HomeMy WebLinkAboutFOSSIL LAKE ANNEXATION NO. 4 - 33-01C - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS00
acres and includes a recreation facility, and 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.
Policy LMN-2.1: Neighborhood Center Location
The Neighborhood Center is located in the center of the overall neighborhood and
immediately adjacent to the proposed annexation.
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.
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
Small neighborhood parks, a square, and other common outdoor spaces have been
included with this neighborhood. These spaces are attractive settings, highly visible and
easily observed from public streets.
M
Statement of Principles and Policies
And Consistency 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 habitat/ecosystems (wildlife, wetlands, and riparian areas) have been protected
and enhanced with this neighborhood.
Policy ENV-5.1: Protection and Enhancement
This neighborhood integrates wildlife habitat, riparian areas, wetlands and other
important natural features by directing development away from sensitive areas and using
innovative planning, design, buffering and management practices.
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 to be 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 the dwellings sharing
the street and sidewalk system and a Neighborhood Center.
This neighborhood is conducive to walking with all the dwellings sharing the street and
sidewalk system and access to the Fossil Lake Ranch Neighborhood Center.
Policy LMN-2.1: Neighborhood Center
This neighborhood includes neighborhood -serving uses and features in addition to
residential uses. This neighborhood includes a Neighborhood Center that serves as a year
round gathering space accessible to all residents. This neighborhood center is less than 7
ATTACHMENT "A"
FOSSIL LAKE ANNEXATION NO. 4
LEGAL DESCRIPTION
Fossil Lake P.U.D., Third Filing, being a re -plat of Tract B, Fossil Lake P.U.D., Second Filing, County of
Larimer, State of Colorado.
Plans for Fossil Lake P.U.D., Third Filing, as approved by Larimer County on December 28,
2001; (ii) the terms and conditions of the Subdivision and Development Agreement between
Larimer County, Colorado, and Everline, LLC, for Fossil Lake P.U.D., Third Filing, submitted to
Larimer County on December 28, 2001, (the "Development Agreement"). In the event that the
ordinance approving the annexation does not contain such provisions at the time of the
commencement of the roll call of the City Council for the vote upon second reading of such
ordinance, then this petition shall thereupon be null and void and the annexation proceedings
resulting therefrom shall automatically terminate and be of no force and effect whatsoever.
WHEREFORE, said Petitioner requests that the Council of the City of Fort Collins approve the
annexation of the Fossil Lake Annexation No. 4 described on Attachment "A." Furthermore the
Petitioner requests that Fossil Lake Annexation No. 4 be placed in the Low Density Mixed -Use
Neighborhood District (L-M-N) pursuant to the Land Use Code of the City of Fort Collins.
❑ (Check box if applicable). The Petitioner reserves the right to withdraw this Petition for
Annexation No. 4 and its signature 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.
The Petitioner represents that it owns the area described on Attachment "A".
IN WITNESS WHEREOF, I have executed this Petition for Annexation No. 4 on the date
indicated below:
PETITIONER/OWNER: Everline, LLC, a Colorado Limited Liability Company
By: Double , a Co 0 oration, Manager
BY: E& /-zY—aRz
Davi veritt, President Date
MAILING ADDRESS
STATE OF COLORADO
COUNTY OF LARIMER
3030 S. College Ave.
Fort Collins, CO 80525
ss.
The foregoing instrument was acknowledged before me this JZ 1 day of January, 2002, by David
Everitt, President of Double E&G, Inc. a Colorado Corporation, as Manager of Everline, LLC, a Colorado
Limited Liability Company.
My commission expires: —��
Notary ub ' .l C PAQY
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PETITION FOR FOSSIL LAKE ANNEXATION NO.4
THE UNDERSIGNED (hereinafter referred to as the ("Petitioner") hereby petitions the Council of
the City of Fort Collins, Colorado for the annexation of an area consisting of approximately 6.026 ± acres
(hereinafter referred to as the "Fossil Lake Annexation No. 4") to the City of Fort Collins. The Fossil
Lake Annexation No. 4 is more particularly described on Attachment "A" attached hereto and
incorporated herein by reference.
A. The Petitioner alleges:
1. That is desirable and necessary that the Fossil Lake Annexation No. 4 be annexed to the City
of Fort Collins.
2. That the requirements of sections 31-12-104 and 31-12-108, C.R.S., have been met.
3. That not less than one -sixth (1/6) of the perimeter of the Fossil Lake Annexation No. 4 is
contiguous with the boundaries of the City of Fort Collins, and/or with boundaries of areas
presently under the process of annexation to the City of Fort Collins.
4. That a community of interest exists between the Fossil Lake Annexation no. 4 and the City of
Fort Collins.
5. That the Fossil Lake Annexation No. 4 is urban or will be urbanized in the near future.
6. That the Fossil Lake Annexation No. 4 is integrated with or capable of being integrated with
the City of Fort Collins.
7. That the Petitioner herein comprises one hundred percent (100%) of the landowners of the
Fossil Lake Annexation No. 4, 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
constriction of water mains, sewer lines, gas mains, electric service lines, streets or any other
services or utilities in connection with the Fossil Lake Annexation No. 4 except as may be
provided by the ordinances of the City of Fort Collins.
B. As an express condition of annexation, the Petitioner consents to inclusion into the Municipal
Subdistrict, Northern Colorado Water Conservancy District (the "Subdistrict"), pursuant to §37-
45-136(3.6) C.R.S. Petitioner acknowledges that, upon inclusion into the Subdistrict, the Fossil
Lake Annexation No. 4 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 the Fossil Lake Annexation No. 4. Petitioner agrees 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. Petitioner also
agrees to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, §20
of the Colorado Constitution.
C. It is an express condition of annexation that the ordinance approving the annexation of the Fossil
Lake Anr__xation No. 4 shall permitted to develop in accordance with (i) the Final Plat and Utility
No Text
Fossil Lake Annexation No. 4, file #33=0'1 C''
April 4, 2002 P & Z Meeting
Page 5
5. City Council Hearing :
City Council hearings on this proposed annexation and zoning will be held on the following
dates:
Initiating Resolution
April 2, 2002
First Reading
May 7; 2002
Second Reading
May.21, 2002
FINDINGS OF FACT/CONCLUSION:
1. The area meets all criteria included in Colorado State Law to qualify for a voluntary
annexation to the City of Fort.Collins:
2. The annexation of this areaisfconsistent with the policies and agreements between
Larimer County and the City of• Fort Collins as contained in the Intergovernmental
Agreement for the Fort Collins Urban Growth Management Area.
3. The proposed annexation is consistent with the applicable criteria in the Fort Collins
Land Use Code.
4. The requested LMN — Low Density Mixed Use Neighborhood Zoning District is
consistent with the City's Structure Plan.
5. The property is located within and will be subject to the Fossil Creek Reservoir Area
Plan.
RECOMMENDATION:
Staff recommends that the Planning ,and, Board forward a recommendation to the
City Council to approve the Fossil Lake Annexation No. 4 with a zoning of LMN — Low
Density Mixed Use Neighborhood Zoning District.
Fossil Lake Annexation No. 4, file #33-01C
April 4, 2002 P & Z Meeting
Page 4
Program. At such time;asthe;.County requires the landowner in a receiving area
to request annexation to:the.City, the City will process the annexation petition.
The land constituting the'Fossil Lake PUD First and Second Filings and the
adjacent County Road rights -of -way is the same area that the applicant is
requesting to annex with all three Fossil Lake Annexations (No.1, No.2, and
No3). Fossil Lake PUD First and Second Filings were both approved
developments in the County's "receiving area."
4. Land Use Code Standards
A. LUC Section 2.12 Annexation of Land - This section of the Land Use Code requires:
(1) that the annexation of lands be in accordance with state law,
(2) that the Planning and Zoning Board shall hold a hearing on the matter and report
a recommendation to ther.City-Council, and
(3) that a recommendation,on thesproper zoning for the lands be provided.
The annexation conforms to the requirements in the Colorado Revised Statutes
(CRS). This hearing will be the forum through which the Planning and Zoning
Board will forward a recommendation to Council. The recommended zoning is LMN
- Low Density Mixed -Use Neighborhood.
B. LUC Section 2.9 Amendment to the Zoning Map — This section of the Land Use
Code requires that any amendment to the Zoning Map involving the zoning or
rezoning of 640 acres of land or less (a quasi-judicial zoning/rezoning) shall be
recommended for approval by the Planning and Zoning Board or approved by the
City Council only if the proposed amendment is:
(1) consistent with the City's;Comprehensive Plan; and/or
(2) warranted by changed conditions within the neighborhood surrounding and
including the subject property;,,. -.
The property is currently zoned-FA-1, Farming District in Larimer County. The
requested zoning for this annexation is the LMN - Low Density Mixed Use
Neighborhood District. The City's adopted Structure Plan, a part of the
Comprehensive Plan, suggests that a Low Density Mixed Use Residential
Neighborhood is appropriate for this.location.
Fossil Lake Annexation No. 4, file #33-61 C
April 4, 2002 P & Z Meeting
Page 3
property has is completely surrounded by the existing City limits. This contiguity occurs
through a common boundary with the Fossil Lake Annexation No. 3.
B. CRS31-12-107—Petitionsfor�Annexation:
The petition for annexation meets this CRS section which requires that the petition
include an allegation that the signers of3he petition comprise the landowners of more
than 50% of the territory included in the area proposed to be annexed, exclusive of
streets, and the signatures of such land owners.
C. Colorado Constitution, Article Il, Section 30 — The Poundstone Amendment:
The petition for annexation meets this Constitutional requirement in that the petition
includes an allegation that the signers of the petition comprise more than 50% of the
landowners of the territory included in the area proposed to be annexed, and the
signatures of such land owners.
3 Integovern mental Agreement Between Fort Collins and Larimer County
A. IGA Section 8 - Annexations:
(1) IGA Section 8(A) - It is.theCity's.intent to annex properties within the GMA as
expeditiously as possible: Except; as provided in Section 8(B), the City agrees to
consider the annexation of any parcel or parcels of land within the GMA which
are eligible for voluntary annexation pursuant to state law.
(2) IGA Section 8(B) - The City. agrees it will not annex property within the Fossil
Creek Reservoir Planning Area (south of Kechter Road and east of Timberline
Road) unless the County either requires the landowner to petition for annexation
or requests that the City considers annexation.
(3) IGA Section 8(G) - The County agrees to require a binding agreement for future
annexation in the form attached as Exhibit 2 as a condition of approval of any
development application requiring approval by the Larimer County Board of
Commissioners, which is located within the GMA but is not, at the time of
development approval, eligible for voluntary annexation to the City. An
"Annexation Agreemenf'Js,a;standard form (Exhibit 2 of the IGA) that the
County requires to be signed..by the developer of a County development that is
approved for property insi.detheGMA.
B. IGA Section 6 — Applications for Development Within the GMA Zoning District.
(1) IGA Section 6(B) - The County may accept development applications for lands
located within any area that is part of a "receiving area" established through an
adopted subarea plan for any;_Larimer County Transferable Density Units
Fossil Lake Annexation No. 4, file #33-01 C
April 4, 2002 P & Z Meeting
Page 2
COMMENTS:
1. Background:
The surrounding zoning and land uses as follows:
N: LMN — Fossil Lake PUD 2"d Filing (under construction),
S: LMN — A portion of Fossil Lake, PUD 2"d Filing (under construction),
FA-1 Farming District in Larimer County — One large lot single family residence,
Fossil Creek Reservoir,
SW: LMN - Fossil Lake PUD 1st Filing,
UE - Fossil Lake PUD 1st Filing,
T — The portion of the Fossil Lake PUD 1st Filing in the Resource Recovery Area of
the Fossil Creek Reservoir,
E: LMN — A portion of Fossil Lake PUD 2"d Filing (under construction),
FA-1 Farming District in Larimer County — existing farm land,
W: FA-1 Farming District — — Fossil Lake PUD First and Second Filings.
The Fossil Lake Annexation No. 4 consists of approximately 6.026 acres of privately
owned property. This annexation includes the property otherwise known at the Fossil Lake
PUD 3rd Filing subdivision.
The property is located within the Fort, Collins Urban Growth Management Area (UGMA)
and in the Fossil Creek Reservoir Planning Area. The Fossil Creek Reservoir Area Plan
(jointly adopted by the City and County) specifies that development applications for lands
within the Fossil Lake Reservoir Planning Area that are south of Kechter Road and East of
Timberline Road will be processed by the County in accordance with Larimer County
Development Standards for the Fossil Creek Reservoir Area in the Fort Collins Growth
Management Area, and that the City -will not annex the land until such development
applications have obtained final plat approval and the transaction of certain Transferred
Development Units (TDUs) has taken place.
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 which may be particularly affected by such signs
because of their predominantly residential use and character. A map amendment would
be necessary to place this property within the Residential Neighborhood Sign District.
2 State Law — Colorado Revised Statutes (CRS) & The Colorado Constitution
A. CRS 31-12-104 — Eligibility for,Annexation:
This property is eligible for annexation according to CRS, requiring 1/6 contiguity to the
existing City limits. This annexation application complies with this standard since the
ITEM NO. 3
MEETING DATE 4/4/02
STAFF.Troy Jones
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Fossil Lake Annexation No. 4, file #33-01 C
OWNER / APPLICANT: Dave Brown
KEM Homes
3000 S. College Ave., Suite 103
Fort Collins, CO 80525
PROJECT DESCRIPTION:
This is a request for annexation and zoning of approximately 6.026 acres of privately
owned property otherwise known at the Fossil Lake PUD 3' Filing subdivision. The
recommended zoning is the LMN — Low -Density Mixed Use Neighborhood. The
property is located within the Fossil Creek Reservoir Area Plan boundary.
RECOMMENDATION:
Staff recommends approval of the annexation and recommends that the property be
placed in the LMN — Low Density Mixed Use Neighborhood Zoning District.
EXECUTIVE SUMMARY:
The annexation application complies with the applicable state law, the Intergovernmental
Agreement between Fort Collins and Larimer County, and the applicable criterion in the
Fort Collins Land Use Code. The property is undeveloped and is in the FA-1 Farming
District in Larimer County. The recommended zoning is the LMN — Low -Density Mixed
Use Neighborhood. This is a 100% 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