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HomeMy WebLinkAboutKECHTER CROSSING ANNEXATION & ZONING - ANX120008 - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONFossil Creek Reservoir Area Plan In addition, the Annexation and Zoning of the Kechter Crossing property is supported by the following Policies contained in the Fossil Creek Reservoir Area Plan. The Fossil Creek Reservoir Area Plan represents collaboration between Latimer County, the City of Fort Collins and citizens in developing a long-range plan for an area outside Fort Collins municipal and Growth Management Area boundaries. The primary objective of the Plan is to direct future urban development toward municipal boundaries, while balancing preservation of open lands and critical natural areas around the Fossil Creek Reservoir and areas between Loveland and Fort Collins, and while maintaining sensitivity to the rights of individuals. FC-LUF-1 Community Design. New urban development will be required to be consistent with the principles and policies for community design and new residential neighborhoods established by the Fort Collins City Plan. Urban development that will follow the annexation and zoning of this property will be consistent with City Plan Principles and Policies. The specific Principles and Policies of City Plan supported by the proposed Annexation and Zoning are listed above. FC-LUF-3 Mixed -Use Neighborhoods. These neighborhoods will consist of a mix of housing types near parks, schools, and a neighborhood center. The density will be a minimum overall average of either 3 or 5 units per acre, with an overall maximum of 8 dwelling units per acre, and maximum of 12 units per acre for any single phase. This residential classification will require design and development standards agreed upon by both Larimer County and the City of Fort Collins. The Low Density Mixed -Use Neighborhood District (LMN) is proposed for the Kechter Crossing Annexation. The Kechter Crossing property is approximately one-half ('/z) mile from Bacon Elementary School, one and one-half (1 ''/z)miles from Kinard Middle School and Preston Middle School, and one (1) mile of Fossil Ridge High School. The Kechter Crossing property is in close proximity (two (2) miles or less) to major activity centers (Harmony Corridor) including PVH Harmony Campus, grocery store anchored facilities and resident services within Front Range Village. The Final Development Plan Documents adopted by both the County Development Agreement and the City Development Agreement conform to design and development standards agreed upon by both Latimer County and the City of Fort Collins. future development will not exceed the capacity of the infrastructure. The site can be adequately served by critical public facilities and services such as water, sewer, police, transportation, fire, stormwater management, and parks, in accordance with adopted levels of service for public facilities and services. An elementary school, a middle school and a high school are located within approximately one mile, and a community regional shopping areas are located approximately 1 1/3 miles to the north along the Harmony Corridor. Principle LIV 19: The City Structure Plan Map establishes the desired development pattern for the City, serving as a blueprint for the community's desired future. The land use designations depicted on the City Structure Plan map along with the Policies written in the Fossil Creek Reservoir Area Plan were used as a guide in determining the proposed future zoning for the Kechter Crossing property. The proposed LMN zone district is consistent with the City Structure Plan Map and the Fossil Creek Reservoir Area Plan. Principle LIV 25: The City will require and assist with coordinated neighborhood design efforts among separate development parcels. Policy LIV 25.2 — Require Overall Coordination The Petitioner recognizes and shares the City's desire to coordinate planning efforts between neighborhoods. The Final Development Plan Documents were carefully coordinated with both Larimer County and the City of Fort Collins as evidenced by the County Development Agreement and the City Development Agreement. The proposed annexation and zoning allows for interconnecting streets, access to schools, parks and open space. The proposed annexation and zoning is consistent with the Intergovernmental Agreement between the City and the County that governs this area. The property is also located within the Fossil Creek Reservoir Area Plan boundary and the proposed zoning is consistent with the land use policies outlined in that document. Principle LIV 28: Low Density Mixed- Use Neighborhoods will provide opportunities for a mix of low density housing types in a setting that is conducive to walking and in close proximity to a range of neighborhood serving uses. The proposed zoning classification is consistent with the Fossil Creek Reservoir Area Plan. In addition, the neighborhood is approximately one-half ('/z) mile from Bacon Elementary School, one and one-half (1 %2)miles from Kinard Middle School and Preston Middle School, and one (1) mile of Fossil Ridge High School, making walking and biking to school a viable alternative. Principle T 3: Land use planning decisions, management strategies, and incentives will support and be coordinated with the City's transportation vision. The proposed annexation and zoning will facilitate the City's transportation goals and objectives. The Kechter Crossing property's proximity to major activity centers (Harmony Corridor) and schools will encourage walking and bicycling for transportation as well as transit use. ATTACHMENT "E" Kechter Crossing Annexation and Zoning - Principles and Policies Statement (Addressing Number 5 of the Submittal Requirements for Annexation and Zoning) 5) Statement of Principles and Policies and consistency with the City Structure Plan being achieved by the zoning of the property to the zoning district being proposed by the Applicant. (Submittal Requirements) CITY PLAN Principle LIV 1: City development will be contained by well-defined boundaries that will be managed using various tools including utilization of a Growth Management Area, community coordination, and Intergovernmental Agreements. Policy LIV 1.1- Utilize a Growth Management Area Collaborate with the County and other jurisdictions in utilizing a Growth Management Area (GMA) surrounding Fort Collins to guide and manage growth outside of the City limits and delineate the extent of urban development in Fort Collins. Principle LIV 3: The City will coordinate facilities and services with the timing and location of development and ensure that development only occurs where it can be adequately served. The Kechter Crossing property is located within the City's Growth Management Area boundary. The proposed annexation and zoning is consistent with the Intergovernmental Agreement between the City and the County that governs this area. The property is also located within the Fossil Creek Reservoir Area Plan boundary and the proposed zoning is consistent with the land use policies outlined in that document. Annexation of the property will insure a compact land use pattern within a well-defined boundary, with adequate public facilities and infrastructure available to serve future residents. Principle LIV 2: The City will consider the annexation of new territory into the City limits when the annexation of such property conforms to the vision, goals, and policies of City Plan. Policy LIV 2.1- Follow Annexation Policies Principle LIV 3: The City will coordinate facilities and services with the timing and location of development and ensure that development only occurs where it can be adequately served. Kechter Crossing property is located within the Growth Management Area and meets the statuary requirements for annexation. Public infrastructure is available at the site and proposed Fossil Creek Reservoir Area Plan In addition, the Annexation and Zoning of the Kechter Crossing property is supported by the following Policies contained in the Fossil Creek Reservoir Area Plan. The Fossil Creek Reservoir Area Plan represents collaboration between Larimer County, the City of Fort Collins and citizens in developing a long-range plan for an area outside Fort Collins municipal and Growth Management Area boundaries. The primary objective of the Plan is to direct future urban development toward municipal boundaries, while balancing preservation of open lands and critical natural areas around the Fossil Creek Reservoir and areas between Loveland and Fort Collins, and while maintaining sensitivity to the rights of individuals. FC-LUF-1 Community Design. New urban development will be required to be consistent with the principles and policies for community design and new residential neighborhoods established by the Fort Collins City Plan. Urban development that will follow the annexation and zoning of this property will be consistent with City Plan Principles and Policies. The specific Principles and Policies of City Plan supported by the proposed Annexation and Zoning are listed above. FC-LUF-3 Mixed -Use Neighborhoods. These neighborhoods will consist of a mix of housing types near parks, schools, and a neighborhood center. The density will be a minimum overall average of either 3 or 5 units per acre, with an overall maximum of 8 dwelling units per acre, and maximum of 12 units per acre for any single phase. This residential classification will require design and development standards agreed upon by both Larimer County and the City of Fort Collins. The Low Density Mixed -Use Neighborhood District (LMN) is proposed for the Kechter Crossing Annexation. The Kechter Crossing property is approximately one-half ('/z) mile from Bacon Elementary School, one and one-half (1 '/2)miles from Kinard Middle School and Preston Middle School, and one (1) mile of Fossil Ridge High School. The Kechter Crossing property is in close proximity (two (2) miles or less) to major activity centers (Harmony Corridor) including PVH Harmony Campus, grocery store anchored facilities and resident services within Front Range Village. The Final Development Plan Documents adopted by both the County Development Agreement and the City Development Agreement conform to design and development standards agreed upon by both Larimer County and the City of Fort Collins. future development will not exceed the capacity of the infrastructure. The site can be adequately served by critical public facilities and services such as water, sewer, police, transportation, fire, stormwater management, and parks, in accordance with adopted levels of service for public facilities and services. An elementary school, a middle school and a high school are located within approximately one mile, and a community regional shopping areas are located approximately 1 1/3 miles to the north along the Harmony Corridor. Principle LIV 19: The City Structure Plan Map establishes the desired development pattern for the City, serving as a blueprint for the community's desired future. The land use designations depicted on the City Structure Plan map along with the Policies written in the Fossil Creek Reservoir Area Plan were used as a guide in determining the proposed future zoning for the Kechter Crossing property. The proposed LMN zone district is consistent with the City Structure Plan Map and the Fossil Creek Reservoir Area Plan. Principle LIV 25: The City will require and assist with coordinated neighborhood design efforts among separate development parcels. Policy LIV 25.2 — Require Overall Coordination The Petitioner recognizes and shares the City's desire to coordinate planning efforts between neighborhoods. The Final Development Plan Documents were carefully coordinated with both Larimer County and the City of Fort Collins as evidenced by the County Development Agreement and the City Development Agreement. The proposed annexation and zoning allows for interconnecting streets, access to schools, parks and open space. The proposed annexation and zoning is consistent with the Intergovernmental Agreement between the City and the County that governs this area. The property is also located within the Fossil Creek Reservoir Area Plan boundary and the proposed zoning is consistent with the land use policies outlined in that document. Principle LIV 28: Low Density Mixed- Use Neighborhoods will provide opportunities for a mix of low density housing types in a setting that is conducive to walking and in close proximity to a range of neighborhood serving uses. The proposed zoning classification is consistent with the Fossil Creek Reservoir Area Plan. In addition, the neighborhood is approximately one-half (%) mile from Bacon Elementary School, one and one-half (I ''/z)miles from Kinard Middle School and Preston Middle School, and one (1) mile of Fossil Ridge High School, making walking and biking to school a viable alternative. Principle T 3: Land use planning decisions, management strategies, and incentives will support and be coordinated with the City's transportation vision. The proposed annexation and zoning will facilitate the City's transportation goals and objectives. The Kechter Crossing property's proximity to major activity centers (Harmony Corridor) and schools will encourage walking and bicycling for transportation as well as transit use. ATTACHMENT "E" Kechter Crossing Annexation and Zoning - Principles and Policies Statement (Addressing Number 5 of the Submittal Requirements for Annexation and Zoning) 5) Statement of Principles and Policies and consistency with the City Structure Plan being achieved by the zoning of the property to the zoning district being proposed by the Applicant. (Submittal Requirements) CITY PLAN Principle LIV 1: City development will be contained by well-defined boundaries that will be managed using various tools including utilization of a Growth Management Area, community coordination, and Intergovernmental Agreements. Policy LIV 1.1- Utilize a Growth Management Area Collaborate with the County and other jurisdictions in utilizing a Growth Management Area (GMA) surrounding Fort Collins to guide and manage growth outside of the City limits and delineate the extent of urban development in Fort Collins. Principle LIV 3: The City will coordinate facilities and services with the timing and location of development and ensure that development only occurs where it can be adequately served. The Kechter Crossing property is located within the City's Growth Management Area boundary. The proposed annexation and zoning is consistent with the Intergovernmental Agreement between the City and the County that governs this area. The property is also located within the Fossil Creek Reservoir Area Plan boundary and the proposed zoning is consistent with the land use policies outlined in that document. Annexation of the property will insure a compact land use pattern within a well-defined boundary, with adequate public facilities and infrastructure available to serve future residents. Principle LIV 2: The City will consider the annexation of new territory into the City limits when the annexation of such property conforms to the vision, goals, and policies of City Plan. Policy LIV 2.1- Follow Annexation Policies Principle LIV 3: The City will coordinate facilities and services with the timing and location of development and ensure that development only occurs where it can be adequately served. Kechter Crossing property is located within the Growth Management Area and meets the statuary requirements for annexation. Public infrastructure is available at the site and proposed The historical use of the property has been farming and ranching, but now that urban development has almost surrounded the property, the owners recognize that development of the property, consistent with the urban fabric of Fort Collins is the highest and best use of the land. The boundary of the GMA, together with the IGA, verifies that the City and County agree that annexation is appropriate as anticipated in both the County Development Agreement and the City Development Agreement. The Petitioner agrees that this is both appropriate and desirable. 4(h) A description of the zoning classification being requested and any condition requested for that zone district classification. The Applicant is requesting Low Density Mixed -Use Neighborhood District (LMN) zoning classification consistent with the City Structure Plan. The standards applicable to Kechter Crossing under both the County Development Agreement and the City Development Agreement are as follows: The zoning designation for the Kechter Crossing PD and PLD shall be PD (Planned Development), which zoning classification will be subject to the development standards and requirements of Subsection I.E. (Mixed Use Neighborhood Area Regulations) of the Larimer County Development Standards for the Fossil Creek Reservoir Area in the Fort Collins Growth Management Area for in the Supplemental Regulations to the Larimer County Land Use Code Section 15.2.2.A.1, or as amended. 4(i) A statement of consistency of the requested zoning to the Structure Plan. The Applicant is requesting Low Density Mixed -Use Neighborhood District (LMN). The zoning classification set forth on the City Structure Plan is Low Density Mixed -Use Neighborhood District (LMN). This zone district classification is derived from and corresponds to the classification proposed on the City Structure Plan adopted as part of City Plan in 2011. The designation is also consistent with the Fossil Creek Reservoir Area Plan adopted jointly by the City and County in 1998. Additionally, the zone district classification is anticipated under and is consistent with the standards set forth both in the County Development Agreement and the City Development Agreement. ATTACHMENT "D" KECHTER CROSSING ANNEXATION AND ZONING NARRATIVE (Addressing 4 (g), (h) and (i) of the Submittal Requirements for Annexation and Zoning.) 4(g) A statement as to why it is necessary and desirable for the City of Fort Collins to annex the area. The Kechter Crossing property is located on the south side of Kechter Road approximately one-half (1/2) mile east of Timberline Road. Kechter Crossing is adjoining and immediately west a parcel of Land owned by the City of Fort Collins for the City's Affordable Housing Land Bank ("City Property"). The City Property was annexed into the City of Fort Collins on September 14, 2012 under Kechter Annexations No. 1, No. 2 and No. 3. The Kechter Crossing property is located within the City's Growth Management Area ("GMA") and is subject to the Intergovernmental Agreement ("IGA") between the City of Fort Collins and Latimer County. The property is subject to the Latimer County Development Standards for the Fossil Creek Reservoir Area in the Fort Collins Growth Management Area. The Kechter Crossing property is approved for development by Latimer County as a 75 lot residential neighborhood. The Petitioner and Latimer County coordinated and cooperated with the City of Fort Collins on development approvals in anticipation of this Petition for Annexation. Development is approved pursuant to a Development Agreement dated September 18, 2012 by and between the Petitioner, Latimer County and the City of Fort Collins ("County Development Agreement'). Construction of the public improvement infrastructure is scheduled to start the week of October 1, 2012. The City of Fort Collins is a party to the County Development Agreement in anticipation of this Petition for Annexation. The City of Fort Collins reviewed the Final Development Plan Documents for the Kechter Crossing property in anticipation of this Petition for Annexation. The Petitioner and the City of Fort Collins have executed and recorded a Development Agreement dated September 18, 2012 ("City Development Agreement"). The City Development Agreement also anticipates the timely annexation of the property into the City of Fort Collins. The County Development Agreement and the City Development Agreement coordinate and require City inspections during construction and prior to annexation to verify construction in accordance with the Final Development Plan Documents. If the Kechter Crossing property is annexed into the City of Fort Collins, the City Development Agreement is effective immediately upon annexation, and supersedes the County Development Agreement. ATTACHMENT `°C" ATTORNEY CERTI RCATION I, Jeffrey J. Johnson, an attorney licensed to practice in the State of Colorado, hereby certify that, as of the date of this certificate, the signers of this Annexation Petition for the area referred to as the Kechter Crossing Annexation to the City of Fort Collins are the owners of real property in the area proposed for annexation. Furthermore, I certify that said owners constitute more than 50% of the landowners in the area proposed for annexation, as said area is described on Attachment "A" of said Annexation Petition, and own more than 50% of the land in said area, exclusive of streets and alleys. Date: September 20, 2012 STATE OF COLORADO ) ss. COUNTY OF LARIMER ATTACHMENT "B" The undersigned, being first duly sworn upon its oath states: That it 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. 2309 Kechter, LLC, a Colorado limited liability company By: Alan 150trope, Manager 010 Subscribed and sworn to before me this 201h day of September, 2012, by Alan Strope, Manager of 2309 Kechter, LLC, a Colorado limited liability company. Witness my hand and official seal. My Commission Expires: 6A PRBMA D ZINKHAN NOTARY PUBLIC STATE OF COLORA ATTACHMENT "A" A tract of land situate in County of Larimer, State of Colorado, to -wit: Kechter Crossing Planned Land Division, a plat recorded September oaf , 2012 as Reception No. 2012 6046'092) of the Records of Larimer County, inclusive of all Lots, Blocks, Outlots, Common Areas and Dedicated Roadways as subdivided within said plat, and being situate in the North Half of the Northwest Quarter (N1/2 NW1/4) of Section Eight (8), Township Six North (T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado. 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 Low Density Mixed -Use Neighborhood District (LMN) Zone District pursuant to the Land Use Code of the City of Fort Collins. The Petitioners reserve the right to withdraw this petition and their signatures there from 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 areas described on Attachment "A." IN WITNESS WHEREOF, we have executed this Petition for Annexation this 201h day of September, 2012. 2309 Kechter, LLC, a Colorado limited liability company By: Alan Strop , Manager Address: 3003 East Harmony Road, Suite 300 Fort Collins, Colorado 80528 PETITION FOR ANNEXATION THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the Council of the City of Fort Collins, Colorado for the annexation of an area, to be referred to as the Kechter Crossing Annexation to the City of Fort Collins. Said area, consisting of approximately 28.861 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. 2. That the requirements of Sections 31-12-104 and 31-12-105, C.R.S., exist or have been met. 3. That not less than one -sixth (l /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. 7. 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