HomeMy WebLinkAboutMCCLELLAND'S CREEK PD & PLD 2ND FILING - ANNEXATION & ZONING - 33-01P - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSt space is provided for meetings and neighborhood functions and a park is provided which
is accessible to all residents.
Policy LMN-2.1 Neighborhood Center Location.
The Neighborhood Center is located along the west boundary of the neighborhood.
Policy LMN-2.4 Neighborhood Center Design.
The Neighborhood Center was designed by Poudre R-1 School District and is
complimentary to the identity, character, and comfort of the surrounding neighborhood
and is in a location of convenience to the neighborhood.
Policy LMN-2.5 Neighborhood Center Access.
Access for pedestrians and bicyclists is a priority in the design of the Neighborhood
Center. From this new neighborhood, a continuation of the existing bike/pedestrian trail
that is a direct access to the Center will be constructed so as to provide easier, non -
vehicular conflicted travel to and from the Neighborhood Center.
Policy LMN-2.8 Access to Transit.
A transit stop is located both within Fossil Lake Ranch and Observatory Village and is
within walking distance of the neighborhood.
Policy LMN-2.9 Outdoor Spaces.
This neighborhood has immediate access to neighborhood parks, natural open space,
school, and regional park along with other common outdoor spaces that exist within the
greater neighborhood area. These spaces are attractive settings, highly visible and easily
observed from public streets.
S:\Dianne\My Documents\McClelland Creek\Submittals\Annexation\Statement of Principals.Mnex.5 29 07.doc
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Statement of Principals and Policies and
Consistencies with the City Structure Plan
The following Principles and Policies as described in Fossil Creek Reservoir Area Plan
would be achieved by the proposed Annexation and Zoning:
Policy LU-4.5 Priority Subareas.
This neighborhood was developed in accordance with the Fossil Creek Reservoir Area
Plan.
Principle ENV-5 Natural habitat/ecosystems (wildlife, wetlands and riparian
areas) will be protected and enhanced within the developed landscape of Fort
Collins.
Natural habitat/ecosystems (wildlife, wetlands, and riparian areas) have been protected
and enhanced with this neighborhood including the wetlands associated with the
McClelland's Creek Drainage area.
Policy ENV-5.1 Protection and Enhancement.
The location of this neighborhood avoids wildlife habitat, riparian areas, wetlands, and
other important features.
Policy GM-2.1 Annexation Policies.
• Statutory Requirements. The neighborhood meets all statutory
requirements for annexation according to the laws of the State of
Colorado.
• Property to be annexed located within the Community Growth
Management Area. The neighborhood is currently located within the
Community Growth Management boundary.
• Infrastructure Standards. The infrastructure is improved (e.g. streets,
utilities, storm drainage systems) to City standards.
• Properties with annexation agreements as conditions of approval.
This neighborhood as approved by Larimer County had an annexation
agreement as a condition of approval.
Principle LMN-2 The size, layout, and design of Low Density Mixed Use
Neighborhood should make it conducive to walking, with all dwellings sharing the
street and sidewalk system and a Neighborhood Center.
As a continuation of the Fossil Lake project, this neighborhood is conducive to walking
with all dwellings sharing the street, sidewalk, and trail connection of the Neighborhood
Center.
Principle LMN-2.1 Neighborhood Center.
This neighborhood includes a Neighborhood Center (Zack Elementary and the Staley
Park) that serve as year-round gathering spaces accessible to all residents. The
Neighborhood Center includes a recreation facility, and a place of assembly. Indoor
S:\Dianne\My Documents\McClelland Creek\Submittals\Annexation\Statement of Principals.Annex.5 29 07.doc
ATTACHMENT "C"
ATTORNEY CERTIFICATION
6), / �1�(�QZI'/ , an attorney licensed to practice in the State of
Colorado, hereby certify that, s of the d to of this certificate, the signers of this Annexation Petition for
the area referred to as the �?1'�s/gym S G'f K P-h i �Lr'J- k� F,/, 4Annexation 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. r111 A r- _ V
61td,/o7 / Z� Z3317
Date Signafure Attorney Reg. No
STATE OF COLORADO
)ss.
COUNTY OF LARIMER
ATTACHMENT"B"
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.
l
JA771-P
Circulat0s Signature
Subscribed and sworn to before me this 1st
by Stanley K—Everitt
ANNE MARIE
ROMME
hand and official seal.
Expiration
day of June
2 007
JA,it.t i4ltilt/6t�
otary Publi
DESCRIPTION:
A parcel of land located in the Northeast 1/4 of Section 9, the Southeast 1/4 of Section 4,
the Southwest 1/4 of Section 3 and the Northwest 1/4 of Section 10, all in Township 6
North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of
Colorado, and being more particularly described as follows:
Commencing at the Northeast Corner of said Section 9 and assuming the North line of
the NE1/4 of Section 9 to bear South 88°28'48" East, a distance of 2656.31 feet, with all
other bearings herein relative thereto;
Thence North 45' l T12" West a distance of 43.83 feet to a point on the North right-of-
way line of Kechter Road, said point being the POINT OF BEGINNING; thence North
82°10'01" East a distance of 65.33 feet; thence South 02°51'16" West a distance of 70.06
feet to a point on the East right-of-way line of Strauss Cabin Road; thence South
00°09'07" East along said East right-of-way line a distance of 1286.58 feet; thence North
88°26'41" West a distance of 1248.45 feet; thence North 50°32'59" West a distance of
20.19 feet; thence North 67°58'43" West a distance of 29.85 feet; thence North 79°08'46"
West a distance of 29.88 feet; thence North 71 °57'32" West a distance of 50.98 feet;
thence North 63'11'35" West a distance of 37.02 feet; thence North 57*01'37" West a
distance of 62.90 feet; thence North 47*3 V56" West a distance of 29.50 feet; thence
North 37°16'39" West a distance of 90.91 feet; thence North 33°06'23" West a distance of
105.14 feet; thence North 41 ° 12'39" West a distance of 49.33 feet; thence North
46°57'57" West a distance of 89.74 feet; thence North 58°09'31" West a distance of 67.94
feet; thence North 64°07'21" West a distance of 56.23 feet; thence North 53*51'25" West
a distance of 97.43 feet; thence South 90°00'00" East a distance of 113.56 feet; thence
along a curve concave to the Northwest having a central angle of 90"04'12" with a radius
of 400.00 feet, an arc length of 628.81 feet and the chord of which bears North 44°57'54"
East, 566.03 feet; thence North 00104'12" West a distance of 394.77 feet; thence South
88°28'48" East a distance of 664.39 feet; thence North 01 °23'02" West a distance of
60.08 feet to a point on the North right-of-way of Kechter Road; thence South 88°28'48"
East, 634.00 feet to the POINT OF BEGINNING.
Said parcel of land contains 44.322 acres, more or less (f), and is subject to any rights -of -
way or other easements of record or as now existing on said described parcel of land.
ATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado, to -wit:
McClellands Creek PD & PLD, Second Filing, County of Larimer,
State of Colorado.
o (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 Larimer, State of Colorado, to -wit:
INSTRUCTIONS: INSERT HERE the legal description of individual parcels, or if only
ownership, type "See Legal Description on Attachment `A'."
IN WITNESS WHEROF, I/we have executed this Petition for Annexation this b day of
June , 2 007
-""& _"_ Petition s wner's Signature Petitioner's/Owner's Signature
3030 South College Ave., Suite 200
Address Address
Fort Collins, CO 80525
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, Colorado for the annexation of an area, to be referred to as the
McClellands Creek PD & PLD, Second Filing Annexation to the City of Fort
Collins. Said area, consisting of approximately EalrtY two ( 42 ) acres, is more
particularly described on Attachment "A," attached hereto.
The Petitioners allege:
1. 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 31-12-108, 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 refunc
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 LMN Zone District pursuant to the Land Use Code of the City of Fort Collins.
m
McClelland's Creek PD & PLD Second Filing Annexation and Zoning - #33-01 P
July 19, 2007 P & Z Meeting
Page 3
the Comprehensive Plan, suggests that Low Density Mixed -Use Neighborhood is appropriate in
this location.
Staff is recommending that this property be included in the Residential Neighborhood Sign District,
which was established for the purpose of regulating signs for non-residential uses in certain
geographical areas of the City that may be particularly affected by such signs because of their
predominantly residential use and character. A map amendment will not be necessary to place this
property on the Residential Neighborhood Sign District Map, as the property is already shown to be
in the District.
FINDINGS:
1. The annexation of this area is consistent with the policies and agreements between Larimer
County and the City of Fort Collins contained in the Intergovernmental Agreement for the
Fort Collins Urban Growth Area.
2. The area meets the eligibility requirements included in State law to qualify for a voluntary
annexation to the City of Fort Collins.
3. On July 17, 2007, the City Council approved a resolution that accepted the annexation
petition and determined that the petition was in compliance with State law. The resolution
also initiated the annexation process for the property by establishing the date, time and
place when a public hearing would be held regarding the readings of the Ordinances
annexing and zoning the area.
4. The requested LMN - Low Density Mixed -Use Neighborhood Zoning District is in
conformance with the policies of the City's Comprehensive Plan.
STAFF RECOMMENDATION:
Staff recommends approval of the annexation and requested zoning of LMN - Low Density Mixed -
Use Neighborhood.
Staff is recommending that this property be included in the Residential Neighborhood Sign District.
A map amendment will not be necessary to place this property on the Residential Neighborhood
Sign District Map, as the property is already shown to be in the District.
McClelland's Creek PD & PLD Second Filing Annexation and Zoning - #33-01 P
July 19, 2007 P & Z Meeting
Page 2
Staff is recommending that the property be placed in the LMN - Low Density Mixed -Use
Neighborhood Zoning District, which is in conformance with the City's Structure Plan.
Staff is recommending that this property be included in the Residential Neighborhood Sign District.
A map amendment will not be necessary to place this property on the Residential Neighborhood
Sign District Map, as the property is already shown to be in the District.
BACKGROUND:
The applicant, Stanley Everitt, on behalf of the property owners, McCreek, LLC, has submitted a
written petition requesting annexation of 44.32 acres. The property is located at the southwest
corner of Kechter Road and Strauss Cabin Road. Zach Elementary School is on the west side and
McClelland's Creek runs along the southwest side of the property. The property is undeveloped
and is in the FA-1 Farming District in Larimer County. The requested zoning in the City of Fort
Collins is LMN - Low Density Mixed -Use Neighborhood. The surrounding properties are currently
zoned FA-1 Farming in Larimer County to the east, LMN - Low Density Mixed -Use Neighborhood
in the City and FA-1 Farming in Larimer County to the north, FA-1 Farming in Larimer County to
the south, and LMN — Low Density Mixed -Use Neighborhood in the City to the west. This is a
100% voluntary annexation.
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 Staley Annexation (May, 2001) to the west, the Willow Brook Annexation No. 2
(September, 1999) to the north, and the McClelland's Creek PD & PLD Annexation (January, 2006)
to the southwest.
The surrounding zoning and land uses are as follows:
N: LMN in the City of Fort Collins, FA-1 in Larimer County; existing single-family residential
(Observatory Village, large acreages)
E: FA-1 in Larimer County; undeveloped, City natural area (Eagle View)
S: FA-1 in Larimer County; existing single-family residence on large acreage
W: LMN in the City of Fort Collins; existing single-family residential, school (Fossil Lake
5'hFiling PUD, Zach Elementary)
ANALYSIS:
The requested zoning for this annexation is the LMN - Low Density Mixed -Use Neighborhood
Zoning District. There are numerous uses permitted in this District, subject to either administrative
review or review by the Planning and Zoning Board. The City's adopted Structure Plan, a part of
ITEM NO. 3
MEETING DATE 7/19/07
iiA STAFF Steve Olt
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: McClelland's Creek PD & PLD Second Filing Annexation and Zoning - #33-
01P
APPLICANT: The Everitt Companies
c/o Stanley Everitt
3030 South College Avenue
Fort Collins, CO. 80525
OWNER: McCreek, LLC
3030 South College Avenue
Fort Collins, CO. 80525
PROJECT DESCRIPTION:
This is a request to annex and zone 44.32 acres located at the southwest corner of Kechter Road
and Strauss Cabin Road. Zach Elementary School is on the west side and McClelland's Creek
runs along the southwest side of the property. The property is undeveloped and is in the FA-1
Farming District in Larimer County. The requested zoning in the City of Fort Collins is LMN - Low
Density Mixed -Use Neighborhood.
RECOMMENDATION:
Staff recommends approval of the annexation and recommends that the property be placed in the
LMN - Low Density Mixed -Use Neighborhood Zoning District.
Staff is recommending that this property be included in the Residential Neighborhood Sign District.
A map amendment would not be necessary should the Planning and Zoning Board recommend
that this property be placed on the Residential Neighborhood Sign District Map, as the property is
already shown to be in the District.
EXECUTIVE SUMMARY:
This is a request to annex and zone 44.32 acres located at the southwest corner of Kechter Road
and Strauss Cabin Road. Zach Elementary School is on the west side and McClelland's Creek
runs along the southwest side of the property. The property is undeveloped and is in the FA-1
Farming District in Larimer County. The requested zoning in the City of Fort Collins is LMN - Low
Density Mixed -Use Neighborhood.
This is a voluntary annexation.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT