HomeMy WebLinkAboutWYKOFF-LARIMER ANNEXATION & ZONING - SEGMENT 2 - 57-98A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS4
Land Use • This project is consistent with the City Plan's core values, vision,
and goals by promoting compact urban form while protecting open spaces.
Transportation • This project is consistent with City Plan's goal to reduce the
dependency of the automobile by providing close and easy access to
recreational areas, open spaces, and schools.
Community Appearance and Design • This project is consistent with the City
Plan's goal of providing compatibility with surrounding development.
Economic Sustainability and Development- This project is consistent with the
City Plan's goal of pur:,uing a balanced and sustainable economic development.
program.
Environment -This project is consistent with the City Plan's goal of reducing
pollution by providing close access to recreation, anci supporting a higher
density in mi%ed use neighborhoods.
Natural Areas and Open Lands - This project is consistent with the City Piar,'s
goal of protecting, natural areas and open lands given approximately 50 % of
the site will be left natural.
Growth Management - This project is consistent with the City Plan's goal of
phasing of i(ifrastructure to secure future access to additional annexation.
New Neighborhoods - This rroject is consistent with the City Plan's goal of
Policy LMN-1.3 regarding the relationship and transition at Edges of the City.
CONCLUSION: Basically, there are three choices that may be followed with
respect to the annexation of this property:
1)
Approve
annexation with
L-M-N zoning, and amend Structure Plan map.
2)
Approve
annexation with
U-E zoning, and Modify the Standards regarding
density
tr, allow 5 units
per Net acre of entire parcel.
3)
Approve
annexation with
R-F zoning rendering development infeasible, in
which case the annexation petition may be withdrawn by the applicant.
The City Comprehensive Plan is a new concept for all, and there are a lot of
considerations to be made when making changes. The core values of
sustainability, fairness, fulfillment, and choices establish the connecting themes
for City -la.-, and are a foundation for the next twenty years. Growth will
i)ccur in those twenty years, and the decisions we make today will help define
that growth. Remember, the Community Vision is to make change work. To
make change work for this project, it will require one of the first two choices
stated above.
3
1) Two units per Net Acre (1/2 acre lot minimum)= Total of about 9 lots
sprawled out on twenty acres (equivalent to .45 dwelling units per acre).
2) Clustering incentive (50% of property set aside for open space) = Total of
two units per net acre or 20 units clustered on 10 acres. Given the staffs
recommendation of only permitting residential development on the South six
acres, the cluster of 20 units on six acres will produce the equivalent of
3.33 dwelling units per acre, but also renders 70% of the parcel open and
unimproved.
It is apparent that neither of the above alternatives satisfies the principles of
the compact urban growth model, nor do they permit an economically feasible
avenue with regard to development opportunity. Those facts direct us to
explore other options. One option is to zone this parcel L-M-N (low density
mined use). This will permit enough density to rende-, residential improvement
feasible, while reinforcing the City's Principles and Policies. This option will
require an amendment to the Structure Plan map. Another option is to zone
this parcel U-E (Urban Estate). This option will be consistent with the
Structure Plan map, but will reginire a Modification of Standards with regard
to density limits. This. modification of standards will have to be initiated at
the time of voluntary annexation to guarantee economical feasibility.
PRINCIPLES AND POLICIES (applicable
to this issue): Given the
complexity of
this issue, and
the time restraints confronting board members,
all applicable
principles and
policies reinforcing our position will be listed below, however,
only a few will
be highlighted at this
time. The applicant. ;,:ill
provide staff or
board members
with interpretation of
the others upon request.
Principle LU-1, Policy LU-1.1
Principle LU-3, Policy LU-3.2
Principle LU-4, Policy LU-4.1, 4.5
Principle T-1
Principle T-4 Policy T-4.2
Principle T-5 Policy T-5.1, 5.2
Principle T-9 Policy T-9.1
Principle ECON-1, Policy ECON-1.1, 1.2, 1.4
Principle HSG-1, Policy HSG-1.1, 1.2, 1.4
Principle HSG-2, Policy HSG-2.2, 2.3, 2.5, 2.7
Principle ENV-1, Policy ENV-1.1, 1.21
Principle NOL-1,. Policy NOL-1.1, 1.2, 1.4, 1.7
Principle GM-2
Principle GM-5, Policy GM-5.1
Principle AN-1, Policy AN-1.1
Principle AN-2, Policy AN-2.1
Principle AN-3, Policy ;N-3.l
Principle LMN-1 Policy LMN-1.3
Principle RD-2, Policy RD-2.1, 2.2
Principle RD-5, Policy RD-5.1, 5.4
2
is not to question, or in any way challenge the City's objectives, the goal is
to reach a mutually beneficial relationship which reinforces the core values of
our community's Comprehensive Plan. To accomplish this task, the
opportunity should be made available to improve a close -in property, which
will benefit the community immensely. As it stands, if the property segments
are zoned either R-F, and/or U-E upon annexation, it will render residential
development practically infeasible. As such, there will be no reason to
continue with the quest for annexation, and the City will be left without
benefit. It is therefore in the communities best interest to explore reasonable
alternatives to alleviate the obstacles preventing improvement. Approval of an
amendment to the Structure Plan map, or a Modification of Standards, is the
only viable choice.
DENSITY CALCULATIONS (in the R-F and U-E zone districts)
Following are the density calculations for the R-F and tl-E zone districts, and
how they apply to this overall parcel.
Parcel = 20 acres (Gross)
= 11 ages (Net)
Residential Foothills (R-F)
Given the natural areas buffer zones, R-F will permit the following two
options:
1) 1 lot per 2.29 acres = Total of about 5 lots sprawled out on 20 acres
(equivalent to .25 dwelling units per acre)
2) Clustering incentive = overall density not to exceed 1 unit per Net
acre, or 10 total units in this case.
(equivalent to .50 dwelling units per acre)
Staff has requested that the residential portion of this parcel be limited to
the south six acres. This would theoretically reduce cluster dwelling density
to a total of 6 units clustered on six acres. Overall density would then be
equivalent to .30 dwelling units per acre given the total acreage.
Division 4.2.(E)(2)(b) of the City Land Use Code stipulates that 3-5 units per
Net acre are required in a clustered development within the R-F zone district.
Therefore, a desirable development alternative conducive to our community
vision and goals is eliminated. If this parcel is zoned R-F, the only
alternative would be option 1 above. Obviously, the limited density will
render any residential improvement infeasible in this circumstance.
Urban Estate (U-E)
Given the properties natural areas buffer zones, U-E will permit the following
options:
1600 W. Horsetooth Road (970) 226-1499 Ft. Collins, CO 80526
January 21, 1999
APPLICATION FOR ANNEXATION AND AMENDMENT OF STRUCTURE PLAN (or
MODIFICATION OF STANDARDS)
PROJECT: Wykoff-Larimer Annexation and Zoning, SEGMENT 1 and 2
APPLICANT: Bret Larimer, Ltd.
1600 W. Horsetooth Road
Fort Collins, CO 80526
OWNERS: Rex W. and Amender F. Wykoff
2916 W. County Road 38E
Fort Collins, CO 80526
PROJECT DESCRIPTION:
Application is for the voluntary annexation of two segments of a parcel of
land, totaling approximately 20.67 acres, into the City Limits. The sites are
located West of Taft Hill Road and North of County Road 38E. The sites are
currently zoned FA1/agricultural dry land.
Segment one involves a request for the annexation of approximately 6.69 acres
+- into the City Limits. This segment satisfies the parameters for annexation,
specifically, it is at least 1/6 contiguous to the City Limits. If approved, then
segment two is a request for annexation of approximately 14.47 acres +-
(including R.O.W.) into the City Limits. This segment also then satisfies the
parameters outlined for annexation. It is . requested that these segments be
annexed in their respective series simultaneously. L-M-N (low -density mixed
use) zoning is requested at time of annexation, requiring an amendment to the
structure plan map.
APPLICANT SUMMARY:
There are two issues relevant to this application:
1) Annexation
2) Initial zoning upon annexation.
ANNEXATION: Given this land is located within the Urban Growth Area, it
is, basically, a prerequisite that annexation occur prior to application for
improvement.
INITIAL ZONING UPON ANNEXATION: Presently, the Structure Plan map
suggests P-O-L (Pubic Open Lands) zoning for the northern portion of
the combined segments, and U-E (Urban Estate) zoning for the southern
portion of the combined segments. Whereas, the intent of the applicant
ATTACHMENT "C"
ATTORNEY CERTIFICATION
I, R;a'Cka S. , 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 the signers of this Annexation Petition for the area referred
to as the �Luk-4 - Annexation to the City of Fort Collins are 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 Signature Attorney Reg. No.
ATTACHMENT "B"
STATE OF COLORADO)
SS.
COUNTY OF LARIMFR
THE UNDERSIGNED BEING FIRST DULY SWORN UPON HIS OATH STATES:
THAT (S)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.
RC TOR
SUBS2CRIBE AND SWORN TO BEFORE ME THIS ')Q DAY OF C& �/ 199 ,
BY IJ��1 L il�F�llill�
WITNESS MY HAND AND OFFICIAL SEAL.
April 20.2001
COMMISSION EXPIRATION
e�
.CC!S.
ATTACHMENT ■ An
LEGAL DESCRIPTION OF THE ANNEXATION, segment 2
A TRACT OF LAND SITUATE IN THE WEST z OF SECTION 339 TOWNSHIP 7
NORTH, RANGE 69 WEST OF THE 6 th P.M., COUNTY OF LARIMER, STATE OF
COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE WEST LINE OF THE NORTHWEST 4 OF SAID SECTION 33
AS BEARING N 00'00'00■ E AND WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO: BEGINNING AT THE NORTHWEST 1/16 CORNER OF
SAID SECTION 33; THENCE ALONG THE EAST LINE OF THE SOUTHWEST 4
OF THE NOTHWEST 4 OF SAID SECTION 33, S 00'14'35• W 400.00 FEET TO
THE POINT OF BEGINNING; THENCE S 00'14'35■ W 284.71 FEET; THENCE N
r 89'45'25•W 114.72 FEET; THENCE S 00'14 '35■W 108.85 FEET; THENCE S
85'58'35■W 115.03 FEET; THENCE S 00'14 '35■W 614 .00 FEET; THENCE N
84'59'38■E 230.40 FEET, MORE OF LESS, TO THE EAST LINE OF THE
NORTHWEST 4 OF THE SOUTHWEST 4 OF SAID SECTION 33; THENCE
ALONG SAID EAST LINE S 00'14'35• W 25.77 FEET TO A POINT 104 FEET
SOUTH OF THE CENTER -WEST 1/16 CORNER, OF SAID SECTION 33;
THENCE S 00'14'35■ W 30.00 FEET; THENCE S 84'48'42• W 725.39 FEET;
THENCE N.00'00'00■ E 30.00 FEET; THENCE N 00'00'000 E 1082.94 FEET,
MORE OR LESS, TO A POINT 400.00 FEET SOUTH OF THE NORTH LINE OF
THE SOUTHWEST 4 OF THE NORTHWEST 4 OF SAID SECTION 33; THENCE
N 89'43'41■E 728.45 FEET, MORE OF LESS, TO THE POINT OF BEGINNING.
SUBJECT TO ALL RIGHT OF WAY, EASEWEQTS, OR RESTRICTIONS AS NOW
IN USE OR ON RECORD.
SAID TRACT OF LAND CONTAINS 14.47 ACRES, MORE OR LESS, GROSS.
FLOOD CERTIFICATE:
THIS PROPERTY IS NOT LOCATED IN A FLOOD HAZARD AREA IN
ACCORDANCE WITH U.S. DEPARTMENT OF HOUSING AND URBAN
DE.'VEIOIW74T FLOOD INSURANCE RATE MAP.
Individual Petitioners si, .ng this Petition represent that they c 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 Attachiaent "A"
e
a
IN.WrrNESS WHEREOF, I/we have executed this Petition for Annexation this day of
Ocr, , igg s .
A
Petitioners Owner's Signature
Address
E,_6*slac
City
� �i-` NARY �
PUBLI o s
\�Z7c5�. 7
Petitioner's/Owner'
//X, /./; C /_ ,-1 f'
Address
City State Zip
ZI; z: It% A74
Su,`
gif 2 YY � �t 1w1iI /
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
Wvknff _ Larimar Annaxatinn _ cegmont 9 Annexation to the City of Fort
Collins. Said area, consisting of approximately Fourteen and 1 / 2 (1 4 _- Q 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 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 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.
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.
9
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Vicinity Map 01/29199
1" = 600'
Wykoff-Larimer Segment 2
Annexation & Zoning
Structure Plan Map
JROL - Rural/Open Lands "
IUE - Urban Estate
ILDN - Low -Density Mixed -Use Residental
VICINITY MAP 11/30/98
#57-98A Wykoff-Larimer - Segment 2 1
Annexation & Zoning and Structure
Plan Amendment 1"=1000'
A
,A
Wykoff - Larimer Annexation & Zoning, Second, #57-98A
February 4, 1999 P & Z Meeting
Page 5
4. City Council Hearings
City Council hearings on this proposed annexation, Structure Plan amendment
and zoning will be held on the following dates:
Initiating Resolution March 2, 1999
First Reading April 20, 1999
Second Reading May 4, 1999
FINDINGS OF FACT/CONCLUSIONS:
1. The annexation of this area is consistent 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 Area.
2. The area meets all criteria included in State law to qualify for annexation by
the City of Fort Collins.
3. The requested Structure Plan Amendment is not justified by City Plan
Principles and Policies.
4. The requested zoning of LMN — Low Density Mixed Use Neighborhood is not
consistent with the City Structure Plan.
5. The proposed zoning of RF — Residential Foothills meets the intent of and
implements the City Structure Plan.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Board forward a
recommendation to the City Council to approve the Wykoff — Larimer Annexation
and Zoning # 57-98A with a zoning of RF — Residential Foothills.
Wykoff - Larimer Annexation & Zoning, Second, #57-98A
February 4, 1999 P & Z Meeting
Page 4
The subject property is located near the edge of the City and Urban
Growth Area. While there is a convenience commercial development at
the corner of County Road 38E and Taft Hill Road, the property is located
approximately two road miles from the nearest designated or developed
Neighborhood Commercial area. This distance does not fit the description
of Low Density Mixed Use Residential areas being in close proximity to
commercial developments.
3. Zoning:
The property is currently zoned FA1 — Farming in Larimer County. The
requested zoning is LMN — Low Density Mixed Use Neighborhood. However,
this zoning is not consistent with the City Structure Plan which designates the
property Rural Open Lands and Stream (see attached Structure Plan map).
There are two zoning districts which could implement the Structure Plan
designation: UE — Urban Estate and RF — Residential Foothills, especially when
this annexation is considered together with the proposed annexation to the
south. Staff is recommending the RF zoning district.
The purpose of the RF zoning district is for low density residential areas located
near the foothills. In addition to the location of the property near the foothills, the
presence of Spring Creek bisecting the property subject to the combined
annexations and the designation of the northern portion as Rural Open Lands
and Stream Corridors lends itself to a district that allows the clustering of
residential units while maintaining an overall low density. The minimum lot area
in the RF zoning district is 100,000 square feet (2.29 acres).
However, the Planning and Zoning Board can approve a development plan
where lot sizes are reduced in order to cluster development on a portion of the
property with the remainder permanently preserved as public or private open
space provided the overall density for the entire property is not greater than one
unit per net acre. There are specific development standards in the Land Use
Code for reviewing RF cluster plans. While the cluster plan would allow a higher
density than anticipated by the Urban Estate Structure Plan designation, the
potential for clustering development and maintaining the area north of Spring
Creek in permanent open space clearly implements the intent of the Structure
Plan.
Wykoff - Larimer Annexation & Zoning, Second, #57-98A
February 4, 1999 P & Z Meeting
Page 3
The subject property, as well as the proposed annexation to the north (which is
designated Rural Open Lands and Stream Corridors ) is near the western edge
of the Urban Growth Area. The applicant has submitted justification for the Plan
amendment (attached) citing City Plan Principles and Policies which focus on the
concept of creating a compact development pattern within the City and the
benefit derived from that type of development. Specifically, the applicant has
referred to Principles and Policies pertaining to minimizing auto dependency,
reducing vehicle miles traveled, providing for a variety of housing types and
densities, preservation of natural areas, new neighborhoods and Low Density
Mixed Residential next to open lands.
Staff does not support the request for a Structure Plan amendment based on
many of the same Principles and Policies supporting the retention of the Rural
Open lands and Stream Corridors designation on the subject property (as well as
the Rural Open Lands and Stream Corridors to the north). These include:
HSG 1.1: The City will encourage a variety of housing types and
densities......
This Policy recognizes that there should be a variety of lot sizes, housing
types and residential densities. The provision of low density housing,
which would implement the Rural Open Lands and Stream Corridors and
Urban Estates Plan designations at the edge of the City meets this
requirement.
NOL 1.2: The City will conserve and integrate natural areas into the
developed landscape by directing development away from sensitive areas
and using innovative planning, design and management practices....
Retention of the existing Structure Plan designations and the
implementation of appropriate zone districts (Residential Foothills and
Urban Estates) provide the best opportunity for the conservation of the
natural areas associated with the combined annexations including the
area adjacent to and north of Spring Creek.
AN 1.1 ...In a Residential District, Low Density Mixed -Use
Neighborhoods will be located around a Medium Density Mixed -Use
Neighborhood which has a Neighborhood Commercial Center or
Community Commercial District as its Core. This provides nearby access
to most things a resident or household needs on an everyday basis.
Wykoff - Larimer Annexation & Zoning, Second, #57-98A
February 4, 1999 P & Z Meeting
Page 2
COMMENTS:
1. Background
The Wykoff — Larimer Annexation and Zoning is a voluntary annexation
consisting of 14.47 acres. The property is located north of County Road 38 E,
approximately 3/ miles west of Taft Hill Road. The site is currently zoned FA1 —
Farming in Larimer County.
A combined Annexation Impact Report for this annexation as well as the
adjacent annexation to the north will be forwarded to the Board of County
Commissioners on March 2, 1999.
This is a voluntary annexation, located within the Urban Growth Area (UGA) of
the City of Fort Collins. The City may annex property located within the UGA
provided that the property has 1/61h contiguity with the existing City limits. The
Wykoff — Larimer Annexation and Zoning, #57-98A complies with this
requirement. The property has 728 feet of its total boundary of approximately
4,090 feet contiguous to existing City limits. This exceeds the minimum 695 feet
required to achieve 1/6`h contiguity.
Contiguity to existing City limits is gained from the common boundary to the
north which is the subject of the Wykoff-Larimer Annexation, # 57-98.
The surrounding zoning and land uses are as follows:
N: FA1 — Farming (County), Proposed Wykoff-Larimer Annexation,
57-98
E: FA1 — Farming (County)
S: County Road 38E, Rock View PUD (County)
W: FA1 — Farming (County)
2. Structure Plan Amendment
The requested zoning of LMN — Low Density Mixed Use Neighborhood, is
inconsistent with the City Structure Plan designation for this site (Rural Open
Lands and Stream Corridors and Urban Estates). Before considering the
requested LMN zoning, a Structure Plan amendment to Low Density Mixed Use
Residential is required. The applicant has submitted application for the
amendment which is attached.
ITEM NO. 5
^5'e
MEETING DATE 2/441 q�
STAFF Bob Blanchard
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Wykoff — Larimer Annexation & Zoning, Second, #57-98 A
APPLICANT: Bret Larimer
1600 West Horsetooth Road
Fort Collins, CO 80526
OWNERS: Rex W. and Amender F. Wykoff
2916 W. County Road 38E
Fort Collins, CO 80526
PROJECT DESCRIPTION: This is a request for the voluntary annexation of
14.47 acres located north of County Road 38E, west of Taft Hill Road. The site
is currently zoned FA1 — Farming in Larimer County. The requested zoning is
LMN — Low Density Mixed Use Neighborhood which requires an amendment to
the City Structure Plan.
RECOMMENDATION: Staff recommends the following:
Recommend approval of the annexation;
Recommend denial of the Structure Plan amendment; and,
Recommend approval of RF — Residential Foothills zoning.
EXECUTIVE SUMMARY: This is a request for the voluntary annexation of 14.47
acres of land located north of County Road 38E, west of Taft Hill Road. The site
is currently zoned FA1 — Farming in Larimer County. The requested zoning is
LMN — Low Density Mixed Use Neighborhood. This zoning requires an
amendment of the City Structure Plan from Rural Open Lands and River Corridor
and Urban Estates to Low Density Mixed Use Residential. Staff is not supporting
the Structure Plan Amendment. The recommended zoning is RF — Residential
Foothills.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 For[ Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT