Loading...
HomeMy WebLinkAboutBURLINGTON NORTHERN @ MCCLELLAND - ANNEXATION & ZONING (ENCLAVE) - 9-97 - REPORTS - FIRST READINGArticle 4, Districts Division 4.17, Commercial District 7. Retail and supply yard establishments with outdoor storage. 8. Parking lots and parking garages (as a principal use). 9. Child care centers. (C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director pursuant to Section 1.3.4 of this Land Use Code, shall be prohibited. (D) (E) Land Use Standards. The maximum building height shall be four (4) stories. Development Standards. (1) Site Design. (a) Pedestrian -oriented outdoor spaces shall be placed next to activity areas that generate the users (such as street comers, shops, stores, offices, day care, and dwelIings). Because liveliness created by the presence of people is the main key to the attractiveness of such spaces, to the maximum extent feasible, the development shall link outdoor spaces to and make them visible from streets and sidewalks. Sculpture, kiosks, or shelters are encouraged to be prominently placed in outdoor spaces. (b) In multiple -building developments, outdoor spaces and landscaped areas shall be integral to an open space system in conjunction with streets and connections, and not merely residual areas left over after buildings and parking lots are sited. City of Fort Collins Land Use Code " Article 4, Page 104 Effective March 18, 1997 Article 4, Districts Division 4.17. Commercial District (e) Accessory/Miscellaneous Uses: 1. Satellite dish antennas greater than thirty-nine (39) inches in diameter. 2. Wireless telecommunication equipment. 3. Wireless telecommunication facilities. (3) The following uses are permitted in the C District, subject to review by the Planning and Zoning Board: (a). Residential Uses: 1. Mixed -use dwelling units. (b) Institutional/Civic/Public Uses: 1. Public and private schools, including colleges, universities, and vocational and technical training. 2. Community facilities. 3. Hospitals. (c) Commercial/Retail Uses: 1. Drive-in restaurants. 2. Recreational uses. 3. Large retail establishments. 4. Major vehicle repair establishments. 5. Vehicle and boat sales and leasing establishments with outdoor storage. 6. Enclosed mini -storage. City of Fort Collins Land Use Code Article 4, Page 103 Effective March 28. 1997 - - Article 4, Districts Division 4.17, Commercial District ' 8. Retail establishments. 9. Retail stores with vehicle servicing. 10. Limited indoor recreation establishments. 11. Minor vehicle repair establishments. 12. Equipment rental establishments (without outdoor storage). 13. Equipment, truck, trailer rental. 14. Lodging establishments. 15. Frozen food lockers. 16. Funeral homes. 17. Gasoline stations. 18. Health and membership clubs. 19. Open air farmers markets. 20. Plant nurseries and greenhouses. 21. Plumbing, electrical and carpenter shops. 22. Clubs and lodges. 23. Veterinary facilities, small animal clinics. (d) Industrial Uses: 1. Workshop and custom small industry uses. City of Fort Collins Land Use Code Article 4, Page 102 Effective March 28, 1997 xfae�.,�v�sao[�u __:--...--.c_+a.;-.nwwrr vvu.ax-..vm- i..�y]If t.—.�.�,••�L, - _ _ _ _ _ __L�Partr laGc`a::+,_ud �t•S_. __ . Article 4, Districts Division 4.17, Commercial District (2) The following uses are permitted in the C District, subject to administrative review: (a) Residential Uses: 1. Single-family attached dwellings. 2. Two-family dwellings. 3. Multi -family dwellings. 4. Group homes. 5. Boarding and rooming houses. (b) Institutional/Civic/Public Uses: 1. Parks, recreation, and other open lands. • 2. Public facilities. 3. Places of worship or assembly. 4. Transit facilities without repair or storage. (c) Commercial/Retail Uses: 1. Bed and breakfast establishments. 2. Standard and fast food restaurants. 3. Convenience retail stores without fuel sales. 4. Convenience retail stores with fuel sales. 5. Personal and business service shops. 6. Offices, financial services, and clinics. 7. Artisan and photography studios and galleries. City of Fort Collins Land Use Code Article 4, Page 101 Effective March 28, 1997 Article 4, Districts Division 4.17, Commercial District Ar DIVISION 4.17 COMMERCTAL DISTRICT (C) (A) Purpose. The Commercial District is intended to be a setting for development, redevelopment,. and infill of a wide range of community and regional retail uses, offices, and personal and business services. Secondarily, it can accommodate a wide range of other uses including creative forms of housing. While some Commercial District areas may continue to meet the need for auto -related and other auto -oriented uses, it is the city's intent that the Commercial District emphasize safe and convenient personal mobility in many forms, with planning and design that accommodates pedestrians. (B) Permitted Uses. (1) The following uses are permitted in the C District, subject to building permit review, provided that such uses are located on lots that are part of an approved site -specific development plan: (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. (b) Any use authorized pursuant to a site specific development plan that was processed and approved in compliance with the Zoning Code in effect on March 27, 1997 (the date immediately preceding the effective date of this Land Use Code), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (c) Any use which was permitted for a specific parcel of property pursuant to the Zoning District regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997, provided, however, that such existing use shall constitute a permitted use only on such parcel of property. AM City of Fort Collins Land Use Code Article 4, Page 100 Effective March 28, 1997 No Text I ORDINANCE NO. 102, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING DISTRICT MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE BURLINGTON NORTHERN/McCLELLAND DRIVE 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 Division 1.3 of the Land Use Code of the City of Fort Collins be, and the same hereby is, changed and amended by including the property known as the Burlington Northern/McClelland Drive Annexation to the City of Fort Collins, Colorado, in the C, Commercial Zoning District. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins be, and the same hereby is, changed and amended by showing that the above -described property is not included in the Residential Neighborhood Sign District. Section 3. That the Director of Community Planning and Environmental Services 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 1 st day of July, A.D. 1997, and to be presented for final passage on the 15th day of July, A.D. 1997. Mayor City Clerk Passed and adopted on final reading this 15th day of July, A.D. 1997. Mayor ATTEST: City Clerk 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 ("the Subdistrict"). Upon inclusion into the Subdistrict, said property shall 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. Introduced, considered favorably on first reading, and ordered published this 1 st day of July, A.D. 1997, and to be presented for final passage on the 15th day of July, A.D. 1997. Mayor ATTEST: City Clerk Passed and adopted on final reading this 15th day of July, A.D. 1997. ATTEST: City Clerk 2 Mayor ORDINANCE NO. 101, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE BURLINGTON NORTHERN/McCLELLAND DRIVE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 97-69, stating the intent of the City of Fort Collins to annex certain property and initiating annexation proceedings, has heretofore been adopted; and WHEREAS, the Council of the City of Fort Collins 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 TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26 AS BEARING N89030'00"W WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE NORTHEAST CORNER OF SAID SECTION 26 AND RUN THENCE N89030'00"W - 788.89 FEET, THENCE; S00030'00"w - 30 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE NORTHWESTERLY CORNER OF THE GHENT ANNEXATION, THENCE; SO1018'00"W - 303.32 FEET ON AND ALONG THE WESTERLY LINE OF SAID GHENT ANNEXATION AND THE EASTERLY LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY TO A POINT OF INTERSECTION WITH BARTEL'S FIRST ANNEXATION, THENCE; N89030'00"W - 99.83 FEET, ON AND ALONG THE NORTHERLY LINE OF SAID BARTELS FIRST ANNEXATION TO A POINT OF INTERSECTION WITH THE MEADOW LARK ANNEXATION, THENCE; N01016'00"E - 303.32 FEET ON AND ALONG SAID ANNEXATION LINE, ALSO BEING THE WESTERLY LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY TO AN ANGLE POINT IN SAID MEADOW LARK ANNEXATION, THENCE; S89030'OO"E - 100.01 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID MEADOW LARK ANNEXATION TO THE TRUE POINT OF BEGINNING; Containing 0.6957 acres more or less. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Burlington Northem/McClelland Drive 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. RESOLUTION 97-92 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE BURLINGTON NORTHERN/MCCLELLAND DRIVE ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Burlington Northern/McClelland Drive 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 area proposed to be annexed has been entirely contained within the boundaries of the City for a period of not less than three (3) years prior to this date. Section 2. That the Council hereby finds that the requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met. Section 3. That the Council further finds and determines that an election pursuant to Sections 31-12-107(2) or 31-12-112(1), C.R.S., is not required. Section 4. That no additional terms and conditions are to be imposed upon the area proposed to be annexed. Section 5. That the Council further finds that notice was given regarding the annexation in accordance with Section 31-12-108(2), C.R.S., as applicable. Section 6. That the Council concludes that the area proposed to be annexed in the West Drake Road 2nd 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 1 st day of July, A.D. 1997. Mayor ATTEST: City Clerk DATE: July 1, 1997 7 'TEM NUMBER: 15 The area to be annexed has been an enclave for at least three years and is therefore, eligible for annexation. The area became completely surrounded through the following annexations: N: Ghent Annexation - June 26, 1966; Meadowlark First Annexation - December 27, 1964 S: Meadowlark First and Second Annexations - December 27, 1964, April 25, 1965 E: Bartells First Annexation - February 27, 1966; Ghent Annexation - June 26, 1966 W: Meadowlark First Annexation - December 27, 1964 This area became eligible for involuntary annexation into the City on June 26, 1969. It was left out of the area annexations and is a small piece of railroad right-of-way owned by Burlington Northern Railroad. This area has not shown on previous City maps as being outside the unincorporated area; however, recent work on the City's GIS discovered this enclave. Annexation of this enclave is for housekeeping purposes. The proposed zoning for this annexation is the C - Commercial. The C District is intended to be a setting for development, redevelopment and infill of a wide range of community and regional retail uses and is found along College Avenue, from Prospect to south of Harmony road. A copy of the C - Commercial zoning district is attached. The western boundary of this zone has generally been the Burlington Northern Railroad tracks. The proposed zoning is consistent with the City Structure Plan and is compatible with the surrounding zoning, which is predominantly C - Commercial to the north, east and south and E - Employment to the west. FINDINGS OF FACT: The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins, as contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. 2. The area meets all criteria included in State law to qualify for annexation by the City of Fort Collins. 3. The recommended C - Commercial Zoning District is in conformance with the policies of the City Structure Plan. STAFF RECOMMENDATION: Staff recommends approval of the Burlington Northem/McClelland Drive Annexation and C - Commercial Zoning. PLANNING AND ZONING BOARD RECOMMENDATION: At its regularly scheduled meeting on May 20, 1997, the Planning and Zoning Board voted 4-0 on the consent agenda to recommend approval of the proposed annexation and zoning. AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 15 A-C DATE: July 1, 1997 STAFF: Bob Blanchard SUBJECT: Items Relating to the Burlington Northern/McClelland Drive Enclave Annexation. RECOMMENDATION: Staff recommends adoption of the Resolution and of the Ordinances on First Reading. EXECUTIVE SUMMARY: A. Resolution 97-92 Setting Forth Findings of Fact and Determinations Regarding Burlington Northern/McClelland Drive Annexation. B. Hearing and First Reading of Ordinance No. 101, 1997, Annexing Property Known as the Burlington Northern/McClelland Drive Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 102, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Burlington Northern/McClelland Drive. This is an involuntary annexation and zoning of an enclave of approximately 0.5 acre of railroad right-of-way, located south of Drake Road, between McClelland Drive and Redwing Road. The recommended zoning is C - Commercial. APPLICANT: OWNER: BACKGROUND: City of Fort Collins Burlington Northern Railroad The Burlington Northen-/McClelland Drive Annexation is approximately 0.5 acres of railroad right- of-way, located south of Drake Road, between McClelland Drive and Redwing Road. It is located within the Fort Collins Urban Growth Area (UGA). According to 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 agree to consider for annexation property in the UGA when the property is eligible for annexation according to State law.