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Home My WebLink AboutMOUNTAINS EDGE ANNEXATION & ZONING - 2430 S. OVERLAND TR. - ANX160002 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSTed Shepard From: Ted Shepard Sent: Monday, April 11, 2016 9:38 AM To: Kristin Turner (kristin@tbgroup.us) Subject: Mountain's Edge - Public Input Good morning Kristin — here is the list of folks who spoke at the public hearing last Thursday: 1. Nathan Hammer 2. Michaela Ann Coneau 3. Melissa Stoeckle 4. Kelly Reasoner 5. Angela Kosek 6. Stacey Phillips e-mail: Danya Good 2433 Compass Court 2308 Stanley Court 2512 Yorkshire Street 2442 Yorkshire Street 2412 Compass Court 3036 Garrett Drive 2445 Compass Court Here's an abutter who spoke with me in the lobby after the hearing but did not speak publicly: Jim and Marie Zeidler 2927 Mount Royal Court Thanks, Ted Ted Shepard Chief Planner City of Fort Collins 970-221-6343 i PLANNING & ZONING BOARD Sign In Sheet DATE: ° Nanit, .r Mailing Address Attendance -\ Iz soye Li LA a `l o Iz 5 A 12 IZ C (<"PF c `1 007pulAc e .4 ivf- ��A, �J/4-c i &t LJCO G`� i' ru,(jq r e o+ e -74l &ar Gr,� ' e r t, c, THIS IS A PART OF THE PUBLIC RECORD Please contact Cindy Cosmas at 970-221-6259 or ccosmas@fcgov.com if you inadvertently end up with it. Thank you! 0 PLANNING & ZONING BOARD Sign In Sheet DATE: "` - i l P N'l ni C Mailing Address 4-0/7- Email and/or Phone Reason for Attendance fhc C t n�' l i tk'J •� , L� 0 .-3 N it r 1 1. - esse - ` 11016Z7 Z, �. , w, t L 33 1 {'�1 e 4Ak; *U , 1 ` G 11 � ✓ e J `� �'Gl�/'Xu ''� .� tO� w' s :,C �� i-�Ztx k 1 �'w.�t t.c "l Cc' �J� '�C,� L- ), <0 !—+ p i Uc. �e is z ll aHill Dr. THIS 1S A PART OF THE PUBLIC RECORD Please contact Cind} Cosmas at 970-221-6259 or ccusmas a fcgox.ami if; ou inad', ertently end up \\ith it. Thank you! P�,I-S ATTACHMENT "C" ATTORNEY CERTIFICATION I, Y'atr' `k fir• /�r6u ce/r , 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 MOUNTAINS EDGE Annexation 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. r u a3 ant �q Date _ Pit- a• "MA 325(07 Signature Attorney Reg. No. revIsed 3131/08 ATTACHMENT "B" STATE OF COLORADO ) )ss. COUNTY OFBR ) I✓ t ALas 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. ircu atoM�re Subscribed and sworn to before a this dayof 2, by, aj&,n r2e 2 r.s WITNESS my hand and official seal. Commission Expiration Notary Public LMJ revised 313IN8 ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to -wit: A PORTION OF THE SW 114 OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF SECTION 21 AND RUN THENCE EAST 655.51 FEET; THENCE NORTH 1393.18 FEET; THENCE WEST 651.78 FEET, MORE OR LESS, TO THE WEST LINE OF SECTION 21, THENCE SOUTH 1393 FEET, MORE OR LESS TO THE POINT OF BEGINNING; LESS THAT PORTION AS CONVEYED TO THE CITY OF FORT COLLINS JANUARY 25, 1967 IN BOOK 1353 AT PAGE 280, AND THAT PORTION CONVEYED TO LARIMER COUNTY FEBRUARY 21, 1968 IN BOOK 1380 AT PAGE 296 Said parcel of land contains 18.516 acres, more or less (t), and is subject to any rights -of -way or other easements of record or as now existing on said described parcel of land. revised 3/31108 M (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'. 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 day of run , 2 o P I ner's/Owner's Signature ,Zlz Ill W0.Gsti ,Q��., �, 3°Y Address city State Zip Petitioner's/Owner's Signature Address City State ME revised 3131108 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 MOUNTAINS EDGE ANNEXATION Annexation to the City of Fort Collins. Said area, consisting of approximately 806,546 SQ. FT 18.516 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 (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 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 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. revised 3131/08 mmmeo�.our uu.� .m�v m,mwr�om®,Quvmm.._ as nmmrzamwu. es�. r�u,mioyae�mixm mmcn,rwwrcrtrwixwurm 1 ® NORTH 1 MOUNTAINS EDGE ANNEXATION A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO N VICV- T MAP ni�.n.eru,o� it qJ_ a H z Z [tU >Oi O? J :)U OF In 00 aLL N Q 1 elieal 00 m M M N� oc For', s Mountain's Edge Annexation Structure Plan Ran,Fortcouins aundoiea Districts Naiohborhoods Edam Corridors Fort Collins GMA Nei®hborbood Common al Dislnct Urban Estate Foothills Open Lands, Parks and Water Corridors Potential GMA Expansion Campus Dined Low Density Mixed -Use � Enhanced Travel Corridor (Transit) f:_{ City Limits Medium Density Mixed -Use County Boundary " - 1 in = 0.4 miles Attachment 1 Major Street Names ® Annexation City Limits OGrowth Management Aree W Elizabeth St W Prospect Rd 4f J t W g W Drake Rd Mountain's Edge oration & Zoning_ W Horsetooth Rd d 38E-�-N'Pi ----------- %oI a o Mountains's Edge Annexation & Zoning N Vicinity Map 1 inch = 2,000 feet A Agenda Item 4 Typically, Low Density Neighborhoods will be clustered around and integral with a Medium Density Mixed -Use Neighborhood with a Neighborhood Commercial Center at its core. For the purposes of this Division, a neighborhood shall be considered to consist of approximately eighty (80) to one hundred sixty (160) acres, with its edges typically consisting of major streets, drainageways, irrigation ditches, railroad tracks and other major physical features." 3. Findings of Fact: A. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. B. 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 Growth Management Area. C. The requested zoning, L-M-N, Low Density Mixed -Use Neighborhood, is in conformance with the policies of the City's Comprehensive Plan (Structure Plan Map). D. The request is in conformance with Section 2.9, Amendment to the Zoning Map, of the City of Fort Collins Land Use Code. E. On April 5, 2016, 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 City Council public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. F. Since the parcel is located north and west of existing residential subdivisions, and east of a City -owned natural area, Staff recommends that the parcel be included in the Residential Neighborhood Sign District. This is consistent with the surrounding area. RECOMMENDATION: Staff recommends that the Planning and Zoning board make a motion to approve the 18.52 acre Mountain's Edge Annexation and Zoning #ANX160002, and placement into the L-M-N, Low Density Mixed -Use Neighborhood zone district. Further Staff recommends placement into the Residential Neighborhood Sign District. These recommendations are based on the Findings of Fact on pages three and four of this Staff Report. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan (PDF) 3. Zoning Map (PDF) 4. Annexation Plat (PDF) 5. Annexation Petition (PDF) Item # 4 Page 3 Agenda Item 4 COMMENTS: 1. Background: The property is located within the Fort Collins Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the (1.) Intergovernmental Agreement for the Fort Collins Growth Management Area, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The subject property gains the required one -sixth contiguity to existing City limits in the following manner: East: Herring Annexation, 103 acres, (1977), now known as the Brown Farm Subdivision. South: Dixon Creek Annexation, 58.7 acres, (1980), now known as the Quail Hollow Subdivision. West: Pine Ridge Third Annexation, 102 acres, (1999), now part of the Pine Ridge Natural Area. As a result, 84.3% of the total perimeter is contiguous to the existing municipal boundary which exceeds the required minimum (16.66%). This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. The surrounding zoning and land uses are as follows: N: County FA-1 Drive -In Movie Theatre S: R-L Quail Hollow and Burns Ranch Subdivisions E: R-L Brown Farm Subdivision W: P-O-L Pine Ridge Natural Area 2. Zonina: Per the Structure Plan Map, the proposed zoning for the subject annexation is L-M-N, Low Density Mixed -Use Neighborhood. The Land Use Code describes this district as: "...intended to be a setting for a predominance of low density housing combined with complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices, that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by the pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the small neighborhood parks. Any new development in this District shall be arranged to form part of an individual neighborhood. Item # 4 Page 2 Agenda Item 4 PROJECT NAME MOUNTAIN'S EDGE ANNEXATION AND ZONING #ANX160002 STAFF Ted Shepard, Chief Planner PROJECT INFORMATION PROJECT DESCRIPTION: This is a request to annex and zone 18.52 acres located at the northeast corner of West Drake Road and South Overland Trail. This is a 100% voluntary annexation. The parcel currently consists of one single family home. The parcel is west of the Brown Farm Subdivision and south of the drive-in movie theater. In accordance with the City Plan's Structure Plan Map, the requested zoning for this annexation is L-M-N, Low Density Mixed -Use Neighborhood. APPLICANT/OWNER: Mr. Jeff Mark Landhuis Company. 212 North Wahsatch Avenue, Suite 301 Colorado Springs, CO 80903 RECOMMENDATION: Staff recommends approval of the annexation and placement into the L- M-N, Low Density Mixed -Use Neighborhood zone district as well as the Residential Neighborhood Sign District. EXECUTIVE SUMMARY This is a request to annex and zone 18.52 acres which is located at the northeast corner of West Drake Road and South Overland Trail and addressed as 2430 South Overland Trail. According to the Intergovernmental Agreement with Larimer County, the City agrees to consider annexing parcels that are within the Growth Management Area and are contiguous to the municipal boundary. Of the total perimeter boundary, the annexation has 84.3% contiguity thus exceeding the necessary one -sixth (16.66%) contiguity. Because of the location within an established residential area, the parcel will be placed into the Residential Neighborhood Sign District which is consistent with the surrounding area. Item # 4 Page 1