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HomeMy WebLinkAboutRIVERBEND THIRD ANNEXATION & ZONING - 14-00 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSRIVERBEND THIRD ANNEXATION AND ZONING Consistency with Structure Plan The Petitioner requests that the property subject to this Petition be placed in the Low Density Mixed -Use Neighborhood District (L-M-N) upon annexation, consistent with the property's designation on the City Structure Plan as part of a Low Density Mixed -Use Neighborhood at the City's Edge. L-M-N zoning is consistent with Key Principles and Choices of the City Structure Plan that promote infill development adjacent to existing urban level, higher density residential neighborhoods. See the Structure Plan map and pages 69, 73 and 78 of the City Structure Plan. Statement of Principles and Policies Low Density Mixed -Use Neighborhood District (L-M-N) zoning of the property subject to this Petition will achieve the underlying goals and purposes of the following Principles and Policies: LU-1 GM-2.1 LU-1.1 GM-8 LU-3 AN-1 LU-3.1 LMN-1 HSG-1 LMN-1.3 HSG-1.1 EXN-1.4 HSG-1.4 TC-4.4 ENV-1.21 TC-4.5 GM-2 ATTACHMENT "C" ATTORNEY CERTIFICATION I, Arthur E. March, Jr., an attorney licensed to practice in the State of Colorado, hereby certify that I have examined the records of the Clerk and Recorder of Larimer County, Colorado and have verified that Riverbend Farms, as a signer of this Annexation Petition for the area referred to as the Riverbend Third Annexation to the City of Fort Collins, is an owner of real property in the area proposed for annexation. Furthermore, I certify that said owner constitutes more than fifty percent (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 fifty percent (50%) of the land in said area, exclusive -of streets and alleys. Date FAV1PCVPKXRBF-Am=wion%anwhc 4/1Z= 4/0 9/ S gnature Attorney Reg. No. ATTACHMENT "B" STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The undersigned, being first duly sworn upon his oath, states: That (s)he was the circulator of the attached Petition for Annexation and that the signature of Arthur E. March, Jr., partner of Riverbend Farms, is the signature of the person whose name it purports to be. Circ for Subscribed and sworn to before me this /3-day of ' 2000, by �cG�r�er WITNESS my hand and official seal. /a-/7-o0 W Commission Expiration Notary Public FAWPCJPKIRBF-AnnaaiaMa=ch-b 4/1ZI00 ATTACHMENT A A tract of land situate in the Northwest 1/4 of Section 17, Township 7 North, Range 68 West of the Sixth P.M., County of Larimer, State of Colorado, which, considering the North line of said Northwest 1 /4 as bearing S88°43'30"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S65°21'36"E 1047.91 feet, and again S00024'30"W 400.00 feet, and again N85°51'00"E 801.00 feet, and again S00°24'30"W 419.93 feet from the Northwest Corner of said Section 17, and run thence S89°35'30"E 50.00 feet; thence along the arc of a 15.00 foot radius curve to the left a distance of 24.76 feet, the long chord of which bears S46°52'15"E22.04 feet, thence N85051'00"E 183.76 feet to a point on the West boundary line. of - Countryside Park Phase III; thence along said West boundary line, S00024'30"W 224.86 feet to a point on the North line of Riverbend Second Annexation; thence along said North line, N89°09'30"W 249.38 feet to the Southeast Comer of Riverbend Annexation; thence along the East line of said Riverbend Annexation, N00°24'30"E 223.32 feet to the point of beginning, containing 1.2472 acres, more or less. IN WITNESS WHEREOF, I have executed this Petition for Annexation this L7 day of rt 1 2000. PETITIONER/OWNER: :ur XEMarch, Fn'S, a general partnership By: Jr., Partner 110 East Oak Street. Suite 200 Address Fort Collins CO 80524 City State Zip PETITION FOR ANNEXATION 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 to be referred to as the Riverbend Third Annexation to the City of Fort Collins. 'Said area, consisting of 1.2472 acres, is more particularly described on Attachment "A" attached hereto. The Petitioner alleges: 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-f04 and 31-12-105, C.R.S., exist or have been met. 3. That not less than one -sixth 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 Petitioner herein comprises 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 obligation 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. WHEREFORE, said Petitioner requests that the Council of the City of Fort Collins approve the annexation of the area described on Attachment "A". Furthermore, the Petitioner requests. that said area be placed in the Low Density Mixed -Use Neighborhood (L-M-N) Zone District pursuant to the Land Use Code of the City of Fort Collins. The individual Petitioner signing this Petition represents that it owns the portion(s) of the area described on Attachment "A" as more particularly described below: "See Leaal Description on Attachment `A'." No Text Riverbend Third Annexation & Zoning, #14-00 July 20, 2000 P & Z Meeting Page 3 because of their predominantly residential use and character. A map amendment would not be necessary to place this property on the Residential Neighborhood Sign District Map. 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 June 20, 2000, the City Council considered a resolution determining that the proposed annexation process for this property by establishing the date, time, and place when a public hearing will be held regarding the readings of the Ordinances annexing and zoning the area. Public hearing and first reading of the Ordinances annexing and zoning the property will be considered by the City Council on August 15, 2000. 4. The LMN - Low Density Mixed -Use Neighborhood Zoning District is appropriate for this site based on adjacent zoning, existing land uses. STAFF 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 to place this property on the Residential Neighborhood Sign District Map. Riverbend Third Annexation & Zoning, #14-00 July 20, 2000 P & Z Meeting Page 2 This is a 100% voluntary annexation. Staff is recommending that the property be placed in the LMN - Low Density Mixed -Use Neighborhood Zoning District. Background: The applicant, Riverbend Farms, c/o Stewart & Associates, Inc, on behalf of the property owners, Riverbend Farms, has submitted a written petition requesting annexation of 1.25 acres located south of East Mulberry Street, north of the Cache La Poudre River, and east of Timberline Road between Eric Street and Eric Court. The property is currently being used as part of the Country Gardens Nursery operation. 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 complies with State regulations by meeting the requirement for 1/6 contiguity to existing City limits. This occurs through common boundaries with the Riverbend Annexation (July, 1980) to the west and the Riverbend Second Annexation (November, 1986) to the south. The surrounding zoning and land uses are as follows: N: FA in Larimer County; existing commercial (Country Gardens Nursery) E: M1 in Larimer County; existing single family residential S: POL; existing City natural area W: C; existing Timberline Road 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 a Low Density Mixed -Use Residential 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 which may be particularly affected by such signs ITEM NO. 7 MEETING DATE 7 20 00 STAFF Steve Olt City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Riverbend Third Annexation and Zoning - #14-00 APPLICANT: Riverbend Farms c/o Stewart & Associates, Inc. 103 South Meldrum Street Fort Collins, CO. 80521 OWNER: Riverbend Farms 110 East Oak Street, Suite 200 Fort Collins, CO. 80524 PROJECT DESCRIPTION: This is a request to annex and zone 1.25 acres located south of East Mulberry Street, north of the Cache La Poudre River, and east of Timberline Road between Eric Street and Eric Court. The property is currently being used as part of the Country Gardens Nursery operation and is in the FA - Farming Zoning District in Larimer County. The requested zoning in the City 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 1.25 acres located south of East Mulberry Street, north of the Cache La Poudre River, and east of Timberline Road between Eric Street and Eric Court. The property is currently being used as part of the Country Gardens Nursery operation and is in the FA - Farming Zoning District in Larimer County. The requested zoning in the City is LMN - Low Density Mixed -Use Neighborhood. The property is developed and it is in the FA - Farming Zoning District in Larimer County. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. PO. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT