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HomeMy WebLinkAboutROBERT SHIELDS 2ND ANNEXATION & ZONING ..... 7/24/95 P & Z BOARD HEARING - 19-94D, E - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSLu�m@@P(A� urban design, inc. ROBERT SHIELDS 2ND ANNEXATION STATEMENT OF LAND USE POLICIES June 8, 1995 The Robert Shields 2nd Annexation site location is consistent with the adopted City of Fort Collins Land Use Policies #3, #20, #22, and #79.b. ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: A tract of land situate in the Northwest Quarter of Section 33, T7N, R68W, of the 6th P.M., Larimer County, Colorado. More particularly described as follows: Considering the West line of the Northwest Quarter of said Section 33 as bearing N 00000'00" E as determined by monuments found at the Northwest Corner and at the West Quarter Corner of said Section 33, and with all bearings contained herein relative thereto. Commencing at the Northwest Corner of said Section 33; thence along the West line of said Section 33 S 00100'00" E 1649.10 feet; thence departing from said line S 89033'00" E 1026.38 feet to the TRUE POINT OF BEGINNING; thence S 89033'00" E 648.07 feet; thence S 20042'27" E 297.04 feet; thence N 90100'00" W 314.20 feet; thence S 00000'00" W 419.94feet; thence N 89136'40" W 198.54feet to the Southwest Corner of the Robert Shields Annexation to the City of Ft. Collins, Colorado; thence along the Easterly line of said Annexation N 00000'00" E 383.07 feet; thence N 51 035'33"W 131.18feet; thence N 04000'00"E 56.00feet; thence N 86000,001, W 80.50 feet; thence N 89 ° 33'00" W 62.53 feet; thence N 00 ° 27'00" E 175.00 feet to the TRUE POINT OF BEGINNING. The above described tract contains 6.07 acres. -5- ATTORNEY CERTIFICATION I, an attorney licensed to practice in the State of Colorado, hereby certify that I have examined the records of the Clerk and Recorder of Larimer County, Colorado, and have verified that the signers of 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 streets and alleys. Signature Date -4- 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 tract of land situato in the Northwest Quarter of Section 33, TRN, R68W, of the 6th P.M., Lorimer County, Colorado. Moro particularly described as follows: Considering the West line of the Northwest Quarter of said Section 33 as bearing N 00000'00" E as determined by monuments found at the Northwest Corner and at the West Quarter Corner of said Section 33, and with all bearings contained herein relative thereto. Commencing at the Northwest Corner of said Section 33; thence along the West line of said Section 33 S 00000'00" E 1649.10 feet; thence departing from said line S 89033'00" E 1026.38 feet to the TRUE POINT OF BEGINNING; thence S 89033'00" E 648.07 feet; thence S 20042'27" E 297.04 feet; thence N 90000'00" W 314.20 feet; thence S 00000'00" W 419.94 feet; thence N 89 036'40" W 198.54 feet to the Southwest Corner of the Robert Shields Annexation to the City of Ft. Collins, Colorado; thence along the Easterly line of said Annexation N 00000'00" E 383.07 feet; thence N 51 035'33" W 131.18 feet; thence N 04000'00" E 56.00 feet; thence N 86000'00" W 80.50 feet; thence N 89 033'00" W 62.53 feet; thence N 00027'00" E 175.00 feet to the TRUE POINT OF BEGINNING. The above described tract contains 6.07 acres. Owner's Signature j "(. !1 � Address City State Zip /--/- Zs Date -3- t Owner's Signature Address City State Zip Date STATE OF COLORADO) ) ss. COUNTY OF LARIMER) 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. 1., Subscribed and sworn to before me this (, day of r es 19 9S , by_ �— ��,,, ) Witness my hand and official seal. My Commission expires: No ry Public -2- PETITION FOR ANNEXATION The undersigned hereby petition the Council of the City of Fort Collins, Colorado, for the annexation of an area, to be referred to as the Robert Shields 2nd Annexation to the City of Fort Collins. Said area, consisting of approximately 6.07+/- 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. That the requirements of Sections 31-12-104and 31-12-105, C.R.S., exist or have been met. 3. That not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the boundaries of the City of Fort Collins. 4. That a community of interest exists between the area proposed to be annexed and the City of Fort Collins. 5. That the area to be annexed is urban or will be urbanized in the near future. 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Fort Collins. 7. That the petitioners herein comprise more than fifty percent (50%) of the landowners in the area and own more than fifty percent (50%) of the area to be annexed, excluding public streets, alleys and lands owned by the City of Fort Collins. 8. That the City of Fort Collins shall not be required to assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property proposed to be annexed except as may be provided by the ordinances of the City of Fort Collins. Further, the petitioners consent pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of such property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. The petitioner specifically reserves the right to withdraw this petition at any time prior to the Second Reading of the Annexation by the Council of the City of Fort Collins, Colorado. 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 RL - Low Density Residential Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. eQ``a�e SQJO rip OUT HORSETOOT OAD RLP 0 ��ar��°� 10TV ••. sB�De �`� RLP t1` '"g, o. 66 gr ° ! et` ' °� s @� ` EP rip ft City Limits QV e St60� OUT P� O� it o it Z EP IL V VICINITY MAP 19-94D, E ROBERT SHIELDS 2nd Annexation & Zoning 07/18/95 Mai Ll Robert Shields 2nd Annexation and Zoning, #19-94D, E July 24, 1995 P & Z Meeting Page 5 establishing the date, time and place when a public hearing will be held regarding the reading of the Ordinances annexing and zoning the area. Public hearing and first reading of the Ordinances annexing and zoning the property will be considered by City Council on September 5, 1995. RECOMMENDATION: Staff recommends approval of the annexation of the Robert Shields Second property with the zoning of R-L, Low Density Planned Residential. Robert Shields 2nd Annexation and Zoning, #19-94D, E July 24, 1995 P & Z Meeting Page 4 As precedent, the Wild West Annexation, 8.2 acres located directly north of Woodland Station, was annexed and zoned R-L-P without the P.U.D. condition. The justification for not placing the P.U.D. condition on the property was the proximity to the single family homes developed as M.R.D.'s in the County. Also as precedent, the Orchard at Clarendon Hills (5.95 acres) was annexed and zoned R-1-P, without the P.U.D. condition, due to compatibility concerns with Brookwood Estates and Applewood Estates, two existing, large -lot subdivisions approved in the County. C. Location As mentioned, the parcel is located up on the bluff of the Poudre River valley. This bluff forms the entire border along the easterly property line. The area below the bluff has severe development constraints due to terrain, floodplain, high ground water, and the Fossil Creek Inlet Ditch. (The Department of Natural Resources just completed the purchase of 281 acres along the valley floor in this area now referred to as "Arapaho Bend Natural Area".) The County M.R.D.'s to the north are developed as single family houses and are unlikely to further subdivide. The Thomas property to the south borders Hewlett-Packard and is set back from County Road #9 by about 1,000 feet and served by a private driveway. Only the property to the west, Woodland Station, has the potential, if granted Final approval, of developing into an urban form. Based on existing conditions, neighborhood compatibility, and surrounding land uses, Staff finds that the P.U.D. condition is not warranted and that the R-L Zone District is a sufficient regulatory tool by which to govern land development on this parcel. 3. Findings of Fact/Conclusion A. 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. B. The area meets all the criteria included in State law to qualify for a voluntary annexation to the City of Fort Collins. C. The request is 100% voluntary. D. On July 18, 1995, the City Council approved a Resolution which accepts the annexation petition and determines that the petition is in compliance with State Law. The Resolution also initiates the annexation process for this property by Robert Shields 2nd Annexation and Zoning, 919-94D, E July 24, 1995 P & Z Meeting Page 3 2. Requested Zoning: The requested zoning is R-L, Low Density Residential, without the P.U.D. Condition. The R-L, Low Density Residential Zone is for low density residential areas located throughout the City. Use permitted include: 1. Single family dwellings. 2. Public and private schools for elementary and high school education. 3. Public and nonprofit quasi -public recreational uses as a principal use. 4. Essential public utility and public service installations and facilities for the protection and welfare of the surrounding area, provided that business offices and repair and storage facilities are not included. 5. Churches. 6. Group homes, subject to approval by special review. 7. Accessory buildings and uses. 8. Any land use located on a Planned Unit Development plan as defined, processed and approved according to Section 29-526. Staff recommends R-L, Low Density Residential, without the P.U.D. condition, due to existing conditions, compatibility with surrounding properties, and location of the parcel. A. Existing Conditions: There are presently two single family dwellings on the six acres, approved in the county. (One of these is a modular home that could be moved to another location.) The existing character of the area is large -lot residential. The R-L Zone will help preserve this existing character. B. Compatibility with Surrounding Properties: In evaluating the request for Woodland Station Preliminary P.U.D., Staff and the affected property owners successfully negotiated for large lots (Lots 12 - 17) to be placed adjacent to the existing rural -residential properties. This transition in lot size contributes to the blending of urban and rural housing. The R-L Zone, without P.U.D. condition, will allow this transition in lot sizes to continue. Staff believes that neighborhood compatibility is best achieved if the subject property is not held to the 3.0 dwelling unit per acre minimum as required by a P.U.D. Robert Shields 2nd Annexation and Zoning, #19-94D, E July 24, 1995 P & Z Meeting Page 2 COMMENTS Background: The applicants have submitted a written petition requesting annexation and zoning for a parcel known as Robert Shields Second Annexation. The property is 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 U.G.A. when the property is eligible for annexation according to State law. The property gains the required one -sixth contiguity to existing city limits from the following common boundaries:: North: Wild West Annexation West: Robert Shields First Annexation West: Strachan Annexation The surrounding zoning and land uses are as follows: N: FA-1 (County); Existing residential (County MR.D.'s) S: FA-1 (County); Existing residential (Thomas Property) E: FA-1 (County); Vacant W: R-L-P; Vacant (Woodland Station Preliminary P.U.D.) Robert Shields First Annexation is located directly west of the Second. The Shields First, along with Strachan Annexation, total 35 acres which received Preliminary P.U.D. approval as Woodland Station, a residential project. The area to the north consists of large -lot residential (approximately 2.29 acres in size), developed in Larimer County as Minor Residential Divisions (M.R.D.'s), a process which allows property division of up to four lots without full subdivision review. The area to the south is the Thomas property, a single family farmhouse on approximately 15 acres. South of the Thomas property is Hewlett-Packard. The area to the east (below the bluff) is the Poudre River floodplain and Fossil Creek Inlet Ditch. The subject property contains two single family dwellings presently served by a common driveway off County Road #9. If Woodland Park P.U.D. gains Final approval, access will be gained via an internal local street. ITEM NO. 14 MEETING DATE 7/24/95 STAFF Ted Shepard PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Robert Shields Second Annexation and Zoning 419-94B APPLICANTS: Robert S. and Wendy L. Shields 3910 South County Road #9 Fort Collins, CO 80525 Ilene E. Shields 3900 South County Road #9 Fort Collins, CO 80525 c/o Cityscape Urban Design 3555 Stanford Road, Suite 105 Fort Collins, CO 80525 OWNERS: Same PROJECT DESCRIPTION: This is a request to annex and zone 6.07 acres located east of County Road #9, adjacent to Woodland Park P.U.D., north of Hewlett-Packard. The requested zoning is R-L, Low Density Residential, without the P.U.D. condition. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The subject property is located directly east of the Robert Shields First Annexation. The property presently contains two single family dwellings. The annexation is 100% voluntary. The property is bordered on two sides by existing residential in the County and on one side by the Poudre River floodplain. The property to the west has obtained a Preliminary P.U.D. approval for a mixed residential project known as Woodland Station. The R-L, Low Density Residential Zone District, without the P.U.D. condition is appropriate based on the two existing homes, location on the Poudre River bluff, and relative size of the parcel. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT