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Home My WebLink AboutMCCLELLAND'S CREEK ANNEXATION (FOSSIL LAKE PUD 5TH FILING) - 33-01L - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSPolicy LMN-2.1 Neighborhood Center Location The Neighborhood Center is located in the center of the neighborhood. Policy LMN-2.4 Neighborhood Center Design The Neighborhood Center was custom designed by the developer to reinforce the positive identity, character, comfort and convenience of its surrounding 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 route 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 directly adjacent to the Neighborhood Center in the center of the neighborhood in a logical location that has convenient access for pedestrians, bicyclists and motorists. Policy LMN-2.9 Outdoor Spaces Being a part of the Fossil Lake Ranch P.U.D., this neighborhood shares the availability of neighborhood parks, a square and other common outdoor spaces that exist within the greater neighborhood area. These spaces are attractive settings, highly visible and easily observed from public streets. W Statement of Principles and Policies And Consistencies with the City Structure Plan The following Principles and Policies as described in the 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 habitiat/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 Area 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 a 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 and sidewalk system to a Neighborhood Center. Principle LMN-2.1 Neighborhood Center This neighborhood as a part of Fossil Lake PUD includes neighborhood serving uses and features in addition to residential uses. This neighborhood includes a Neighborhood Center that serves a a year-round gathering space accessible to all residents. This neighborhood center is less than 7 acres. and includes a recreation facility, and a place of assembly. These uses have limited signage and little or no traffic attraction into or through the neighborhood. Indoor space is provided for meetings and neighborhood functions and a plaza and pavilion is provided which is accessible to all residents. ATTACHMENT "C" ATTORNEY CERTIFICATION a l `j �I/ •'J�, I lJ 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 Annexation to the City of Fort Collins are the owners of real property in the area proposed for annexation. Furthermore, 1 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 Annexati9p Petition, and own more than 50% of the land in said area. exclusive of streets and alleys. 017 A � 07 Date gnature / 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. Circula or's Signature Subscribed and sworn to before me this li day of Ar } 1h A e 2 0nS , by STAmi F�V K. vFeiTT WITNESS my hand and official 1uu»11'f Commission Expiration Notary Public ATTACHMENT "A" LEGAL DESCRIPTION OF ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to -wit: A Replat of a portion of Lot 4 of Staley/Poudre School MLD00-S1535 being part of North %2 of Northeast 1/4 of Section 9, Township 6 North (T6N), Range 60-8 West (R68W) of the 61h Principal Meridian (6PM), County of Larimer, State of Colorado ❑ (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: "See Legal Description on Attachment `A'." IN WITNESS WHEROF, I/we have executed this Petition for Annexation this _ 19 day of OCTQ�F12 .2�5_,- Si'ler �. L�✓e��1� MoV`. c I , �Y Petitioner's/Owner's S' ature L_LC Petitioner's/Owner's Signature m-�n . rr, i I F%F AVFKII IF. Address Address fT) RT C01 I I NI S C0 A052S 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 are, to be referred to as the McClelland's Creek PD & PLD (being the 5th filing of Fossil Lake Ranch P.U.D.) Annexation to the City of Fort Collins. Said area, consisting of approximately (11.92) 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 31-12-108, 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. 7. That the Petitioners herein comprise more than 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 LMN Zone District pursuant to the Land Use Code of the City of Fort Collins. KINARD CORE KNOWLEGE JR HIGH �P �\OG rr0 P �TURE PARK C; 0 T m I�111111, STALEY PAkK ZACH ELEMENTARY #33-01 L McClelland's Creek Annexation 10"$'05 N Type II 1 inch equals 600 feet McClelland's Creek PD & PLD Annexation and Zoning - #33-01 L December 8, 2005 P & Z Meeting Page 3 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 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. FINDINGS: 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 November 29, 2005, 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. McClelland's Creek PD & PLD Annexation and Zoning - #33-01 L December 8, 2005 P & Z Meeting Page 2 This is a voluntary annexation. Staff is recommending thatthe 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. BACKGROUND: The applicant, Stanley Everitt, on behalf of the property owners, McCreek, LLC, has submitted a written petition requesting annexation of 11.93 acres. The property is located on the east side of Lake Ranch Road, approximately 1/8th mile south of Kechter Road between Ziegler Road to the west and Strauss Cabin Road to the east. McClelland's Creek runs along the east 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 to the north, LMN - Low Density Mixed -Use Neighborhood in the City 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 north, the Fossil Lake Annexation No. 1 (March, 2002) to the west, and the Swift Addition to Fossil Lake PUD Annexation (July, 2003) to the south. The surrounding zoning and land uses are as follows: N: LMN in the City of Fort Collins; existing elementary school, park E: FA-1 in Larimer County; undeveloped S: LMN in the City of Fort Collins; existing single-family residential W: LMN in the City of Fort Collins; existing single-family residential ITEM NO. 3 MEETING DATE12/08/05 STAFF crave Olt Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: McClelland's Creek PD & PLD Annexation and Zoning - #33-01 L 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 11.93 acres located on the east side of Lake Ranch Road, approximately 1/8th mile south of Kechter Road between Ziegler Road to the west and Strauss Cabin Road to the east. McClelland's Creek runs along the east 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. EXECUTIVE SUMMARY: This is a request to annex and zone 11.93 acres located on the east side of Lake Ranch Road, approximately 1/8th mile south of Kechter Road between Ziegler Road to the west and Strauss Cabin Road to the east. McClelland's Creek runs along the east 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. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box580 Fort Collins, CO80522-0580 (970)221-6750 PLANNING DEPARTMENT