE N 02004'03" E ALONG THE WEST LINE OF SAID NW 1/4 A DISTANCE OF 60.00 FEET; THENCE S 87°59'32" E A DISTANCE OF 69.71 FEET TO A POINT LYING AT THE INTERSECTION OF THE NORTHERLY R.O.W. LINE OF EAST LINCOLN AVENUE AND THE EASTERLY R.O.W. LINE OF NORTH LEMAY AVENUE BEING THE EASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 1974 AT PAGE 581 IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE, SAID POINT BEING THE POINT OF BEGINNING; THENCE N 12o 45, 46 W ALONG SAID EASTERLY R.O.W. LINE AND THE EASTERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 1974 AT PAGE 581 A DISTANCE OF 155.13 FEET TO THE NORTHERLY CORNER OF SAID PARCEL DESCRIBED IN BOOK 1974 AT PAGE 581; THENCE N 02 04 03 E PARALLEL WITH THE WEST LINE OF SAID SECTION 7 AND CONTINUING ALONG SAID EASTERLY R.O.W. LINE A DISTANCE OF 782.67 FEET; THENCE S 87°55'57" E A DISTANCE OF 791.00 FEET; THENCE S 02°04'03" W AND PARALLEL WITH THE WEST LINE OF SAID NW 1/4 A DISTANCE OF 992.75 FEET TO A POINT LYING ON THE NORTHERLY R.O.W. LINE OF EAST LINCOLN AVENUE AS SHOWN ON THE LARIMER COUNTY, COLORADO ASSESSOR MAPS; THENCE N 87°59'32" W ALONG SAID NORTHERLY R.O.W. LINE A DISTANCE OF 80.98 FEET TO A POINT LYING NON -TANGENT ON A CURVE; THENCE ALONG A CURVE TO THE LEFT WHOSE CHORD BEARS N 78°55'03" W A DISTANCE OF 380.42 FEET AND CONTINUING ALONG SAID NORTHERLY R.O.W. LINE, SAID CURVE HAVING A CENTRAL ANGLE OF 18°08'57", A RADIUS OF 1206.00 FEET, AN ARC LENGTH OF 382.02 FEET TO A POINT OF TANGENT; THENCE N 87059'32" W ALONG SAID TANGENT AND CONTINUING ALONG SAID NORTHERLY R.O.W. LINE A DISTANCE OF 294.59 FEET TO THE POINT OF BEGINNING. CONTAINING (747,449 SQUARE FEET) 17.159 ACRES. AGENDA ITEM SUMMARY ITEM NUMBER: 16 DATE: October 4, 1994 FORT COLLINS CITY COUNCIL STAFF: Ken Waido SUBJECT: Resolution 94-163 Finding Substantial Compliance and Initiating Annexation Proceedings for the East Lincoln Third Annexation. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: The applicant, Diamond Shamrock, on behalf of the property owners, Webster Associates, has submitted a written petition requesting annexation of approximately 17 acres located north of East Lincoln Avenue and east of Lemay Avenue. 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 to be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by Colorado 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 consider the annexation property in the UGA when the property is eligible for annexation according to state law. The property gains the required 1/6 contiguity to existing city limits from a common boundary with the Northeast Consolidates Annexation to the west and the Fort Collins Business center Annexation to the east and north. Planning and Zoning Board Recommendation: The Planning and Zoning Board will conduct a public hearing on the request for annexation and zoning at its regular monthly meeting on October 24, 1994, and will make its recommendation at that time. The Board's recommendation will be forwarded to the City Council in time for the public hearing and first readings of the annexation and zoning ordinances scheduled for November 15, 1994.