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HomeMy WebLinkAboutEAST RIDGE SECOND ANNEXATION & ZONING - 33-98E - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSJuly 27, 2005 East Ridge Annexation No. 2 Policy CAD-1.2: Street Layout. The proposed street network of this development will provide an integrated extension of the community. The street system has been located considering the physical features, and to create views and prominent locations for the proposed landmarks such as parks and other prominent uses. The layout is a modified grid thereby providing a variety of pedestrian circulation opportunities. Principle HSG-1: A variety of housing types and densities will be available throughout the urban area for all income levels. Policy HSG-1.4: Land Use Patterns. There will be a variety of housing types and densities within this development. Principle ENV-5: Natural habitat/ecosystems (wildlife, wetlands, and riparian areas) will be protected and enhanced within the developed landscape of Fort Collins. Policy ENV-5.1: Protection and Enhancement. The existing wetlands will incur some disturbance; however, these disturbances will be mitigated and buffered per City code. The undisturbed existing wetlands on the site will be protected and buffered, with an average buffer depth well in excess of the minimum code requirement. By orienting nearby housing to overlook the wetlands, the wetlands and associated wildlife habitat will become an amenity. The existing hawks nest will be protected with a minimum 450-foot temporary limit of development, per L.U.C. Section 3.4.1(N)(5), and the nest itself and the tree containing the nest will be protected also per L.U.C. Section 3.4.1(N)(5). Principle NOL-1: Preserve and protect natural areas within Fort Collins and the Community Growth Management Area to provide habitat essential to the conservation of plants, animals, and their associated ecosystems and to enrich the lives of citizens by providing opportunities for education, scientific research, nature, interpretation, art, fishing, wildlife observation, hiking, and other activities. Policy NOL-1.2: Urban Development. This proposal will integrate the wetland into this development by providing an adequate buffer zone. This proposal provides additional open space around the wetland, and development of an enhanced natural environment by planting native species in these areas. Page 3 E TROJEC[ FILESULAND\I894.3\does\ANNEX\Swte=nt of Principles and Policies-Anwx.doc July 27, 2005 East Ridge Annexation No. 2 Principle T-2: Mass transit will be an integral part of the city's overall transportation system. Policy T-2.2: Transit Stops. Higher density areas will support the future transit stop proposed to be located as shown in the East Mulberry Corridor Plan at the intersection of Timberline Road with the collector road. Principle T-4: Bicycling will serve as a viable alternative to automobile use for all trip purposes. Policy T-4.1: Bicycle Facilities. This development will have on -street bicycle lanes that connect the neighborhood center with the residential neighborhoods and other Fort Collins communities. Policy T-4.2: System Design. The internal street system of the development will provide for on street.bicycle lanes on appropriate roads. Principle T-5: The City will acknowledge pedestrian travel as a viable transportation mode and elevate it in importance to be in balance with all other modes. Direct pedestrian connections will be provided and encouraged from place of residence to transit, schools, activity centers, work and public facilities. Policy T-5.1: Land Use. This development will provide a mix of land uses and activities that will promote pedestrian mobility throughout the neighborhoods and community. PolicyT-5.2: Connections. Pedestrian connections will be clearly visible throughout this development and have been provided where necessary and appropriate. Principle T-6: Street Crossings will be developed to be safe, comfortable, and attractive. Policy T-6.1: Street Crossings. Street crossings will be designed to be as pedestrian friendly to the extent feasible. Policy T-6-2: Intersection Improvements. Comer sidewalk ramps will be provided at intersections where appropriate to provide for the safety of pedestrians crossing at intersections. Principle T-9: Each addition to the street system will be designed with consideration to the visual character and the experience of the citizens who will use the street system and the adjacent property. Together, the layout of the street network and the streets themselves will contribute to the character, form and scale of the city. Page 2 EIPROJECT FILES\LA.ND\18943\docs\A-N1'EX\Statement of Principles and Policies•Anmx.doc July 27,2005 East Ridge Annexation No. 2 EAST RIDGE ANNEXATION NO.2 Statement of City Plan Principles and Policies: The following was prepared for the original East Ridge Annexation and was approved at said time. This Annexation is immediately adjacent to the original annexation and comprises 0.48 acres and does compliment the original annexation as well as meet the components of the Comprehensive Plan and the following Principles and Policies therein: Principle LU-1: Growth within the city will promote a compact development pattern within a well defined boundary. This project will result in the annexation of a County enclave (now complete) and development of land more centrally located than land previously annexed and located further from the core of Fort Collins. As urban infrastructure is extended to the north, this site will become even more centrally located. Policy LU-1: Compact Urban Form. The established L-M-N Zoning District will encourage a compact urban form of mixed -uses that will be pedestrian and transit friendly. Proposed densities meet code requirements for the zoning district, as demonstrated in the table above. Principle LU-2: The City will maintain and enhance its character and sense of place as defined by its neighborhoods, districts, corridors, and edges. Policy LU-2.1: City Wide Structure. This development meets the intent of the City Structure Plan of having neighborhoods, districts, corridors, and edges which create identifiable places, achieves a compact urban form, and is well served by all modes of transportation. Principle T-1: The physical organization of the city will be supported by a framework of transportation alternatives that maximize access and mobility throughout the city, while reducing the dependence upon the private automobile. Policy T-1.1: Land Use Patterns. This development will have appropriate residential densities and will have neighborhood center uses within walking distance from all residences within the project. The Land Use Patterns will promote and support alternative modes of transportation. Policy T-1.2: Multi -Modal Streets. The street corridors will provide for safe and convenient use of all modes of travel, including motor vehicles, transit, bicycles, and pedestrians. Page 1 EVROJECT FILE.SNLAYD1189d.71docs4s.4A'EX\Cta1c=nt of Principles and Policies-Mnex.doc East Ridge Second Annexation and Zoning um East Ridge Second Annexation and Zoning Proposed LMN '.spend 0 300 800 1,200 N Ferosls Feet �— Ralhood C] Low Dwo ty Wed -Use 8/3/2005 ATTACHMENT"C" ATTORNEY CERTIFICATION 1, Lucia A. L i 1 e y , an attorney licensed to practice in the State of Colorado, hereby certifies that I have examined the records of the Clerk and Recorder of Larimer County, Colorado and have verified that the signer of this Petition of Annexation for the area referred to as the East Ridge Annexation No. 2 to the City of Fort Collins is the fee simple owner of more than fifty percent (50%) of the area proposed for annexation. Furthermore, I certify that said fee simple owner constitutes more than fifty percent (50%) of the land owners in the area proposed for annexation, as said area is described on Attachment "A" of said Petition for Annexation, q*Iusive of streets and alleys. July 28, 2005 661 6402 Date igna re Attorney Reg. No. ATTACHMENT "A" LEGAL DESCRIPTION OF ANNEXATION AREA (Petition of East Ridge of Fort Collins, LLC) A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORAD -, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE CENTER QUARTER CORNER OF SAlD SECTION 8; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, S08450'34'E, 934.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE S88450'34"E, 538,83 FEET; THENCE 870000'00"W, 155,15 FEET; THENCE N88°S0340W, 214.07 FEET; THENCE N71°34'00"W,188.57 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED TRACT CONTAINS 21,081 SQUARE FEET (0.48 ACRES) MORE OR LESS AND IS SUBJECT TO ANY AND ALL EASEMENTS OR RIGHTS -OF -WAY OF RECORD OR THAT NOW EXIST ON THE GROUND, THE BASIS OF BEARINGS FOR THESE DESCRIPTIONS IS THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION B. THE EAST END OF SAID LINE IS MARKED BY A NO.6 REBAR WITH A 2" ALUMINUM CAP STAMPED LS 7839, AND THE WEST END OF SAID LING IS MARKED BY A NO, 6 REBAR WITH A 2 Y- ALUMINUM CAP STAMPED LS 17497. THE BEARING OF SAID NORTH LINE 1S N88050'34'W, 2529.54 FEET AS DETERMINED BY GEODETEC (GPS) OBSERVATIONS. 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 consisting of approximately .48± acres (hereinafter referred to as the "East Ridge Annexation No. 2") to the City of Fort Collins. The area proposed to be annexed is more particularly described on Attachment "A" attached hereto and incorporated herein by reference. A. The Petitioner alleges: 1. That it is desirable and necessary that the 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 proposed 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 comprises more than fifty percent (50%) of the landowners of the area proposed to be annexed and owns more than fifty percent (50%) of the area proposed to be annexed, excluding public streets and alleys. 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 area proposed to be annexed except as may be provided by the ordinance of the City of Fort Collins. B. As an express condition of annexation, Petitioner consents to the inclusion into the Municipal Subdistrict, Northern Colorado Water Conservancy District (the "Subdistrict") pursuant to §3745-136(3.6) C.R.S. Petitioner acknowledges that, upon inclusion into the Subdistrict, the Petitioner's 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 the Petitioner's property. 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. WHEREFORE, said Petitioner requests that the Council of the City of Fort Collins approve the annexation of the East Ridge Annexation No. 2 described on Attachment "A." Furthermore, the Petitioner requests that the East Ridge Annexation No. 2 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 and its signature therefrom at any time prior to second reading of the ordinances annexing and zoning the East Ridge Annexation No. 2. The Petitioner signing this Petition represents that it owns the area described on Attachment "A". #33-98E East Ridge 8i1i2005 N Second Annexation and Zoning 1 inch equals 600 feet East Ridge Annexation and Zoning, #33-98E September 15, 2005 P & Z Hearing Page 4 of 6 5. Neighborhood Response: The Current Planning Department has not received any comments from the adjacent property owners. A neighborhood meeting was not held for this request. FINDINGS OF FACT/CONCLUSIONS: After reviewing the East Ridge Second Annexation and Zoning, File #33-98E, staff makes the following findings of fact and conclusions: 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. On August 161h, 2005, City Council approved a Resolution which accepts the annexation petition and determines that the petition is in compliance with State Law. D. The subject property for the East Ridge Second Annexation and Zoning is consistent with the East Mulberry Corridor Plan, an element of the City's Comprehensive Plan designated as Low Density, Mixed -Use Neighborhood. E. Staff recommends inclusion into the Residential Neighborhood Sign District. RECOMMENDATION Staff recommends approval of the East Ridge Second Annexation and Zoning #33-98E with LMN — Low Density Mixed Use Neighborhood zoning. In addition, Staff recommends placement into the Residential Neighborhood Sign District. East Ridge Annexation and Zoning, #33-98E September 15, 2005 P & Z Hearing Page 3 of 6 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. 3. Consistent with the City's Comprehensive Plan: The requested LMN zoning is consistent with the recently adopted East Mulberry Corridor Plan. This plan is adopted as an element of the City's Comprehensive Plan. The plan designates this parcel as LMN. The property is currently zoned I — Industrial in the County. The City Structure Plan Map and the East Mulberry Corridor Plan designate this land as LMN — Low Density Mixed -Use Neighborhood. The requested annexation and zoning of LMN is consistent with City Plan and the East Mulberry Corridor Plan. The area to the north of this property was recently rezoned to LMN. The land to the south of the site is currently zoned Industrial within Larimer County and is used as a g ravel m ine. H owever, t he F ort Collins S tructure Plan i ndicates t he future use of this property to be consistent with the LMN zone district. Given the existing and future uses on the surrounding properties, the LMN zone district is compatible with these uses. 4. Compliance with State Law: As mentioned, the annexation has 47.2% 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. East Ridge Annexation and Zoning, #33-98E September 15, 2005 P & Z Hearing Page 2 of 6 Combined with the original East Ridge Annexation, the two parcels total 153.3 acres. The recommended zoning is L-M-N, Low Density Mixed -Use Neighborhood District. The rezoning request is consistent with the adopted East Mulberry Corridor Plan. COMMENTS: 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: LMN; Undeveloped S: I (County); Gravel Mine W: I (County); Gravel Mine E: I (County); Gravel Mine The original property to the north was annexed as part of the East Ridge Annexation in January, 2002. The subject property gains the necessary one -sixth contiguity along the entire north property line. Of the total perimeter boundary, the parcel has 47.2% 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. One of the stated intents of the AGREEMENT is to have urban development occur within the C ity i n order that the provision of urban I evel services by the County would be minimized. This is a 100% voluntary annexation. The parcel is not an enclave. On August 161r', 2005, City Council approved a Resolution which accepts the annexation petition and that the petition is in compliance with State statues. ITEM NO. 5 MEETING DATE 9/15/05 STAFF 'Relp Wrny Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: East Ridge Second Annexation and Zoning, File #33-98E APPLICANT: Jim Sell Design C/o Matt Blakely 153 West Mountain Avenue Fort Collins, CO 80524 OWNERS: East Ridge of Fort Collins, LLC C/o Jeff Strauss P.O. Box 40 Timnath, CO 80547 PROJECT DESCRIPTION: This is a request to annex .48 acres of land located on the south boundary of the East Ridge Annexation, approximately 935 feet east of Timberline Road. The proposed zoning is LMN — Low Density Mixed -Use Neighborhood District. The property is designated as LMN on the City of Fort Collins Structure Plan and the East Mulberry Corridor Plan. RECOMMENDATION Approval EXECUTIVE SUMMARY: The East Ridge Second Annexation and Zoning represents a follow-up action to bring in a small area of land identified for mitigation purposes for the pond and wetlands as part of the original East Ridge Annexation. This negotiated section of approximately '/2 acre extended into the adjacent property to the south — triggering the requirement for annexation. Contiguity with the existing municipal boundary is gained along the entire northern boundary which is shared with the south property line of the East Ridge Annexation (152.81) acres). 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. COMMUNITY PLANNING AND. ENVIRONMENTAL SERVICES 281 N. College Ave. PO. Box590 Fort Collins, CO80522-0580 (970)221-6750 PLANNING DEPARTMENT