HomeMy WebLinkAboutGOOD SAMARITAN VILLAGE - ANNEXATION & ZONING - 27-96 - REPORTS - FIRST READINGJerry Quinn. President
Skyview South Homeowners Association
P. 0. Box 271514
Fort Collins. CO 80525
November 18. 1996
John Clark. Chairman
Board of County Commissioners
P. 0. Box 1190
Fort Collins. CO 80522
Dear Commissioner Clark:
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On November 25. 1996 the Fort Collins P'anninq and Zoning Board (P & Z) will
provide recommendations to the City .1uncil (The Council) regardinq the
annexation and zoning of the Fort Collins rood Samaritan Village located at 508
West Trilby Road, on the northwest corner of Trilby Road and Constellation Drive.
P & Z will recommend, as a part of the a^nexation. to take over maintenance of
Constellation Drive from Trilby Road on -he south to the north edge of their
property boundary. This is approximately 990 feet of roadway.
On behalf of the homeowners in the Skyview South Subdivision I am going to
request The Council to annex Constellat;cn Drive from Trilby Road on the south
to Galaxy Way on the north. This would aca approximately 265 feet of roadway to
the 990 already being recommended for arnexaticn.
May I ask that the Board of County Cownissioners emphatically support this
request for the following two reasons:
P. Under the P&Z proposal three entities would maintain Constellation
Drive which is less than a half mile long. My request will cut
maintenance to two entities that have congruent street standards.
P. County Engineer. Rex Burns, agrees that this develecment, along with
the Ridgewood Hills Develooment wh,,ch is already a part of the City, will
have negative ramifications on Constellation Drive due to the increased
non local traffic.
As we continue to talk with the County Engineering Department regarding our own
deteriorated street ways I would by very grateful for any support you will give
US.
If you have any questions regarding this correspondence please call me at w) 495-
9436 or h) 223-4711.
Sin ely,
erry n
President
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RECEIVED NOV 2 1 SS"Ou
20 November 1996
Mike Ludwig
Fort Collins Planning & Zoning Board
Box 580
Fort Collins, CO 80522-0580
Dear Mike:
I live at 412 Pulsar Street, right across the street from the proposed project commonly
known as Fort Collins Good Samaritan Village —Annexation and Zoning, #27-96. Since I
will not be able to attend the public hearing on November 25, 1996, I wanted to write to let
you know the questions I have about this proposed project.
When I purchased my home in February of 1996, one of the main attractions to me was the
expansive open space across the street, and the clear view of the Front Range. As an
investor in real estate, I felt the view added value to the home, and would be an attractive
feature to any prospective buyer (or renter). I am concerned, initially, about the loss of that
view (and the quiet nature of our subdivision) with the construction of a new residential
area not 30 feet from my door. I am troubled that such a change would lower the value of
my property.
Along the same lines, I understand this new project may include an apartment complex. I
don't know where that complex would be situated, but my hunch tells me it is likely to be
directly across the street from me. Mike, as I said, I am an investor, and I purchased this
property with a view to resell someday at a profit. I'm sure you know how apartment
complexes can impact the value of nearby homes, and I am alarmed at the possibility of one
popping up right across the street. I would hate to be forced to sell my home and move, but
if an apartment complex goes in, I will have to seriously consider it.
Mike, I appreciate you hearing my concerns, and presenting them along with the others that
will be voiced at the public hearing. The only way this project might turn out as an
advantage to me and my neighbors is if you don't allow an apartment complex, and
perhaps design the new residences to fall above the $150,000 purchase price range.
Although I love the view, having more expensive homes put in next door could make the
loss worth it in terms of dollars.
Good luck in making your decision. If you'd like to talk further, please feel free to call me
at 225-9403. Thanks again.
Sincerely,
Michael D. Warden
412 Pulsar Street
Fort Collins, CO 80525
15. Is this development going to be under the 3 dwelling unit per acre criteria?
A. Yes, the applicant has requested a PUD condition on the zoning. The PUD
condition would require any development proposal to be submitted as a Planned
Unit Development, subject to the requirements of the Land Development Guidance
System.. One of the requirements of the LDGS is a minimum residential density of
3 dwelling units per acre.
16. What will the maintenance building look like?
A. We envision this to be for van storage, lawn mowers, etc. It will have an
appearance similar to a residence. It will be very compatible. It will have a great
deal of landscaping.
17. As of right now, do you know the elevation of the duplexes? Also, do you know the
materials that will be used?
A. We envision a combination of brick and vinyl siding. It will not be a traditional lot.
There will be common open space between the property line and the back of the
duplexes. We will likely provide a berm and landscaping.
18. The entrance on Constellation Drive aligns with my front window. I don't want lights
shining in my front window. Also, the kids play right in the street.
A. We haven't really studied the access is great detail. We will take your comment into
consideration. 2 accesses may really be required.
19. Do you have any fencing plans?
A. We haven't thought about a perimeter fence on property yet.
20. What are the chances that the city won't take the annexation?
A. I really can't answer that. However, I have been the planner assigned to 2 voluntary
annexations and both were approved.
21. You could still develop under county using city standards.
A. If we develop in the County, we will be subject to the County Standards. It's better
for this to develop under the City's regulations.
22. The city policy says never say NO to developments! You can get more in under the
city. No problem to get the City to accept that.
9. There's been a lot of talk on traffic and construction, but that has already been
triggered. The city told us there would be 3 lanes after the Trilby Road construction
was finished. There are still 2 lanes like there was before. It puts all the traffic on
our street.
A. Upon contacting the Engineering Department, there appear to be discrepancies
between the approved Utility Plans (Striping Plans) and the lane striping that exists
in the field. The Engineering Department will be clarifying these discrepancies.
10. When Ridgewood Hills started construction, we were told that traffic would be kept
off of Constellation Drive. The City of Fort Collins did not listen to our concerns.
A. We commit to take care of our impacts.
11. Could you shed a little more light on this drainage thing? If it drains to the west, will
it drain on our site?
A. The developed release rate can be no greater than the historic, undeveloped rate.
This will required stormwater detention on -site with a controlled release. We would
like to release to the west. Releasing to the west will require the applicant to obtain
a drainage easement from adjacent property owners.
12. Would there be a pipe underground for water?
A. It's not necessary. We (the applicant) will be contacting adjacent property owners
to discuss alternatives.
13. We have had a severe sewage problem. In the last 2 years, sewage has backed
up into our basement several times. The cause --junk in a man hole caused
blockage
A. The sanitary sewer runs south then east. We're down stream from your property.
However we may need to make necessary adjustments
14. My front door opens directly to the site. So, I'm concerned about what the project
looks like.
A. The units will be low profile. We have requested a PUD condition on the zoning.
We must comply with neighborhood compatibility All Development Criteria of the
Land Development Guidance System. We feel that your concerns will be
adequately addressed through the PUD process.
4. What comprises 1/6th contiguity?
A. If you measure the total length of the perimeter of the property. At least 1/6th of that
distance must be directly adjacent to existing City limits. In the case of Good
Samaritan, the total perimeter is 3300 feet. 690 of the 3300 feet is directly adjacent
to existing City Limits (=21 %).
5. Well, that leaves us completely surrounded by the city. That'll force us into the city
(increase taxes, increase utility bills, etc.). Access is shown onto Constellation
Drive. Constellation Drive wasn't accepted by the County for maintenance and is
currently maintained by the homeowners association. On the plan, you have roads
onto Constellation. People will go down our street (Constellation Drive) and we pay.
I'm looking for compensation. Also, where will the drainage go? What will it do to
the value of my house?
A. This annexation will not create an enclave and therefore will not force you to annex.
The City has an agreement with the County which states that the City will annex all
right -of- way which is directly adjacent to the boundary of the property being
annexed. In this instance the City will only annex the Constellation Drive right-of-
way from Trilby Road to the north property line of the Good Samaritan property
(approximately 200 feet south of Galaxy Court). A traffic study will be required with
the development application. Necessary road improvements will be determined by
this study. It's not unusual for a development to make other off site improvements.
We tried to provide a good deal of parking.
Your second question was related to drainage. A lot of design work will be needed
regarding drainage. Constellation does have a drainage problem-- more water than
the intersection can handle. We would like to drain to the northwest if possible
(must obtain easements).
6. How much construction, how long, and when will you start?
A. The project will be phased. If the project is successful in approval, we anticipate
starting in the winter of 1997 or spring of 1998. The first phase will take about 7
months.
7. We were told that there would be no construction traffic on Constellation Drive, but
there was. The homeowners have to pay for repairs.
A. Good Samaritan will be monitoring construction and streets.
8. If your traffic study shows an increase, will the City take over maintenance of
Constellation Drive?
A. No. The City will only annex and maintain the right-of-way that is directly adjacent
to the property proposed for annexation. (Per Gary Diede).
Applicants Presentation:
• 1 st need to annex property.
• Development plan may not be submitted until annexation is determined. If City
does not annex, we will then apply to the County for development approval.
• existing 4 story facility on the site.
• Overall Development Plan shows proposed development for the next 10 to 20
years. Includes the addition of approximately 40 assisted care duplex residential
units, 50 to 60 assisted care apartment units, critical care nursing facilities, physical
therapy center, and associated support facilities.
• 1 st phase will likely be duplex residential units.
• access proposed off of Constellation Drive and Trilby Road.
Questions Concerns, Comments:
1. Is this whole thing pivotal upon the annexation?
A. First we must petition the city for the annexation. The property is within the Urban
and Growth Area (UGA) and is eligible for annexation since it has 1/6th contiguity
to existing City Limits (frontage along Trilby Road). If the City denies the
Annexation and Zoning request then we will apply to the County for development
approval. The City encourages urban level development to occur within the City
limits. No development application has been submitted. All we've done at this point
is ask for annexation approval.
2. Is the rest of it (land) going to be annexed now?
A. The Good Samaritan Annexation request consists of approximately 15.2 total acres.
This includes all of the Good Samaritan property and the adjacent right-of-way of
Constellation Drive from Trilby Road to the north property line of the Good
Samaritan property (approximately 200 feet south of Galaxy Court).
3. Will this annexation force Skyview South and Skyview Acres to annex?
A. This annexation will not make Skyview South and Skyview Acres an enclave
(enclave means county land completely surrounded by City development). If a
property is an enclave for at least three years the City could initiate annexation
proceedings. Otherwise the Skyview Subdivisions would need to voluntarily petition
the City for annexation once they have at least 1/6th contiguity or with some
limitation, the City could initiate annexation proceedings if the area to be annexed
has more than 2/3 contiguity with the City for a period of at least three years.
NEIGHBORHOOD MEETING MINUTES
PROJECT: Good Samaritan Annexation, Zoning and Overall Development Plan
DATE: October 16, 1996
APPLICANT: The Evangelical Lutheran Good Samaritan Society
CONSULTANT. Ken Merritt
Landmark Engineering
3521 West Eisenhower Blvd.
Loveland, CO 80537
STAFF. Michael Ludwig, City Planner
Staff Presentation:
Based upon City Council direction, Annexation and Zoning requests and development
applications may not be processed concurrently. The City Council must make its decision
on the Annexation and Zoning request before any development applications may be
submitted. The following dates are tentatively proposed for the consideration of the
Annexation and Zoning request:
November 5, 1996 City Council Meeting
Resolution Finding Significant Compliance. Consideration of a resolution which
states that an Annexation petition was received and is in appropriate form: the
property is eligible for annexation under State Law; and sets public hearing
schedule for consideration of the annexation and zoning request.
November 25, 1996 Planning and Zoning Board Meeting
Public Hearing by P&Z regarding a recommendation to the City Council on the
Annexation and Zoning request.
December 17, 1996 City Council Meeting
Public Hearing and First Reading of an Ordinance which would annex and zone the
property.
January 7, 1997 City Council Meeting
Second Reading of an Ordinance which would annex and zone the property.
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Higher density residential uses should locate:
- Within close proximity to community or neighborhood park facilities;
Where water and sewer facilities can be adequately provided;
Within easy access to major employment centers;
Within access to public transportation
Higher density residential uses should locate in planned unit developments or in
close proximity to existing higher density areas.
STATEMENT OF LAND USE POLICIES ACHIEVED
The following is a statement of those land use policies which would be achieved by the approval
of the zoning classification being proposed.
The zoning district being proposed for the Fort Collins Good Samaritan Village is RLP-PUD.
The Fort Collins Good Samaritan Society proposes to develop during the next 10 to 20 years the
addition of approximately 40 assisted care duplex residential units; 50 - 60 assisted care apartment
units, critical care nursing facilities; physical therapy center and associated support facilities.
Upon the successful annexation and zoning of this property the Fort Collins Good Samaritan
Society will submit an Overall Development Plan (ODP) for the entire 15.21 acres of land and
a Preliminary Development Plan for the Phase I Assisted Care Duplex Residential Development.
Specific Land Use Policies achieved by the zoning of this development are as follows:
• The development shall promote pleasant functional and understandable
interrelationship through and between adjacent and surrounding land uses.
• The development is consistent and compatible with surrounding land uses and the
development is contiguous to existing development within the City limits.
• Adequate and existing utility services are present on and adjacent to the site.
• Residential areas should provide for a mix of housing densities.
• Density bonuses should be provided to developers who provide low and moderate
income housing.
• Residential development should be directed into areas which reinforce the phasing
plan in the urban growth area.
STATEMENT OF ANNEXATION
The following is a statement of why it is necessary and desirable to annex the Fort Collins Good
Samaritan Village to the City of Fort Collins.
• The property is more than one sixth contiguous to the City of Fort Collins and is,
therefore, required to be petitioned for annexation prior to any future development
proposal being considered.
• The annexation of this property represents and promotes an orderly development
pattern for the City of Fort Collins.
• The property is within the City of Fort Collins defined "Urban Growth Area"
boundary. The surrounding property is developing residential and is becoming
more urbanized as development occurs.
• Annexation of this property would enable the City of Fort Collins to guide and
manage growth within the City's "Urban Growth Area" as well as enable the City
to have significant input to the quality of the development and its overall
mitigating impact to the surrounding community.
ATTORNEY CERTIFICATION
I, c� an attorney licensed to practice in the State of
Colorado, hereby certify that I have examine4 the records of the Clerk and Recorder of Larimer
County, Colorado, and have verified that the signers of the attached Annexation Petition 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 and own
more than 50% of the land in said area, exclusive of treets and alleys.
Signature
rM
Date
LEGAL DESCRIPTION OF REAL PROPERTY
INCLUDED IN THE ANNEXATION
(LESS PUBLIC RIGHT-OF-WAY)
Legal Description for Real Property
A portion of the Southeast Quarter of Section 11, Township 6 North, Range 69 West of the 6th
Principal Meridian, County of Larimer, State of Colorado being more particularly described as
follows:
Beginning at the South One Quarter Corner of said Section 11; said point also being the
Southeast Comer of Fossil Crest Subdivision First Filing according to the plat on file in the office
of the Clerk and Recorder said County; thence along the East line of said Fossil Crest Subdivision
First Filing North 00°56'00" West 30.00 feet to the TRUE POINT OF BEGINNING being a
point on the North line of Timan First Annexation according to the plat on file in the office of
the Clerk and Recorder said County; said point also being a point on the North right-of-way line
of Trilby Road; thence continuing along the East line of said Fossil Crest Subdivision First Filing
North 00°56'00" West 960.24 feet to the Southwest Corner of Skyview South Second Filing
according to the plat on file in the office of the Clerk and Recorder said County; thence departing
the East line of Fossil Crest Subdivision First Filing and along the South line of said Skyview
South Second Filing North 88°37'00" East 520.00 feet to the Southeast Corner of said Skyview
South Second Filing; said point also being a corner on Skyview South First Filing according to
the plat on file in the office of the Clerk and Recorder said County; thence along the South line
of said Skyview South First Filing North 88°37'00" East 110.00 feet to a point on the West right-
of-way line of Constellation Drive; thence along said West right-of-way line South 00°56'00"
East 960.24 feet to a point on the North line of said Timan First Annexation; thence along said
North line South 88°37'00" West 630.00 feet to the TRUE POINT OF BEGINNING.
Containing 604,932 sq. ft. or 13.887 acres more or less.
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Owner's Signature Bonnie Brown
Vice President for Operations
4800 West 57th Street
Address
Sioux Falls. SD 57117-5038
City State Zip
October 29, 1996
Date
Owner's Signature
Address
City State Zip
Date
LEGAL DESCRIPTION OF REAL PROPERTY
INCLUDED IN THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado to -wit:
A portion of the Southeast Quarter of Section 11, Township 6 North, Range 69 West of the
6th Principal Meridian, County of Larimer, State of Colorado being more particularly
described as follows:
Beginning at the South One Quarter Corner of said Section 11; said point also being the
Southeast Corner of Fossil Crest Subdivision First Filing according to the plat on file in the
office of the Clerk and Recorder said County; thence along the East line of said Fossil Crest
Subdivision First Filing North 00°56'00" West 30.00 feet to the TRUE POINT OF
BEGINNING; being a point on the North line of Timan First Annexation according to the
plat on file in the office of the Clerk and Recorder said County; said point also being a point
on the North right-of-way line of Trilby Road; thence continuing along the East line of said
Fossil Crest Subdivision First Filing North 00°56'00" West 960.24 feet to the Southwest
Corner of Skyview South Second Filing according to the plat on file in the office of the Clerk
and Recorder, said County; thence departing the East line of said Fossil Crest Subdivision
First Filing and along the South line of said Skyview South Second Filing North 88°37'00"
East 520.00 feet to the Southeast Corner of said Skyview South Second Filing; said point also
being a corner on Skyview South First Filing according to the plat on file in the office of the
Clerk and Recorder; said County; thence along the South line of said Skyview South First
Filing and its Easterly prolongation North 88°37'00" East 170.00 feet to a point on the East
right-of-way line of Constellation Drive; thence along said East right-of-way line and its
Southerly prolongation South 00°56'00" East 960.24 feet to a point on the North line of said
Timan First Annexation; thence along said North line and departing the East right-of-way line
of Constellation Drive South 88°37'00" West 690.00 feet to the TRUE POINT OF
BEGINNING.
Containing 662,546 sq. ft. or 15.210 acres more or less.
STATE OF COLORADO)
COUNTY OF LARRAER)
The undersigned being first duly sworn upon his own 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
Subscribed and sworn to before me this /Vi4"-day of •, .i , 19 '%(o ) by
and by ..:o_ c4iLn.✓��� v
Witness my hand and official seal.
M; Com- fission Expires
My Commission expires: �_.,., �- 1009
.P.
SY-I !f., G_AUSE
Notary
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PETITION FOR ANNEXATION
The undersigncd hereby petition the Council of the City of Fort Collins, Colorado, for the
annexation of an area, to be referred to as the Fort Collins Good Samaritan Village Annexation to
the City of Fort Collins. Said area, consisting of approximately 15.210 acres, is more particularly
described on Attachment "A", attached hereto.
The petitioners allege:
1. That it is desirable and necessary that such area be annexed to the City of Fort
Collins.
2. The requirement 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 petitions 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 ordinances of the City of
Fort Collins.
Further, as an express condition of annexation, landowner consents to inclusion into the
Municipal Subdistrict, Northern Colorado Water Conservancy District ("the Subdistrict") pursuant
to 37-45-136 (3.6) C.R.S., Landowner acknowledges that, upon inclusion into the Subdistrict,
landowner'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
landowner's lands. Landowner 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. Landowner 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 petitioners request that the Council of the City of Fort Collins
approve the annexation of said area. Furthermore, the petitioners request that said area be placed in
the RLP-PUD Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort
Collins.
pavement reconstruction.
For a street annexed that was not constructed to City standards at the time it was built and had
not been upgraded to City standards or equivalent, the City would perform minor maintenance
including patching potholes trying to keep the street passable. Minor maintenance would be done
until the street deteriorated to such a condition that it requires reconstruction. At that time the
property owners adjacent to the street would have to pay for the design and construction of the
street to upgrade it to City standards. After completion of the construction to City standards and
its acceptance by the City, the City would take on full service maintenance, as described above.
The process available to upgrade a street would be an improvement district. With that district
property owners would be given the option to pay off their share in one payment when the
construction was completed or pay their share in equal payment over 10 or 15 years.
When we talk about upgrading a street to City standards, it means upgrading the pavement to a
20 year design life pavement with a concrete border such as curb and gutter, valley gutter or
concrete strip, whichever the City determines is appropriate for the site conditions, such as
drainage on the street or in a borrow ditch. Sidewalk construction where none exists is not
mandatory at this time. Handicap accessibility would be required with the upgrades in accordance
with ADA requirements.
Annexation of Constellation extended north.
Some property owners in the development served by Constellation Drive requested that the
remaining portion of Constellation to the north of the Good Samaritan property to the first
intersection (approximately 200 to 300 feet) also be annexed. We can find no justification with
the Intergovernmental Agreement to annex the extra portion. It serves almost exclusively County
development. Some traffic from the Ridgewood Hills development has in the past used
Constellation Drive to access College Avenue when Trilby Road was under construction and
some traffic still uses it because of left turn delays at College and Trilby. We are still working
with the developer of Ridgewood Hills to fix the College and Trilby intersection to add the east
bound left turn lane on Trilby, a requirement of the Ridgewood Hills development. Good
Samaritan's logical access direction when they develop taking access from Constellation, will be
to Trilby Road not the County development.
Street Improvements by Good Samaritan
When Good Samaritan develops and takes access off Constellation Drive, they may be required to
upgrade the street to City standards. The details of what they would be required to do would be
established during their development review process and depend upon the intensity of their
development. They would be required to mitigate the impacts of their development at most by
making improvements to the adjacent streets, Trilby and Constellation. Since they are adjacent to
Trilby Road, an "improved arterial street" by City Code, they would not have any offsite
improvement requirements except possibly the east half of Constellation Drive. If they changed
their minds and chose not to develop, Good Samaritan would be treated like any other property
owner and have to pay their share for street improvements when the street had to be upgraded.
Transportation Services
Engineering Department
City of Fort Collins
MEMORANDUM
DATE: December 11, 1996
TO: Mike Ludwig, Project Planner
FROM: Mike Herzig, Development Engineering Manager
r
RE: Good Samaritan Village Annexation
At the Planning and Zoning Board meeting where the above titled project was heard, the Board
asked and heard several questions regarding the annexation of Constellation Drive, the street
adjoining the property proposed for annexation. Most questions focused on annexing more of
Constellation Drive to the north of the subject property. City staff at the meeting attempted to
answer the questions with what they knew. The following discussion may help to clarify the
issues and answer questions remaining.
Annexation of Constellation Drive adjacent to Good Samaritan
When a property is proposed for annexation, we look at the Intergovernmental Agreement
between Latimer County and the City to determine whether the adjoining streets must be annexed
or not. In accordance with the Agreement we either annex an entire width of the street or none at
all. We do not annex half of a street. The other criteria reviewed in the Agreement is whether the
street serves primarily the property proposed for annexation or it "is used primarily for other
County development." The City does not have to annex streets primarily used for other County
development. In this case Good Samaritan proposes to expand its use and take access off of the
adjoining County street, Constellation Drive. The street serves both the property proposed for
annexation and as primary access for County development. Since it serves both needs it became a
choice as to whether the City should annex the street or not. We chose to recommend
annexation. This means, only, that portion of the street, the full right of way width, adjacent to
the property proposed for annexation, would be annexed.
Streets being annexed are not required to be upgraded to City standards at the time of annexation
nor prior to the annexation. Upon annexation the City would take over maintenance of the street
from the County. The County, for many county developments, does not maintain the streets.
However, the City does maintain all public streets to certain levels of maintenance. If an annexed
street was designed and built to City standards, or equivalent to City standards at the time it was
constructed, the City would perform full maintenance in accordance with City maintenance policy,
which currently includes patching, crack sealing, surface treatments, pavement overlays and
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 111-6605
ANNEXATION PLAT
}, FOR
- FORT COLLINS l-�OOD SAMARITAN VILLAGE
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 11,
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#27-96 FTC Good Samaritan Village "
Annexation &Zoning
1"= 300'
No Text
Section 3. That the zoning granted herein is expressly conditioned upon the entire
above -described property being developed as a planned unit development in accordance with the
ordinances of the City.
Section 4. That the City's Director of Engineering is hereby authorized and directed to
amend said Zoning District Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 17th day of
December, A.D. 1996, and to be presented for final passage on the 7th day of January, A.D. 1997.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of January, A.D. 1997.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 159, 1996
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING DISTRICT MAP CONTAINED IN CHAPTER 29
OF THE CODE OF THE CITY OF FORT COLLINS AND CLASSIFYING
FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE FORT COLLINS GOOD SAMARITAN VILLAGE ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows:
Section 1. That the Zoning District Map adopted pursuant to Chapter 29 of the Code of
the City of Fort Collins be, and the same hereby is, changed and amended by including the property
known as the Fort Collins Good Samaritan Village Annexation to the City of Fort Collins, Colorado,
in the R-L-P, Low Density Planned Residential:
A portion of the Southeast Quarter of Section 11, Township 6 North, Range 69 West
of the 6th Principal Meridian, County of Larimer, State of Colorado being more
particularly described as follows:
Beginning at the South One Quarter Corner of said Section 11; said point also being
the Southeast Corner of Fossil Crest Subdivision First Filing according to the plat on
file in the office of the Clerk and Recorder said County; thence along the East line
of said Fossil Crest Subdivision First Filing North 00°56'00" West 30.00 feet to the
TRUE POINT OF BEGINNING; being a point on the North line of Timan First
Annexation according to the plat on file in the office of the Clerk and Recorder said
County; said point also being a point on the North right-of-way line of Trilby Road;
thence continuing along the East line of said Fossil Crest Subdivision First Filing
North 00° 56'00" West 960.24 feet to the Southwest Corner of Skyview South Second
Filing according to the plat on file in the office of the Clerk and Recorder, said
County; thence departing the East line of said Fossil Crest Subdivision First Filing
and along the South line of said Skyview South Second Filing North 88°37'00" East
520.00 feet to the Southeast Corner of said Skyview South Second Filing; said point
also being a corner on Skyview South First Filing according to the plat on file in the
office of the Clerk and Recorder; said County; thence along the South line of said
Skyview South First Filing and its Easterly prolongation North 88°37'00" East
170.00 feet to a point on the East right-of-way line of Constellation Drive; thence
along said East right-of-way line and its Southerly prolongation South 00°56'00" East
960.24 feet to a point on the North line of said Timan First Annexation; thence along
said North line and departing the East right-of-way line of Constellation Drive South
88 °37'00" West 690.00 feet to the TRUE POINT OF BEGINNING.
Containing 662,546 sq. ft. or 15.210 acres more or less.
Section 2. That the Sign District Map adopted pursuant to Section 29-593.1 of the Code
of the City of Fort Collins be, and the same hereby is, changed and amended by showing that the
above -described property is included in the Residential Neighborhood Sign District.
be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as
the Fort Collins Good Samaritan Village Annexation.
Section 2. That, in annexing said property to the City, the City does not 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 hereby annexed except as
may be provided by the ordinances of the City.
Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S.,
to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water
Conservancy District.
Introduced, considered favorably on first reading, and ordered published this 17th day of
December, A.D. 1996, and to be presented for final passage on the 7th day of January, A.D. 1997.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of January, A.D. 1997.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 158, 1996
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE FORT COLLINS GOOD SAMARITAN
VILLAGE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 96-133, finding substantial compliance and initiating annexation
proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and
WHEREAS, the Council does hereby find and determine that it is in the best interests of the
City to annex said area to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following described property, to wit:
A portion of the Southeast Quarter of Section 11, Township 6 North, Range 69 West
of the 6th Principal Meridian, County of Larimer, State of Colorado being more
particularly described as follows:
Beginning at the South One Quarter Corner of said Section 11; said point also being
the Southeast Comer of Fossil Crest Subdivision First Filing according to the plat on
file in the office of the Clerk and Recorder said County; thence along the East line
of said Fossil Crest Subdivision First Filing North 00°56'00" West 30.00 feet to the
TRUE POINT OF BEGINNING; being a point on the North line of Timan First
Annexation according to the plat on file in the office of the Clerk and Recorder said
County; said point also being a point on the North right-of-way line of Trilby Road;
thence continuing along the East line of said Fossil Crest Subdivision First Filing
North 0005600" West 960.24 feet to the Southwest Comer of Skyview South Second
Filing according to the plat on file in the office of the Clerk and Recorder, said
County; thence departing the East line of said Fossil Crest Subdivision First Filing
and along the South line of said Skyview South Second Filing North 88037'00" East
520.00 feet to the Southeast Comer of said Skyview South Second Filing; said point
also being a corner on Skyview South First Filing according to the plat on file in the
office of the Clerk and Recorder; said County; thence along the South line of said
Skyview South First Filing and its Easterly prolongation North 88°37'00" East
170.00 feet to a point on the East right-of-way line of Constellation Drive; thence
along said East right-of-way line and its Southerly prolongation South 00°56'00" East
960.24 feet to a point on the North line of said Timan First Annexation; thence along
said North line and departing the East right-of-way line of Constellation Drive South
88°37'00" West 690.00 feet to the TRUE POINT OF BEGINNING.
Containing 662,546 sq. ft. or 15.210 acres more or less.
RESOLUTION 96-149
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE FORT COLLINS GOOD SAMARITAN VILLAGE ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Fort Collins Good Samaritan Village Annexation; and
WHEREAS, following Notice given as required by law, the Council has held a hearing on
said annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That the Council of the City of Fort Collins hereby finds that the petition for
annexation complies with the Colorado Municipal Annexation Act ("the Act").
Section 2. That the Council hereby finds that there is at least one -sixth (1/6) contiguity
between the City and the property proposed to be annexed; that a community of interest exists
between the property proposed to be annexed and the City; that said property is urban or will be
urbanized in the near future; and that said property is integrated with or is capable of being integrated
with the City.
Section 3. That the Council further determines that the applicable parts of the Act have
been met, that an election is not required under the Act and that there are no other terms and
conditions to be imposed upon said annexation.
Section 4. That the Council further finds that notice was duly given and a hearing was
held regarding the annexation in accordance with the Act.
Section 5. That the Council concludes that the area proposed to be annexed in the Fort
Collins Good Samaritan Village Annexation is eligible for annexation to the City and should be so
annexed.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
17th day of December, A.D. 1996.
Mayor
Ian 0fto
City Clerk
DATE: December 17, 1996 1 4 I ITEM NUMBER: 20 A-C
(Note: The Intergovernmental Agreement requires property in the UGA which is
eligible to be annexed and proposed to be developed to petition the City for
Annexation.)
#82 Higher density residential uses should locate in planned unit developments or in close
proximity to existing higher density areas.
Staff believes that the requested R-L-P, Low Density Planned Residential with a PUD condition
zoning is in conformance with the policies of the City's Comprehensive Plan.
Please refer to the attached memo from Mike Herzig, Development Engineering Manager to Mike
Ludwig, City Planner for further information regarding the annexation of adjacent right-of-way
(Constellation Drive).
FINDINGS:
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 all criteria required by State law to qualify for a voluntary annexation to the
City of Fort Collins.
3. On November 5, 1996, the City Council approved a Resolution which accepted the
annexation petition and determined that the petition is in compliance with State law.
4. On November 25, 1996, the Planning and Zoning Board voted unanimously to recommend
approval of the annexation and zoning request.
5. The requested R-L-P, Low Density Planned Residential zoning is in conformance with the
policies of the City's Comprehensive Plan.
6. It is further recommended that the zoning carry a condition that the property will develop as
a Planned Unit Development (P.U.D.) in accordance with the LAND DEVELOPMENT
GUIDANCE SYSTEM.
7. The Sign District Map adopted pursuant to Section 29-593.1 of the Code of the City of Fort
Collins should be changed and amended to show that the subject property is included in the
Residential Neighborhood Sign District.
STAFF RECOMMENDATION:
Staff recommends approval of the annexation of the property and requested zoning.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Planning and Zoning Board, at its regular monthly meeting on November 25, 1996, voted 7-0
to recommend approval of the annexation of the property and requested zoning.
DATE: December 17, 1996 1 3 I ITEM NUMBER: 30 A-C
From the Goals and Objectives document:
Encourage new residential construction within and adjacent to areas where adequate facilities
and services exist.
Urban development in the urban service area should be consistent with the provision of
utilities, schools, parks, and other public services and preferably contiguous to existing
development.
Encourage urban density residential development to occur within the City, phased urban
density residential development in the urban service area, and rural development beyond the
urban service area.
The above themes are repeated in the following policies from the Land Use Policies Plan:
#3a The City shall promote maximum utilization of land within the City.
#12 Urban density residential development usually at three or more units to the acre
should be encouraged in the urban growth area.
#20 Land use, site planning, and urban design criteria shall be developed to promote
pleasant, functional and understandable inter -relationships through and between land
uses.
(Note: Any development proposal will be reviewed against the All -Development
Criteria of the LDGS to ensure this policy is satisfied.)
#22 Preferential consideration shall be given to urban development proposals which are
contiguous to existing development within the city limits or consistent with the
phasing plan for the City's urban growth area.
(Note: Ridgewood Hills is directly south of this property)
#26 Availability of existing services shall be used as a criteria in determining the location
of higher intensity areas in the City.
(Note: Adequate and existing utility services are present on and adjacent to the site.)
#75 Residential areas should provide for a mix of housing densities.
(Note: See above reference to Section 29-146 of the City Code for the definition of
the R-L-P zoning district. In addition, the P.U.D. process will allow the potential for
a range of residential densities.)
#78 Residential development should be directed into areas which reinforce the phasing
plan in the urban growth area.
DATE: December 17, 1996
2 ITEM NUMBER: 20 A-C
OWNER: The Evangelical Lutheran Good Samaritan Society
4800 W. 57th
Sioux Falls, SD 57117
BACKGROUND:
The surrounding zoning and land uses are as follows:
"i�I 4 )~"A( ); ngle-family residential (Skyview Acres and Skyview South
` +�`• b i t ns).
S: r-1-p (City); existing single-family residential (Ridgewood Hills PUD).
W: FA (County); existing single-family residential (Fossil Crest Subdivision).
E: FA (County); existing single-family residential (Skyview Acres South Subdivision).
The applicant, Mr. Ken Merritt, Landmark Engineering, on behalf of The Evangelical Lutheran Good
Samaritan Society, has submitted a written petition requesting annexation and zoning for a parcel
known as the Fort Collins Good Samaritan Village Annexation and Zoning. Any existing
commercial signs on the property will have to conform to the City's Sign Code at the conclusion of
a five year amortization period.
The property is located at the northwest corner of West Trilby Road and Constellation Drive and
is therefore located within the Fort Collins Urban Growth Area. According to the 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 consider the annexation of property in the UGA when the property is eligible
for annexation according to State law. The property satisfies the required one -sixth (1/6) contiguity
to existing City limits as its southern boundary (690') is common with the north line of the Timan
First Annexation.
Over the next 10 to 20 years, the Fort Collins Good Samaritan Society proposes to build
approximately 40 assisted care duplex residential units; 50-60 assisted care apartment units; critical
care nursing facilities; a physical therapy center; and associated support facilities on the property.
Accordingly, the requested zoning for this annexation is R-L-P, Low Density Planned Residential
with a PUD condition.
Section 29-146 of the City Code states:
"The R-L-P Low Density Planned Residential District is for areas planned as a unit to
provide variation in use, density and building placement."
The requested P.U.D. condition would require any development proposal for this property to be
reviewed against the criteria of the LAND DEVELOPMENT GUIDANCE SYSTEM (LDGS).
The requested R-L-P, Low Density Planned Residential Zoning with a P.U.D. condition is in
conformance with a number of policies contained in the City's Comprehensive Plan. Some examples
of from the City's Comprehensive Plan are as follows:
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
SUBJECT:
ITEM NUMBER: 20 A-C
DATE: December 17, 1996
STAFF: Michael Ludwig
Items Relating to the Fort Collins Good Samaritan Village Annexation and Zoning.
RECOMMENDATION:
Staff recommends adoption of the Resolution and of the Ordinances on First Reading. The Planning
and Zoning Board voted 7-0 to recommend approval of the annexation and requested zoning.
EXECUTIVE SUMMARY:
A. Resolution 96-149 Setting Forth Findings of Fact and Determinations Regarding the Fort
Collins Good Samaritan Village Annexation.
B. First Reading of Ordinance No. 158, 1996, Annexing Property Known as the Fort Collins
Good Samaritan Village Annexation to the City of Fort Collins, Colorado.
C. First Reading of Ordinance No. 159, 1996, Amending the Zoning District Map Contained
in Chapter 29 of the Code of the City of Fort Collins and Classifying for Zoning Purposes
the Property Included in the Fort Collins Good Samaritan Village Annexation to the City of
Fort Collins, Colorado.
This is a request to annex and zone 15.210 acres (includes public right-of-way), and zone it R-L-P,
Low Density Planned Residential with a PUD condition. The existing, 4-story, Fort Collins Good
Samaritan Village building is located on the property which is currently zoned R-2, Residential in
the County. This is a 100% voluntary annexation to the City. The annexation of this area is
consistent with the policies and agreements between County and the City contained in the
INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH
AREA. Please refer to the attached memo from Mike Herzig, Development Engineering Manager
to Mike Ludwig, City Planner for further information regarding the annexation of adjacent right-of-
way (Constellation Drive).
APPLICANT: The Evangelical Lutheran Good Samaritan Society
c/o Ken Merritt
Landmark Engineering
3521 West Eisenhower Blvd.
Loveland, CO 80537