HomeMy WebLinkAboutSTATE HIGHWAY 14, EAST FRONTAGE ROAD - ANNEXATION & ZONING (RESUBMITTAL) - 20-00B - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSATTACHMENT "C"
ATTORNEY CERTIFICATION
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, 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 ignature 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.
Circulator's Signaturey
Subscribed and sworn to before me this ZCJ day of
by �l tli l� ��KI-EALiR`�
WITNESS my hand and official seal.
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ATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado, to -wit:
Qd (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:
�L0f C� k e e /%inoi- /_or- 0�vr.5'1pr7
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 -�J day of
Petitioner's/Owner's Signature
Petitioner's/Owner's Signature
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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
�4a71e -%t aJrz t /'-/— far � �i a r,r ec f 2L a a,Annexation to the City of Fort
Collins. Said ar a, cons ting of approximately 3S 9 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 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 ,� /`/ �-V Zone District pursuant to the Land Use Code of the City of Fort Collins.
Imago Enterprises, Inc.
140 Palmer Drive • Fort Collins • Colorado 80525
Phone: (970) 226-6819 Fax: (970) 207-9256 Email: lesterkaplan@comcast.net
May 30, 2005
Cameron Gloss, Director of Current Planning
Community planning and Environmental Services
City of Fort Collins
281 North College Avenue
Fort Collins, CO 80522
Re: State Highway 14 — East Frontage Road Annexation
Dear Cameron:
Imago Enterprises, owner of Lot 2 of the Lee Minor Lot Division in Larimer County, is
pleased to submit this 35.9 acre lot for annexation to the City of Fort Collins. As we have
discussed, there are many strategic reasons for the City to annex this property in the
GMA, including the opportunity for entry-level housing on this site plus establishing the
necessary contiguity for annexation and City control of residential and key commercial
properties at and near the I-25/ Mulberry interchange.
This property is part of a previous 47.5 acre parcel submitted to City of Fort Collins for
annexation in July 2000 and then again in November 2002. City review of both petitions
was complicated by delays with City Council adoption of the City's I-25 Subarea Plan,
and the perception by Council that this Plan was necessary for zoning the property. The
petition was eventually withdrawn by the applicant when Council refused the requested
LMN zoning, contrary to the recommendations of staff and the Planning and Zoning
Board. The I-25 Subarea Plan was finally adopted in August 2003 showing the LMN
zoning district for the entire parcel.
The Lee Minor Lot Division was approved by the Board of County Commissioners on
August 2, 2004, splitting the property into two lots. Lot 1 is 11.3 acres along the frontage
road, zoned Commercial in the County and mostly in the Boxelder Creek floodplain. Lot
1 is no longer owned by the applicant. Lot 2, petitioned for annexation, is zoned FA-1 in
the County.
The annexation petition requests LMN zoning for the entire 35.9 acres, consistent with
the I-25 Subarea Plan. Attached are the submission requirements for this annexation. As
I understand from our recent meeting to discuss this annexation, the City intents to
exercise its power of attorney to annex the Waterdale property in the County concurrent
with this requested annexation. Please note that the annexation of the Waterdale property
concurrent with this annexation and LMN zoning are perquisites for the Petitioner not to
exercise rights reserved in the Petition for Annexation to withdraw this petition
Sincerely,
Lester M. Kapla�
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#20-OOB State Highway 14 -East Frontage Rd. N
Annexation and Zoning A
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State Highway 14 — East Frontage Road Annexation and Zoning, #20-00B
July 21, 2005 P & Z Meeting
Page 5
4. Compliance with State Law:
As mentioned, the annexation has 31.63% of its perimeter boundary contiguous
with the existing city boundary which exceeds the required one -sixth as
mandated by State law. Further, the parcel is found to have a community of
interest with the City and the parcel is expected to urbanize shortly.
5. Findings of Fact/Conclusion:
In evaluating the request for the State Highway 14 — East Frontage Road
Annexation and Zoning, Staff makes the following findings of fact:
A. The annexation of this parcel is consistent with the policies and
agreements between Larimer County and the City of Fort Collins, as
contained in the recently amended INTERGOVERNMENTAL
AGREEMENT — GROWTH MANAGEMENT AREA.
B. The parcel meets all criteria included in State law to qualify for annexation
by the City of Fort Collins.
C. The requested zone district, L-M-N, Low Density Mixed -Use
Neighborhood, is in conformance with the 1-25 Sub Area Plan.
D. On July 5, 2005, City Council approved a Resolution which accepts the
annexation petition and determines that the petition is in compliance with
State law.
E. Staff recommends inclusion into the Residential Neighborhood Sign
District.
RECOMMENDATION:
Staff recommends approval of State Highway 14 — East Frontage Road
Annexation with L-M-N, Low Density Mixed -Use Neighborhood zoning. In
addition, Staff recommends placement into the Residential Neighborhood Sign
District.
State Highway 14 — East Frontage Road Annexation and Zoning, #20-006
July 21, 2005 P & Z Meeting
Page 4
City Plan Policy LU-4.5 states:
"The following areas have been identified as priority for future subarea
planning:
• 1-25 Corridor
• Mountain Vista
• East Mulberry
Fossil Creek Reservoir Area"
B. L-M-N Zoning
The 1-25 Sub Area Plan calls for a mix of neighborhoods and densities. The Plan
states:
"The Low Density Mixed -Use Neighborhood classification represents, for
the most part, existing residential neighborhoods that were developed in
unincorporated Larimer County, and located within % mile both north and
south of Mulberry Street (Highway 14), including some manufactured
housing developments. The Mulberry Street corridor is more urban in
character than other areas within the sub area and the proposed densities
of five (5) to eight (8) units per acre in the Low Density Mixed -Use
Neighborhood classification are in keeping with existing development.
Two undeveloped properties, east of 1-25, are included in the low density
neighborhood classification; one (35 acres) is located north of East
Mulberry Street immediately east of the Cloverleaf Mobile Home Park, and
the other (45 acres) is located within % mile south of East Mulberry Street,
with its western border adjacent to Boxelder Creek. "
The entire 35.86 acres are located within''/z mile of East Mulberry Street. The
parcel is contiguous to two County residential subdivisions. Therefore, the
applicant has applied for L-M-N zoning in conformance with the 1-25 Sub Area
Plan.
C. Boxelder Creek
The Sub Area Plan identifies the 100-year floodplain of Boxelder Creek as a
valuable open land amenity within the corridor. Boxelder Creek runs north -to -
south immediately to the west of the subject parcel parallel to the Frontage Road.
This area is not a part of the annexation.
State Highway 14 — East Frontage Road Annexation and Zoning, #20-0013
July 21, 2005 P & Z Meeting
Page 3
One of the stated intents of the AGREEMENT is to have urban development
occur within the City in order that the provision of urban level services by the
County would be minimized. This is a 100% voluntary annexation. The parcel is
not an enclave. On July 5, 2005, City Council approved a Resolution which
accepts the annexation petition and that the petition is in compliance with State
statutes.
2. Zoning:
The proposed zoning for the subject annexation is L-M-N, Low Density Mixed -
Use Neighborhood. This district is intended to be a setting for a wide range 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.
The requested zoning of L-M-N, Low Density Mixed -Use Neighborhood complies
with the 1-25 Sub Area Plan and matches the abutting development north and
east.
3. 1-25 Sub Area Plan:
A. City Plan Principles and Policies
As mentioned, the parcel is contained within the 1-25 Sub Area Plan. This sub-
area plan is a component of the 1-25 Regional Communities Corridor Plan which
was adopted by the City Council in November of 2001. The 1-25 Sub Area Plan
was adopted on August 19, 2003.
City Plan Principle LU-4 states:
"More specific subarea planning efforts will follow adoption of these City
Plan Principles and Policies which tailor City Plan's city-wide perspective
to individual neighborhoods, districts, corridors and edges."
State Highway 14 — East Frontage Road Annexation and Zoning, #20-00B
July 21, 2005 P & Z Meeting
Page 2
COMMENTS:
1. Background:
According to the policies and agreements between the City of Fort Collins and
Larimer County, contained in the recently amended (November 21, 2000)
INTERGOVERNMENTAL AGREEMENTS — GROWTH MANAGEMENT AREA,
the City will agree to consider for annexation property in the G.M.A. when such
property is eligible for annexation according to State law.
The surrounding zoning and land uses are as follows:
N: County — C Commercial, FA-1 Farming; Partially developed commercial
(Interchange Business Park) and residential (Waterdale Subdivision — a.k.a.
"Sunflower")
S: City — I Industrial and U-E Urban Estate; Vacant (Galatia Annexation, 230
acres, includes 100 acre Poudre School District property)
E: County — R-1 Residential; Existing residential (Clydesdale Subdivision)
W: County — C Commercial; Vacant (Lot One, Lee Minor Land Division)
This annexation request was originally submitted in July of 2000 and referred to
then as the Prospect — East Frontage Road Annexation and included 47.15
acres. This request was put on hold while the 1-25 Sub Area Plan was tracking
through the adoption process.
The annexation was again requested in November of 2002 with a slight variation
in the name. It was again withdrawn prior to Second Reading due to the City
Council action on First Reading to place a portion of the property into Urban
Estate, in contrary to the recommendation of the 1-25 Sub Area Plan.
The present request represents a reduction of 11.3 acres located along the
Frontage Road and most of the Boxelder Creek floodplain. This parcel remains
in the County and is legally described as Lot One of the Lee Minor Land Division
and under separate ownership. (The subject parcel is legally described as Lot
Two of the Lee M.L.D.)
The parcel gains the necessary one -sixth contiguity along the entire south
property line. Of the total perimeter boundary, the parcel has 31.63% contiguity
with the city limits. This substantially exceeds the required minimum of 16.66%
(one -sixth). The parcel, therefore, complies with the requirements of the
INTERGOVERNMENTAL AGREEMENT — GROWTH MANAGEMENT AREA
and is eligible for annexation.
ITEM NO. 8
MEETING DATE 7/21/05
STAFF Ted Shepard
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: State Highway 14 — East Frontage Road Annexation and
Zoning, #20-0013
APPLICANT: Mr. Lester M. Kaplan
Imago Enterprises, Inc.
140 Palmer Drive
Fort Collins, CO 80525
OWNER: Same
PROJECT DESCRIPTION:
This is a request to annex and zone a 35.86-acre parcel. The site is located on
the east side of the 1-25 East Frontage Road approximately one -quarter mile
south of State Highway 14 (East Mulberry Street). Contiguity with the existing
municipal boundary is gained along the entire southern boundary which is shared
with the north property line of the Galatia Annexation (230 acres). The
annexation does not include the 11.3 acres to the west along the Frontage Road
and mostly in the Boxelder Creek floodplain. The recommended zoning is L-M-
N, Low Density Mixed -Use Neighborhood which is in conformance with the 1-25
Sub Area Plan.
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
This is a 100% voluntary annexation for a property located within the Growth
Management Area. The property satisfies the requirement that no less than one -
sixth of the perimeter boundary be contiguous to the existing City boundary. The
parcel is located within the 1-25 Sub Area Plan which is was adopted in August of
2003. The recommended zoning of L-M-N is in compliance with this sub area
plan. The initiating resolution was passed by City Council on July 5, 2005. The
item is scheduled for first reading by City Council on August 16, 2005.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. PO. Box580 Fort Collins, CO80522-0580 (970)221-6750
PLANNING DEPARTMENT