HomeMy WebLinkAboutREA ANNEXATION AND ZONING - 64 93C - CORRESPONDENCE - CITY COUNCILZONING, ANNEXATION AND DEVELOPMENT OF LAND ,
from surrounding uses, by a solid fence or
wall at least six (6) feet in height.
(33) .The following uses are permitted in the C-L
District, provided that. the uses enumerated
are shown on a site plan submitted to and
approved by the Director of Planning.
a. Bars.
b. Convenience grocery stores.
C. Farm implement sales.
d. Gas stations.
e. Hotels and motels.
f. Mobile home sales.
g. Restaurants (drive-in).
(34) Any legally permissible use which existed
on a parcel of property as of the effective
date of the ordinance that placed such par-
cel of property into this zoning district, pro-
vided that such permitted use shall be lim-
ited to such parcel of property.
(35) Any land use located on a Planned Unit De-
velopment plan as defined, processed and
approved aocording.to § 29-526.
(Ord. No. 111, 1991, § 4, 10-1-91; Ord. No. 68,
1992, § 9, 7-7-92)
Sec. 29-342.. Landscape requirements.
(a) Any use in the C-L District shall require that
a landscape plan complying with § 29-526(G)(4)(c)
shall be submitted to and approved by the Direc-
tor of Planning. The. Director of Planning shall
take action to approve or disapprove any such
plan utilizing Criteria 2.13 of § 29-526(D), Activ-
ity A, "All Development Criteria;" within fourteen
(14) days after the plan is submitted to the Direc-
tor of Planning. Appeals from the decision of the
Director of Planning may be taken by any party -
in -interest to the Planning and Zoning Board by
the filing of a notice of appeal. with the Director of
_Planning in accordance with the rules and proce-
dures established in H 2.48 and 2-49 of the Code.
In the event of such an appeal, the Planning and
Zoning Board shall conduct a new hearing on the
plan, and after the hearing, the plan shall either
be approved, disapproved or approved with condi-
tions. Any party -in -interest may further appeal
§ 29.350
the decision of the Planning and Zoning Board to
the City Council by the filing of a notice of appeal
with the City Clerk in accordance with the provi-
sions of Chapter 2, Article II, Division 3 of the
Code.
(b) No occupancy permit for any development in
the C-L District shall be issued unless all land-
scaping in the development has been installed in
accordan6e with an approved landscape plan for
such development. If such landscape installation
has not been completed, an occupancy permit may
be issued upon receipt by the Financial Officer of
a cash deposit, landscape bond, letter of credit or
other satisfactory guarantee in an amount equal
to the estimated cost of the landscaping improve-
ments to be installed. The amount of such guaran-
tee shall be sufficient to cover the cost. of the in- .
stallation of all landscaping which is shown on the
approved landscape plan and which has not yet
been installed. In the absence of an executed con-
tract to install such landscaping, landscape cost
estimates shall be determined by a city approved
appraisal. The cash deposit, bond, letter of credit
or other guarantee shall be released upon certifi-
cation by. the Building Permits and Inspection
Administrator that the required landscape instal-
lation has been completed.
(Ord. No. ll1,. 1991, § 4, 10-1-91; Ord. No. 176,
1993, § 2, 1-4-94)
Sec. 29-343. Site plan requirements.
Permitted uses listed in § 29-341 shall require
that a site plan, landscape plan, building eleva-
tions and. other supporting documentation comply-
ing with Article III, Division 4, Subdivision G of
this Chapter, shall be submitted to and approved
.by the Director of Planning.
(Ord. No. 111, 1991, § 4, 10-1-91)
Sec. 29-344. Planned Unit Developments.
Development of areas in the C-L District as a
Planned Unit Development plan as defined, pro-
cessed and approved according to § 29-526 may
vary the requirements of this Subdivision.
(Ord. No. 111, 1991, § 4, 10-1-91)
Sec.29-345-29-350. Reserved.
Supp. No. 28 2011
§_29.337 FORT COLLINS CODE
5) Single-family dwellings.
(3) Automobile sales.
(2 Accessory buildings and uses.
Boarding and rooming houses
(27) y. land, use located on a P anned Unit
(5) Banks, savings and loan and finance com
D elopment plan as defin , processed and . '_ "•
..
.ponies:
app ved according to § -526.
(Code 197 § 118-63(A); Or : No. 110,1991, § 5,
(6) Bus stations.
.1071-91; Or. No. 117, 19 , § 9, 11.5.91)
(7) Car washes.
Sec. 29-338. Hui area requirements.
(8) Churches.
The minimum to a in the B-G District shall
(9) Child-care centers.
be the equivale of o -half (5i) the total floor
(10) Fraternity and sorority houses.
area of the bui ing.
(Code 1972,. 18-63(B))
.
(11) Frozen food lockers.
(12) Furniture upholstering.
Sec. 2 9. Planned Unit De lopments.
(13) ..Group homes.
Dev opment of areas in the B. istrict as a
Plan ed Unit Development plan as fined, pro-
(14Y Indoor theaters.
ce d and approved according to § 29- 6 may
(15) Laundry and.dry-cleaning outlets whose
v the requirements of this Subdivision.
business consists primarily of serving
ode 1972, § 118-63(C))
re -
tail customers.
(16) Membership clubs. -
Subdivision Q. C-L Limited Commercial District
.��,
(17) Offices and clinics:
Sec. 29.340. Purpose.
(18) . Parking lots and parking garages.
The C-L Limited Commercial District designs-
(19) Personal service shops.
tion is to provide for areas for commercial uses,
automobile -oriented businesses which usually con-
tain outdoor display or storage of vehicles, and
(21) Plumbing, electrical and carpenter shops.
service uses, while still protecting surrounding
residential areas.
(22) Pri nting and newspaper offices.
(0rd. No. 111, 1991, § 4, 10.1.91)
(23) Private schools.
See..29.341. Uses permitted.
(24) Public utility installations.
The following uses shall be permitted in the
(25) Recreational uses.
C-L District, provided that any nonresidential use
(26) Restaurants (standard and fast-food).
shall be separated from abutting residential land
uses or residential zoning districts by a solid fence
(27) Residential uses (single-family and multi -
or wall at least six (6) feet in height, and further
family dwellings).
provided that any use shall comply with the land.
(28) Retail stores.
scape requirements set forth in § 29-342:
(1) Assembly, packaging or installation of
(29) Transportation depots.
gauges, electric or electronic instruments
(30) Veterinary hospitals.
and similar equipment and devices, with
(31) Warehouses and enclosed storage.
enclosed component storage.
(2) Auto repair.
(32) Accessory buildings and uses, provided that
outdoor storage areas shall also be screened
Supp. No. 17
2010"
iv
ZONING, ANNEXATION AND DEVELOPMENT OF LAND § 29.302 .
r
_.
while still protecting surrounding rest
. rmitted in the R-M Medium Den-
(1) �Y. use Pe
rvices
srty Residential District.
d tial areas.
- a 1972, § 118-60)
(2) printing and copying services whose busi-
_(Co
:
S�: -287. Uses permitted.
ness consists primarily of serving retail cus-
tourers.
✓The. permitted'in the B-P District as fol-
(3) Banks, savings and loan and finance comps-
lows:
nies. .
(1) Any permitted in the R-M edium Den.-
(4) Standard and fast food restaurants.
sity Rest ential District.
(2) Any land located o a Planned Unit
- (5). Indoor theaters.
Developmen plan as d ned, processed and
(6) Membership clubs.
approved a_ ing to 29-526.
(code 1972, § 118-6 (A))
(7) Offices and clinics.
-'Sec. 29-288. Bulk area requirements.
(8) Personal service shops.
The minimum are o lots, minimum width of
fron •nimum rear yard and
(9) Retail stores.
lots, minimum ard,
minimum side. ya requi ents in the B-P Dis-
(.10) Laundry and dry-cleaning retail outlets.
trict shall be th same as fled for the R-M
Medium Densi Residential 'trio.
(11) Limited indoor recreation uses, provided
(Code 1972, § 18.60(B))
(Code
that all such activities are conducted en -
within an enclosed structure.
Sec. 29-28 . Planned Unit D lopments.
(12) Small animal veterinary clinics.
Develo meat of areas in the B-P istrict as a.
Plann Unit Development plan as fined, Pro-
(13) Aquarium shops.
and . approved according to § 2 -526 may ..
the requirements of this Subdivision.
, (14) Public utility installations, excluding repair rC
a
de 1972, § 118-60(C))
and storage facilities.
29-290-29.300. Reserved.
(15) Accessory buildings and uses.
ec.
(16) Churches provided that such uses comply
Subdivision O. B-L Limited Business Distric .
with the lot area, front yard, rear yard, side
Sec.29.301. Purpose.
yard and offstreet parking minimum re-
as set forth in § 29-201 et seq.
The B-L Limited Business District designation is
for for neighborhood convenience centers.
quirements
(17) Shopping centers consisting of any of the
areas
(Code 1972, § 118 61)
above uses, subject to being shown on a
Unit Development plan as defined,
Sec. 29-302. Permitted uses.
Planned
processed and approved according to
526.
The following uses shall be permitted in the B-L
District, provided that any use shall be separated
(18) Child care centers.
from abutting residential zoning districts by a
at least six (6) feet in height,
(19) Any land use located on a Planned Unit De -
solid fence or wall.
further provided that . any use shall comply
and
velopment . plan as defined, processed.
and
with the landscape requirements set forth in § 29-
approved according to § 29-526.
110 1991, § 3,
304:
-61(A); Ord. No.
(Code 1972, § 118,
10-1-91; Ord. No. 117, 1991; § 8, 11-5-91)
- - ...... bons, § 29.593. -_ .....
*cross reference=Sign regulations.
-
,:2007
Supp. No. 28
ZONING, ANNEXATION ANDDEVELOPMENTOF LAND
(31). Any use permitted in the B-L Limited Busi- 29,137. Uses permitte . d.
ness District, not located in a: shopping cen-
ter, subject to the following requirements:general
ThXg business uses permitted in
c\include but are'
not limited to, the f
aThe yard and parking requirements of
the B-L Limited Business District shall I I M tomoblile repair, conducted ins
be applicable. but ding
b.- The landscape requirements of the B-L (2) Ban s, savings and loan and fin
Limited Business District shall - be 1: :1. -
§ 29-337
of a
com-
app i panie
cable.
(3) :Chiirc es.
(4) Accessory buildings and uses.
.10 Helipo
e
irc es-
ipo\
(5) Any. land'use -located on a PlannedIs
Unit (5) Hotels an motels.
Development plan as defined, processed and
)o t
.:.,�6) Indoor -the era
approved according to § 29-526.
(Code 1972, § 118-62W)
_.,(7) Membership. lubs.
(8) Multifamily
Sec.: 29-323. Bulk and area requirements. ellings.
(9) Offices and clinics.
The minimum lot area in the H-B District shall
be the equivalent of one-half (1h) of the total floor (10) Parking lots and\ ar ing garages.
area of the building. The minimum lot width shall (11) Parks and playgro ds.
be seventy -rive (75) feet. The minimum yard depth
shall be fifteen (15) feet from streets and alleys. ..(12) Personal service ops.
(Code 1972, § 118-62(B)—(D)) (13) Printing And ne spa�er offices.
See. 29-324. Planned Unit Developments. Recreation us
(15) Standard an fast food estaurants; bars.
Development of areas in the H-B District as a 1 (16) Retail.s . tore
Planned Unit Development plan as defined, pro-
cessed and approved according to § 29.526 may (17) Public uti ty installation , excluding re -
vary the requirements of this Subdivision. - pair and s orage facilities.
(Code 1972, § 118.62(E))
(118.) Laundry d dry-cleaning r tail outlets.
Secs. 29-325-29-335. Reserved. (19) Public d private vocational acid technical
schools
divisio n P.I. B-G General Business ct* (20) Shop ng centers consisting of y of the
abov uses, subject to being sh wn on a
Sec. 2 Purpose. Plan ed Unit Development plan defined
pro ssed and approved according § 29.
The B-G Caen a siness District designation 52
is for ntown busines tricts. (21) Fr ternity and sorority houses.
(Gdae 1972, § 118-63)
...(22) 11-line pet shops not containing facili 'es,
or boarding animals.
(23) Small animal veterinary clinics.
OCross reference —Sign regulations, 4 29-593. (21 Group homes.
Supp. No. 17
2009, :'
29.303 FORT COLLINS, CODE
Sec. 29-303. Bulk and area requirements.
C-
_'-The minimum lot area in the B-L District sh 1
be two -(2) times the total floor area of the b ' d-
ng..Minimum lot width.shall be seventy-five 5)
eet. Minimum, yard depth shall be twenty 0)
t from, an alley or zoning district line.
bode 1972, § 118-61(B)-0; Ord. No. 3, 1
7, 1-19-88)
S 29-304. Landscape requirements
(a) y use in the B-L District shall uire that
a Ian pe plan complying with § 29-5 6(G)(4)(c)
shall submitted to and approved: b the Direc-
tor of anning. The Director of PI nning shall
take acti n to approve or. disapp a any such
I utiliz g Criteria 2.13 of § 29 26(D), A:ctiv-
ity A, "All velopment Criteria," 'thin fourteen
(14) days the plan is submit to the Direc-
tor of Plannin . Appeals from tdecision of the
Director of PI' ning may be taken by any party-
-.•in -interest to t1{ Planning an Zoning Board by
the filing of a not of appeal/with the Director of
Planning in aceo ee with es and procedures
.-:.established in H 2and 2-49 of the Code. In the
event of such an ap t)e Planning and Zoning
Board shall conduct 9 ew hearing on the Plan,
and after the hearing, Plan shall either be ap-
proved, disapproved or roved with conditions.
Any party -in -interest mapirrther appeal the deci-
siob of the Planning d ing Board. to the City
Council by the filing f a nonce of appeal with the
City- Clerk in accordance wi the provisions of
Chapter 2, Article II, Division 3pf the Code.
. (b) No occupancy permit for ankdevelopment is
the B-L District shall be issued upless all land-
scaping in the development has be' installed in
accordance with an approved laa plan for
such develo went. If such landscape tallation
has not bee completed, an occupancy 't may
be issued pon receipt.by the Financial cer of
a cash de sit, landscape bond, letter of 't or
other tisfactory guarantee, in an amount ual
to the s imated cost of the landscaping imp ve-
men 'to be installed. The amount of such gua n-
tee all be sufficient to cover the cost of the i -
s ation of all landscaping which is shown on the
PProved landscape plan and which has ot. yet .
n installed. In the absence of an ex ted con.
t .. to install such landscaping, 1 pe Bost
estima shall be determined by city approved
app .• The cash deposit, •bo letter of credit
or other tee shall be eased upon ce,4;a
cation by th Buildinf
.Administrator at the
lation has been co le
(Code 1972,
10-1-91; Ord. No. 6,
Sec.29-305. Vaned
r-
and Inspections
landscape instal.
Ord. No. 110, 1991, § 1,
i3, § 1, 14-94)
kt Developments.
Developm t of areas in the L District as a
Planned nit Development plan defined, pro-
cessed d approved according to 29-526 may.,
vary a requirements of this Subdivisio .
( e 1972, § 118-61(F)
ecs.29-306-29420. Reserved,
ISubdivision P. H-B Highway Business Ilfstriet'
Sea 29-321. Purpose -
The ,H-B Highway Business District is for
automobile -oriented businesses.
Code 1972, § 118-62j
Sec. 29-322. Uses permitted.
The following uses shall be permitted in the H-B
District, provided that any use permitted in this
district shall be separated from abutting residen-
tial zoning districts by a fence or a hedge at least
six (6) feet in height which effectively screens the
view on a year-round basis, and all uses shall pro-
vide adequate fencing to control blowing debris:
(1) Any uses permitted in the R-M Medium Den-
sity. Residential District, provided that any
such use complies with all of the use re-
quirements of such district, except that the
minimum area of lot provision of this distric,
shall be applicable.
(2) Public utility installations, excluding rep.
• .and storage facilities.
2. If the annexation of the Property, or any portion
thereof, is challenged by any proceeding or action (including a
referendum), all provisions of this Agreement, together with the
duties and obligations of each party, including payment of all
taxes, fees and charges of any kind or nature, directly or
indirectly imposed by the City and enforcement of all City
ordinances on the Property shall be suspended, immediately upon
filing of the referendum, pending the outcome of the referendum
election. If the challenge results in disconnection of all or any
portion of the Property from the City, then this Agreement and all
provisions contained herein shall be null and void ab initio and
have no further effect. If the challenge fails, then Owner and the
City shall continue to be bound by all the terms and conditions of
this Agreement. The period -of suspension of this Agreement shall
end on the date the annexation ordinance is no longer subject to
further legal challenge. Upon such disconnection, the City shall
have no further obligations or responsibilities as to such
disconnected property, and the Owner shall have no further
obligation to the City.
3. The Property is currently served for water and sanitary
sewer improvements through the Fort Collins/Loveland Water District
and the South Fort Collins Sanitation District, and it shall not be
necessary for the City to serve the Property. The Property is
served by the Owner for electric. service, and the duty and
obligation for electric service shall remain with the Owner until -
the Property is sold by the Owner to a third party, at which time
the Agreement between the City and the Owner regarding provision
for electric service shall become effective. The Owner has storm
drainage improvements in place that provide effective drainage for
the Property; and no further storm drainage improvements on other
property shall be required. The City will accept ownership of any
storm drainage facilities on the Property. The Property has
certain raw water rights that the City agrees the Owner may
continue to be used for irrigation of the Property. If the Owner
desires to transfer such raw water rights to the City in exchange
for, any requirement for contribution of raw water rights of the
City, the City agrees to accept such rights, and then allow the
Owner to use such rights for irrigation. No off site improvements
shall be required by the City for development of the Property since
all such improvements are in place.
4. In the event any ordinance becomes effective in the City
within twenty years after the effective date of the annexation
ordinance, and such ordinance alters and limits any Owner's right
to use the Property as contemplated by this Agreement, then the
City, upon the written request of Owner, will proceed to take all
necessary action to immediately disconnect of the Property from
the City's boundaries, and the Property may not be annexed
subsequently except by voluntary petition by the Owner.
5. Except as set forth in this Agreement, the Property
shall be subject to the police power and legislative authority of
the City, after final annexation of the Property.
2
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 Northeast Quarter of Section 2, Township 6 North, Range
69 West of the 6th P.M., Larimer County, Colorado, which considering the East line
of the Northeast Quarter of said Section 2 as bearing S 000 37' 58" W and with all
bearings contained herein relative thereto, is contained within the boundary lines which
begin at the Northeast corner of said Section 2 and run thence S 000 37' 58" W
995.83 feet, and again N 890 01' 01" W 49.51 feet to•the true point of beginning;
thence S 000 35' 38" W 450.00 feet; thence N 890 01' 02" W 909.52 feet; thence
N 000 43' 58" E 450.00 feet; thence S 890 01' 01" E 908.43 feet to the point of
beginning.
Containing 9.3901 acres more or less.
M
LEGAL DESCRIPTION OF REAL PROPERTY
INCLUDED IN THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado to -wit:
Please see attached.
Owner's Signature
Address
City
Date
State Zip
1141
POUDRE VALLEY RURAL ELECTRICAL
ASSOCIATION, INC.
Owner's Sign ure
7649 REA PARKWAY
Address
FORT COLLINS, CO 80528
City State Zip
SEPTEMBER 18, 1996
Date
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 REA Annexation to the City of Fort Collins.
Said area, consisting of approximately 9.39 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;
and/or as provided in the attached Annexation Agreement.
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 CL - Limited Commercial Zoning District pursuant to Chapter 29 (Zoning) of the
Code of the City of Fort Collins.
POUDRE VALLEY RURAL ELECTRIC ASSOCIA1W -
Mayor Azari _._
Page Two
December 24, 1996
If the City is willing to suggest a resolution that it believes
complies with the Petition and the Agreement, please contact Mr.
Ronald Carey, General Manager, Poudre Valley Rural Electric
Association, Inc., P.O. Box 272550, Fort Collins, CO 80527-2550,
or by fax 226-2123, on or before January 3, 1997.
Barring resolution -to these issues, we must now proceed with
development of the Property in accordance with the development
and zoning rights available to us in Larimer County.
sincerely,
/ &'r� //,Norman Lnson, President
Board of Directors
Enclosure
NLJ/mrf
V
POUDRE VALLEY RURAL
ELECTRIC ASSOCIATION, INC.
7649 REA PARKWAY - P.O. BOX 272550
FORT COLLINS, COLORADO 80527-2550
December 24, 1996
Ms. Ann Azari
Mayor
City of Fort Collins
POB 580
Ft. Collins, CO 80522
Poudre •
Valley_J
FORT COLLINS - (970) 226-1234
FAX NO. - (970) 226-2123
1-800-432-1012
► IEC 2 61996
1+1I Y iviry,b,ti
Re: Proposed Voluntary Annexation and Rezoning of
4809 South College Avenue by Poudre Valley Rural
Electric Association, Inc.
Dear Mayor Azari:
Poudre Valley Rural Electric Association, Inc. (Owner)
voluntarily tendered to the City of Fort Collins, Colorado (City)
a Petition for Annexation (REA Annexation) and a request that the
property be placed in the C-L Limited Commercial Zoning District.
Along with the Petition, the Owner tendered an Annexation
Agreement (Agreement), describing specific conditions with regard
to the REA Annexation, the use of the Property and to provide for
the zoning of the Property. The requested C-L Limited Commercial
zoning is the City's zoning district most equivalent to that
which the owner currently enjoys in Larimer County and is,
therefore, a reasonable request to make of the City.
I understand that on December 17, 1996, the City Council passed
on first reading ordinances that would annex and zone the
Property under the City's current H-B Highway Business Zoning
District with a Planned Unit Development (PUD) Condition. Such
action by the City is in conflict with both the Petition and the
Agreement as adopted by the City in Ordinance No. 162, 1996 (with
direction to delete paragraph 4 of the Agreement as agreed to by
the Owner). (See attached Petition and Agreement.)
It is our, position that the action taken by the City, is non-
responsive to the question presented to them by the Petition, and
the Agreement, and represents a denial of both.
The Owner believes that the City cannot proceed with the second
reading of Ordinance No(s). 162, 1996 and 163, 1996, unless --or
until --agreement can be reached between the Owner and the City on
these issues. Absent an agreement between the Owner and the
City, the City must postpone additional actions in conflict with
the Petition and the Agreement.
AN EOUAL OPPORTUNITY EMPLOYER
Annexation Petition
The annexation petition requested that the property be placed in the Limited
Commercial (CL) zoning district. Both staff and the Planning and Zoning Board
recommended that the property be zoned Highway Business (HB) with a PUD condition
(see attached copies of the zoning districts). While you will note that automobile sales
is a permitted use in the CL zoning district but is not listed in the HB zoning district, our
suggestion to zone the property HB with a PUD condition is based on the following:
• The CL zoning district was written specifically to implement the East Side
Neighborhood Plan and only applies to properties along the south side of
Riverside Avenue;
• Other commercial properties adjoining the REA site are zoned HB with a
PUD condition;
• The location of the property along a state highway and proposed auto
related uses meets the intent of the HB zoning district; and,
• The PUD process requires a higher level of public review than the CL
zoning district which is appropriate for an auto sales facility.
While it is accurate to portray the Council's zoning decision at first reading as being
contrary to the annexation petition, it is certainly within the authority of the Council to
place the property in a district other that what was requested.
As always, Council can reconsider it's zoning decision at first reading and place the
property in the CL zoning district.
Annexation Agreement
Council voted to accept the proposed annexation agreement with the deletion of
paragraph four which contained a "disconnect" clause. Again, this was consistent with
both the staff recommendation as well as the Planning and Zoning Board's. Mr.
Johnson's contention that zoning of the property Highway Business is in conflict with
the annexation agreement is inaccurate. The agreement does not take effect until
Council approves it at second reading and the Mayor signs it.
Staff will be available at Tuesday's Council meeting to answer any questions on this
item. If any of you would like additional information prior to Tuesday, please contact
me.
cc: Greg Byrne, CPES Director
Steve Olt, City Planner
Commu...ty Planning and Environmental ...rvices
Current Planning
City of Fort Collins
TO: Mayor and City Council Members
John Fischbach,
City
D Manager
FROM: Bob Blanchard
Current Planning Director
DATE: January 2, 1997
SUBJECT: REA Annexation and Zoning
ISSUE:
Attached December 24, 1996 letter from Poudre Valley Rural Electric Association, Inc.
regarding the January 7, 1996 Council item regarding the annexation and zoning of
their property.
COUNCIL ACTION REQUESTED:
None. This memorandum is for information only prior to the second reading of
Ordinances 162, 1996 and 163, 1996.
BRIEF DESCRIPTION OF ISSUES:
Norman L. Johnson, president of the Board of Directors of the Poudre Valley Rural
Electric Association, contends that Council's action on first reading that annexed the
REA property and placed it into the Highway Business (HB) zoning district (the
applicant requested the Limited Commercial, [CL] zoning district) represents both a
denial of the annexation petition and the proposed annexation agreement. He also
contends that the City cannot proceed with second reading of the ordinances until
agreement can be reached between the City and the property owners regarding the
zoning and the annexation agreement.
BACKGROUND:
Early last week, we received a copy of the attached letter from the Poudre Valley Rural
Electric Association. As noted, it made certain assertions regarding the City's authority
to proceed with second reading of the ordinances annexation the property and placing it
in the Highway Business (HB) zoning district. Since Council agreed with both the staff
and Planning and Zoning Board position regarding this issue, I thought it would be
appropriate to respond to this memorandum.
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