HomeMy WebLinkAboutREA ANNEXATION AND ZONING 12/17/96 CITY COUNCIL HEARING - 64 93C - REPORTS - FIRST READINGZONING, 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 according to § 29-526.
(Ord. No. ill, 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 §§ 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
accordance 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. 111, 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
:ot
f,
§ 29-337
FORT COLLINS CODE
(25) Single-family dwellings.
(26) Accessory buildings and uses.
(27) Any land use located on a Planned Unit
Development plan as defined, processed and
approved according to § 29-526.
(Code 1972, § 118-63(A); Ord. No. 110, 1991, § 5,
10-1-91; Ord. No. 117, 1991, § 9, 11-5-91)
Sec. 29-338. Bulk and area requirements.
The minimum lot area in the B-G District shall
be the equivalent of one-half (%) the total floor
area of the building.
(Code 1972, § 118-63(B))
(3) Automobile sales.
(4) Boarding and rooming houses.
(5) Banks, "savings and loan and finance com-
panies.
(6) Bus stations.
(7) Car washes.
(8) Churches.
(9) Child-care centers.
(10) Fraternity and sorority houses.
(11) Frozen food lockers.
(12) Furniture upholstering.
Sec. 29-339. Planned Unit Developments. (13)
Development of areas in the B-G District as a (14)
Planned Unit Development plan as defined, pro- (15)
-cessed and approved according to § 29-526 may
vary the requirements of this Subdivision.
(Code 1972, § 118-63(C))
Subdivision Q. C-L Limited Commercial District
Sec. 29-340. Purpose.
The C-L Limited Commercial District designa-
tion is to provide for areas for commercial uses,
automobile -oriented businesses which usually con-
tain outdoor display or storage of vehicles, and
service uses, while still protecting surrounding
residential areas.
(Ord. No. 111, 1991, § 4, 10-1-91)
Sec. 29.341. Uses permitted.
The following uses shall be permitted in the
C-L District, provided that any nonresidential use
shall be separated from abutting residential land
uses or residential zoning districts by a solid fence
or wall at least six (6) feet in height, and further
provided that any use shall comply with the land-
scape requirements set forth in § 29-342:
(1) Assembly, packaging or installation of
gauges, electric or electronic instruments
and similar equipment and devices, with
enclosed component storage.
(2) Auto repair.
Supp. No.17
Group homes.
Indoor theaters.
Laundry and, dry-cleaning- outlets whose _
business consists primarily of serving re-
tail customers.
(16) Membership clubs.
(17) Offices and clinics.
(18) Parking lots and parking garages.
(19) Personal service shops.
(20) Pet shops (full line).
(21) Plumbing, electrical and carpenter shops.
(22) Printing and newspaper offices.
(23) Private schools.
(24) Public utility installations.
(25) Recreational uses.
(26) Restaurants (standard and fast-food).
(27) Residential uses (single-family and multi-
family dwellings).
(28) Retail stores.
(29) Transportation depots.
(30) Veterinary hospitals.
(31) Warehouses and enclosed storage.
(32) Accessory buildings and uses, provided that
outdoor storage areas shall also be screened
2010
i ZONING, ANNEXATION AND DEVELOPMENT OF LAND § 29-337
(3) Any use permitted in the B-L Limited Busi-
ness District, not located in a shopping cen-
ter, subject to the following requirements:
a. The yard and parking requirements of
the B-L Limited Business District shall
be applicable.
b. The landscape requirements of the B-L
Limited Business District shall be appli-
cable.
(4) Accessory buildings and uses.
(5) Any land use located on a Planned Unit
Development plan as defined, processed and
approved according to § 29-526.
(Code 1972, § 118-62(A))
Sec. 29337. Uses permitted.
The general business uses permitted in the B-G
District, include but are not limited to, the following:
(1) Automobile repair, conducted inside of a
building.
(2) Banks, savings and loan and finance com-
panies.
(3) Churches.
(4) Heliports.
(5) Hotels and motels.
(6) Indoor theaters.
(7) Membership clubs.
(8) Multifamily dwellings.
Sec. 29-323. Bulk and area requirements.
(9) Offices and clinics.
The minimum lot area in the H-B District shall (10) Parking lots and parking garages.
be the equivalent of one-half W of the total floor
area of the building. The minimum lot width shall (11) Parks and playgrounds.
be seventy-five (75) feet. The minimum yard depth (12) Personal service shops.
shall be fifteen (15) feet from streets and alleys.
(Code 1972, § 118-62(B)—(D)) (13) Printing and newspaper offices.
(14) Recreation uses.
Sec. 29-324. Planned Unit Developments.
Development of areas in the H-B District as a
Planned Unit Development plan as defined, pro-
cessed and approved according to § 29-526 may
vary the requirements of this Subdivision.
(Code 1972, § 118-62(E))
Secs. 29325-29-335. Reserved.
Subdivision P.1. B-G General Business District"
Sec. 29336. Purpose.
The B-G General Business District designation
is for downtown business districts.
(Code 1972, § 118-63)
'Cross reference —Sign regulations, § 29-593.
Supp. No.17
(15) Standard and fast food restaurants; bars.
(16) Retail stores.
(17) Public utility installations, excluding re-
pair and storage facilities.
(18) Laundry and dry-cleaning retail outlets.
(19) Public and private vocational and technical
schools.
(20) Shopping centers consisting of any of the
above uses, subject to being shown on a
Planned Unit Development plan as defined
processed and approved according to § 29-
526.
(21) Fraternity and sorority houses.
(22) Full -line pet shops not containing facilities
for boarding animals.
(23) Small animal veterinary clinics.
(24) Group homes.
2009
ZONING, ANNEXATION AND DEVELOPMENT OF LAND § 29-322
u
such expansion(s), or more than one thousand
(1,000) square feet of gross floor area (whichever
is less), shall require design review of permitted
uses as set forth in § 29-520 et seq.
(Ord. No. 168, 1995, § 4, 1-2-96)
Secs.29-319-29-320. Reserved.
Subdiuiaion P. H-B Highway Buain.ess Diatrict"
Sec. 29-321. Purpose.
The H-B Highway Business District is for
automobile -oriented businesses.
Code 1972, § 118-62)
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 district
shall be applicable.
(2) Public utility installations, excluding repair
and storage facilities.
*Cross reference —sign regulations, § 29-593.
Supp. No. 38 2008.3 [The next page is 20091
V. Other Considerations
In reading the County Rezoning Ordinance (1969) which placed the property under the B,
Business and C, Commercial zones, it is clear the County was trying to limit uses on the front
one-third to a less intense character. The County knew that R.E.A. was proposing an office with
outdoor equipment storage and wanted to limit the outside storage to the rear of the office. The
R.E.A. project complies with County zoning in that the office is located in the B, Business zone,
and the outdoor storage is located in the C, Commercial zone. My reading of the County
Ordinance is that the two zones were established to protect Fairway Estates (County
subdivision), located on the east side of College Avenue. This was done in 1969.
An interesting note, located between R.E.A. and Fairway Estates is a strip of land on the east side
of College Avenue, served by a frontage road, zoned B-L, Limited Business in the City. This
strip is now filled in with low intensity offices that help buffer Fairway Estates from College
Avenue (State Farm, Jensen Homes, etc.).
In reviewing the citizen input from the proposed 1993-1994 annexation/zoning and Preliminary
P.U.D., there is a clear expectation from the Fairway Estates folks that this property carries a
special burden to be a low intensity use. A car dealership is considered more intense and would
likely be strongly opposed. As with the 1993-1994 proposal, there would need to be special
consideration for mitigating the amount of hard surface associated with car dealerships. Site
design elements such as setbacks, landscaping, berming, illumination, signage, and access would
have to upgraded so that the use performs in a high quality manner.
complying with the L.D.G.S. As a permitted use in the C-L zone, there would be no public
review process.
As an alternative, a P.U.D. may be submitted in the C-L zone. This would provide for a public
process with final authority by the Planning and Zoning Board.
Under C-L zoning, the Planning Director must take action to approve or disapprove any
submittal within 14 days. The Code is silent as to whether or not the Planning Director may refer
the item to the Planning and Zoning Board. Appeals from the decision of the Planning Director,
however, may be taken by any party -in -interest to the Planning and Zoning Board in accordance
with the Appeal section of the Code.
III. Big Box Retail in the County
The Business zone in the County specifically states under "Uses Permitted:"
"Places for the conduct of any restricted retail business not of a commercial,
manufacturing or industrial nature."
"Automobile parking areas."
Big box retail would not be allowed in the B, Business zone. The B, Business zone, however
contains a provision that a C, Commercial, use may extend into a B, Business zone by 50 feet as
long as the property is under one ownership. Under this allowance, 50 feet of a big box store
could encroach into the B, Business zone.
Parking for a big box retailer would be permitted under the B, Business, zone as an "automobile
parking area."
Therefore, under existing County zoning, a big box retailer could develop as a use -by -right
without triggering the Intergovernmental Agreement and, therefore, annexation.
IV. Big Box Retail Using the Adjacent Property for Parking
One of the proposals floating around is to use a portion of the adjacent property on the south for
parking. This property is currently a landscape nursery which is leasing the property from Paul
Hefron. This adjacent property is zoned T, Tourist. In the T, Tourist zone, "automobile parking
areas" are allowed as a Use Permitted By Special Review.
If the adjacent property were used for parking, this would trigger a Special Review which, in
turn, triggers the Intergovernmental Agreement which allows the City to annex the property.
MEMORANDUM
TO: John Fischbach, City Manager
THRU: Greg Byrne, Director, C.P.E.S.
Bob Blanchard, Director, Current Planning
FROM: Ted Shepard, Senior Planner
DATE: August 14, 1996
RE: Poudre Valley R.E.A. Annexation/Future Development
The purpose of this memo is to respond to questions regarding the potential re -development of
the Poudre Valley R.E.A property located at 4809 South College Avenue.
Poudre Valley R.E.A. occupies 9.5 acres west of College Avenue, south of Arbor Plaza
Shopping Center (Wal-Mart). R.E.A. is in the process of moving to Windsor and desires to sell
their property. The parcel is in the County and zoned- B, Business on the front one-third (about
300 feet of lot depth), and C, Commercial on the back two-thirds.
I. County Zoning:
Business Zone
The County's Business zone is for most retail, office, and service uses. For example, permitted
uses include banks, drug stores, offices, personal service shops, restricted retail, bookstores,
florist sales, gift shops, hardware and paint stores, shoe repair stores, sporting good stores, t.v.
and radio repair and sales, variety stores, automobile parking areas, gasoline service stations
grocery stores, car washes, and riding stables.
This zone does not allow auto sales. It is more restrictive than the Commercial zone.
2. Commercial Zone
Auto sales are a permitted use in the Commercial zone. This is a more permissive zone for more
intense commercial activities.
H. City Zoning - C-L - Limited Commercial
One of.the potential City zones would be the C-L, Limited Commercial zone. This zone allows
automobile sales as a use -by -right. As a permitted use, an application must be made to the
Planning Director which includes a Site Plan, Landscape Plan and Architectural Elevations
6. The parties agree that this Agreement shall be
specifically enforceable by a court of competent jurisdiction. In
the event of a breach of any provision of this Agreement, the
nonbreaching party may ask a court of competent jurisdiction to
enter a writ of mandamus, temporary or permanent restraining
orders, temporary or permanent injunctions, or orders of specific
performance to compel the breaching party to perform its duties
under this Agreement and to grant such other relief as may be
accorded by law, it being the intent of this provision to
supplement the general or common law of remedies.
7. The parties agree to sign any further documents
reasonably required by the Owner or the City to carry out the terms
of this Agreement.
8. This Agreement and any amendments to this Agreement shall
be recorded with the Larimer County Clerk and Recorder and shall be
binding upon and inure to the benefit of the transferees,
successors, and assigns of the Owner. Upon conveyance of .all or any
portion of the Property by the Owner, the successor in interest
shall be substituted for the Owner under this Agreement; and. the
former Owner shall be released from all duties and liability under
this Agreement.
9. This Agreement shall be null and void if the City fails
to approve the annexation of the Property on or before January 15,
1997 . This Agreement shall constitute a covenant running with the
title to the Property.
10. This Agreement represents the entire Agreement between
the parties. Any amendments to this Agreement to be effective shall
be in writing.
IN WITNESS WHEREOF, the parties hereto have executed this
Annexation Agreement the day and year first written above.
CITY OF FORT COLLINS, COLORADO
By:
Mayor
ATTEST:
City Clerk
POUDRE VALLEY RURAL ELECTRIC
ASSOCIATION, INC.
By: �OG.,.�/
Its:
C:\OFFICE\PVREA\ANNEXFTC.ASC
September 18, 1996
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
THIS ANNEXATION AGREEMENT is made and entered into this 18th
day of September 1996, between the CITY OF FORT COLLINS,
COLORADO, a Colorado municipal corporation, hereinafter referred to
as the "City" and POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC.,
a Colorado corporation, hereinafter referred to as the "Owner."
RECITALS:
The following recitals are a material part of this.
Annexation Agreement (the "Agreement").
A. Owner is the owner of property more fully described on
Exhibit A attached hereto and incorporated herein by reference (the
"Property").
B. Owner has determined that it is desirable for the future,
development of the Property to annex the Property into the City and
has, contemporaneously with the effectiveness of this Agreement,
filed a Petition to annex the Property (the "Petition") to, the
City; and the Petition is on file with the City Clerk. ,
C. The City desires to approve and accept the Petition for
Annexation and to annex the Property to the City.
D. The Owner and the City desire to establish conditions
with regard to the use of the Property and to provide for zoning of
the Property and certain requirements for the subsequent
development of the Property.
E. The Owner and the City desire to establish conditions
with regard to this annexation and the use of the Property and to
provide for the zoning of the Property in accordance with Colorado
law and to establish certain requirements for the subsequent
development of the Property.
NOW, THEREFORE, the parties agree as follows:
1. The Owner has, contemporaneously with the effectiveness
of this Agreement, petitioned for annexation of .the Property to the
City upon the expectation and agreement of the City that the City
will zone the Property in the City's C-L zone without a PUD
condition. Pursuant to §31-12-115, C.R.S., the Property shall be
zoned within thirty days of the effective date of the annexation
ordinance as provided in the Agreement. If zoning in the City's C-
L zoning classification is not finally approved by appropriate
ordinance within thirty days after the date that the annexation
ordinance and is no longer subject to further legal challenge, the
City will upon the request of any Owner proceed to enact an
ordinance disconnecting the Property from the City. Upon such
disconnection, the City shall have no further obligations or
responsibilities as to the Property; and the Owner shall have no
further obligations or responsibilities to the City.
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 001 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.
-5-
ATTORNEY CERTIFICATION
I, RANDOLPH W. STARR 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
SEPTEMBER 18, 1996
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:
Please see attached.
Owner's Signature
Address
City
Date
C
State Zip
-3-
POUDRE VALLEY RURAL ELECTRICAL
ASSOCIATION, INC.
Owner's Sign ure�1�
7649 REA PARKWAY
Address
FORT COLLINS, CO 80528
City
SEPTEMBER 18, 1996
Date
State Zip
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.
Circulator's
Subscribed and sworn to before me this day of jz6z-;;t4-C, ,
1996, by 2&&4L 6r).. dQ,4A,
Witness my hand and official seal.
My Commission expires: M,
G
Notary Pdblie
-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 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:
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.
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VICINITY MAP
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#64-9-3C
10/01/96
Annexation/Zoning
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No Text
REA Annexation and& Zoning - #47-95,A
November 25, 1996 P & Z Meeting
Page 5
Staff is recommending that this property be excluded from the Residential Neighborhood
Sign District, which was established for the purpose of regulating signs for non-residential
uses in certain geographical areas of the City which may be particularly affected by such
signs because of their predominantly residential use and character. Properties along South
College Avenue have been excluded from the District, since this area is a
community/regional shopping and business service uses corridor that is not planned to
provide neighborhood -oriented land uses. A map amendment would be necessary to place
this property on the Residential Neighborhood Sign District Map.
Findings:
1. 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 the eligibility requirements included in State law to qualify for a
voluntary annexation to the City of Fort Collins.
3. On November 5, 1996, the City Council considered and approved a resolution
determining that the proposed annexation process for this property by establishing
the date, time, and place when a public hearing will be held regarding the readings
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 the City
Council on December 17, 1996.
4. The HB Zoning District is appropriate for this site based on adjacent zoning and the
location fronting on South College Avenue.
5. A PUD condition will ensure staff and public review of any subsequent development
proposal.
STAFF RECOMMENDATION:
Staff recommends approval of the annexation and recommends that the property be
placed in the HB - Highway Business Zoning District with a PUD condition.
Staff is recommending that this property be excluded from the Residential Neighborhood
Sign District. A map amendment will be necessary to place this property on the Residential
Neighborhood Sign District Map.
REA Annexation and& Zoning - #47-95,A
November 25, 1996 P & Z Meeting
Page 4
4. Attaching a PUD condition to the zoning district.
5. Requiring an annexation agreement between the applicant and the City.
6. Imposing zoning conditions.
The applicant has submitted an Annexation Agreement with the Petition that includes a
disconnection clause stating that:
"The Owner has, contemporaneously with the effectiveness of this Agreement,
petitioned for annexation of the Property to the City upon the expectation and
agreement of the City that the City will zone the Property in the City's C-L zone
without a PUD condition. Pursuant to Section 31-12-115, C.R.S., the Property shall
be zoned within thirty days of the effective date of the annexation ordinance as
provided in the Agreement. If zoning in the City's C-L zoning classification is not
finally approved by the appropriate ordinance within thirty days after the date that
the annexation ordinance (sic: is effective) and is no longer subject to further legal
challenge, the City will upon the request of any Owner proceed to enact an
ordinance disconnecting the Property from the City. Upon such disconnection, the
City shall have no further obligations or responsibilities as to the Property; and the
Owner shall have no further obligations or responsibilities to the City."
A copy of the Annexation Agreement is attached to the staff report. The Planning and
Zoning Board may consider the disconnection clause and make a recommendation to City
Council on it if they determine it to be appropriate.
Staff believes that the CL - Limited Commercial Zoning District was adopted by City
Council in 1991 to specifically address issues at that time related to the existing and
proposed land uses in the Riverside Avenue corridor. In fact, this is the only area in the
City where CL zoning currently exists. Properties surrounding the subject property on
South College Avenue are in the hb - Highway Business, BL - Limited Business, and by -
Planned Business Zoning Districts and the placement of this property in the CL District
could be considered to be "spot zoning". Staff is recommending that the property be placed
in the HB - Highway Business Zoning District with a PUD condition attached. It is staffs
opinion that even though automobile sales is not expressly permitted in the HB Zoning
District, it meets the intent of the District by being an automobile -oriented business. The
PUD condition could allow automobile sales and provide for adequate staff and public
review of any development submittal. Regardless of the proposed land use, the HB Zoning
District with a PUD condition is most appropriate in this location based on adjacent zoning
to the north and its location along South College Avenue.
REA Annexation and& Zoning - #47-95,A
November 25, 1996 P & Z Meeting
Page 3
The surrounding zoning and land uses are as follows:
N: hb; existing shopping center (Arbor Plaza PUD)
E: BL; existing various business and commercial uses
S: T-Tourist in Larimer County; existing business (Fossil Creek Nursery)
W: FA -Farming in Larimer County
Analysis:
The requested zoning for this annexation is the CL - Limited Commercial Zoning District.
The expressed purpose of this request is to develop an automobile sales business for the
Spradley-Barr dealership that currently operates at the southwest comer of South College
Avenue and Drake Road. Automobile sales is a permitted "use -by -right" in this District.
There are numerous other uses permitted in the CL District.
As a permitted use in the CL Zoning District, an application must be made to the Director
of Planning which includes a Site Plan, Landscape Plan, and Architectural Elevations
complying with the Land Development Guidance System (LDGS). Also, as a permitted use
in the District, there would be no public review process. The Director shall hold an
administrative review hearing to consider proposals filed which qualify for design review
of permitted uses. Written notice of such administrative review hearing shall be givento
owners of record of all real property within a minimum of 500' of the subject property. City
Code permits the Planning Director to refer the item to the Planning and Zoning Board if
the Director determines that the proposal raises -issues that require further public hearing
and discussion, or if any party -in -interest requests such referral. Appeals on the decision
of the Director of Planning may be taken by any party -in -interest to the Board in
accordance. with the Appeal section of the Code.
As an alternative, a PUD may be submitted in the CL Zoning District. This would provide.
for a public process, with the final authority by the Planning and Zoning Board. However,
the applicant is requesting the CL Zoning District with no conditions attached. The options
for recommending a zoning designation with the annexation are:
Granting the zoning district as requested by the applicant (CL - Limited
Commercial with no conditions).
2. Granting the zoning district as recommended by staff (HB - Highway
Business with a PUD condition).
3. Granting any one of the other zoning districts that are available in the City of
Fort Collins Zoning Ordinance.
REA Annexation and& Zoning - #47-95,A
November 25, 1996 P & Z Meeting
Page 2
The property is developed, having been the headquarters for Poudre Valley REA for many
years, and it is in the Business and Commercial Zoning Districts in Larimer County. This
is a 100% voluntary annexation.
Staff is recommending that the property be placed in the HB - Highway Business Zoning
District with a PUD condition.
Background:
The applicant, Spradley-Barr, c/o Cityscape Urban Design, Inc, on behalf of the property
owners, Poudre Valley REA, has submitted a written petition requesting annexation of 9.39
acres located on the west side of South College Avenue, south of Harmony Road and the
Arbor Plaza Shopping Center, and north of Fossil Creek Nursery. The Burlington Northern
Railroad is adjacent along the west property line. This is a 100% voluntary annexation.
The property is currently developed, having been the headquarters for Poudre Valley REA
for many years, and is zoned B - Business (on the front 1/3, about 300' of lot depth) and
C - Commercial (on the back 2/3) in Larimer County. The County's Business zone is for
most retail, office, and service uses. This zone does not allow automobile sales and is
more restrictive than the Commercial zone. Automobile sales are a permitted use in the
Commercial zone. This is a more permissive zone for more intense commercial activities.
The property is located within the Fort Collins Urban Growth Area. According to policies
and agreements between the City of Fort Collins and Larimer County contained in the
Intergovemmental Agreement for the Fort Collins Urban Growth Area, the City will agree
to consider annexation of property in the UGA when the property is eligible for annexation
according to State Law. This property complies with State regulations by meeting the
requirement for 1/6 contiguity to existing City limits. This occurs through common
boundaries with the Arbor Commercial Annexation (May, 1981) to the north and the
Fairway Estates Business Annexation (January, 1981) to the east.
This property was the subject of an annexation and zoning request in late 1993. That
application included a request for the HB - Highway Business Zoning District. Staff
recommended HB with a PUD condition. The Planning and Zoning Board recommended
HB with a PUD condition. City Council action was to approve annexation of the property
at first reading and postpone consideration of the zoning. The applicant withdrew the
application for annexation and zoning after this action was taken.
ITEM NO. 12
MEETING DATE 11/25/96
STAFF Steve Olt
PLANNING AND ZONING BOARD
STAFF. REPORT
PROJECT: REA Annexation and Zoning - #41-95,A
APPLICANT: Spradley-Barr
c/o Cityscape Urban Design, Inc.
3555 Stanford Road, Suite 105
Fort Collins, CO. 80525
OWNER: Poudre.Valley REA
7649 REA Parkway
Fort Collins, CO. 80528
PROJECT DESCRIPTION:
This is a request to annex and zone 9.39 acres located on the west side of South College
Avenue, south of Harmony Road and the Arbor Plaza Shopping Center, and north of Fossil
Creek Nursery. The Burlington Northern Railroad is adjacent along the west property line.
The property is developed and is in the Business and Commercial Zoning Districts in
Larimer County. The requested zoning in the City is CL - Limited Commercial.
RECOMMENDATION:
Staff recommends approval of the annexation and recommends that the property be
placed in the HB - Highway Business Zoning District with a planned unit development
(PUD) condition.
Staff is recommending that this property be excluded from the Residential Neighborhood
Sign District. A map amendment will be necessary should the Planning and Zoning Board
recommend that this property be placed on the Residential Neighborhood Sign District
Map.
EXECUTIVE SUMMARY:
This is a request to annex and zone 9.39 acres located on the west side of South College
Avenue, south of Harmony Road and the Arbor Plaza Shopping Center, and north of Fossil
Creek Nursery. The Burlington Northern Railroad is adjacent along the west property line.
The requested zoning is CL - Limited Commercial Zoning District with no conditions. The
expressed purpose of this request is to develop an automobile sales business for the
Spradley-Barr dealership that currently operates at the southwest corner of South College
Avenue and Drake Road.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750
PLANNING DEPARTMENT
OPTION "B"
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
OPTION "B
ORDINANCE NO. 163, 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 REA ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO INTO THE CL-LIMITED
COMMERCIAL ZONING DISTRICT
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 REA Annexation to the City of Fort Collins, Colorado, in the CL, Limited Commercial
Zoning District:
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 00°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
00037'58" W 995.83 feet, and again N 89001'01" W 49.51 feet to the true point of
beginning; thence S 00°35'38" W 450.00 feet; thence N 89°01'02" W 909.52 feet;
thence N 00°43'58" E 450.00 feet; thence S 89°01'01" E 908.43 feet to the point of
beginning.
Containing 9.3901 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 not included in the Residential Neighborhood Sign District.
Section 3. That the Director of Engineering is hereby authorized and directed to amend
said Zoning District Map in accordance with this Ordinance.
OPTION "A"
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
OPTION "A"
ORDINANCE NO. 163, 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 REA ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO INTO THE HB-HIGHWAY BUSINESS
ZONING DISTRICT WITH A PUD CONDITION
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 REA Annexation to the City of Fort Collins, Colorado, in the HB, Highway Business
Zoning District:
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 00°37'58" W and
with all bearings contained herein relative thereto, is contained within the boundary
lines which begin at the Northeast comer of said Section 2 and run thence S
00037'58" W 995.83 feet, and again N 89001'01" W 49.51 feet to the true point of
beginning; thence S 00°35'38" W 450.00 feet; thence N 89'01'02" W 909.52 feet;
thence N 00°43'58" E 450.00 feet; thence S 8900F0I" E 908.43 feet to the point of
beginning.
Containing 9.3901 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 not included in the Residential Neighborhood Sign District.
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 Director of Engineering is hereby authorized and directed to amend
said Zoning District Map in accordance with this Ordinance.
OPTION `B"
that are recommended by the City Manager and the City Attorney as being in the best interests of the
City. This annexation shall be subject to the provisions of such Annexation Agreement if it is
entered into by the City and the applicant on or before January 17, 1997. If it is not so entered into
on or before January 17, 1997, this Ordinance shall be null and void and of no effect whatsoever.
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
OPTION "B"
ORDINANCE NO. 162, 1996
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE REA ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 96-134, 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 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 00°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
0003758" W 995.83.feet, and again N 89'01'01" W 49.51 feet to the true point of
beginning; thence S 00°35'38" W 450.00 feet; thence N 89'01'02" W 909.52 feet;
thence N 00°43'58" E 450.00 feet; thence S 89*01'01" E 908.43 feet to the point of
beginning.
Containing 9.3901 acres more or less,
M
be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as
the REA 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.
Section 4. That the Mayor is hereby authorized and directed to enter into 'on behalf of
the City the Annexation Agreement proposed by the applicant in this annexation, but with the
deletion of paragraph 4 of the Annexation Agreement and such other amendments to the Agreement
OPTION "A"
Attorney as being in the best interests of the City. This annexation shall be subject to the provisions
of such Annexation Agreement if it is entered by the City and the applicant on or before January 17,
1997. If it is not so entered into on or, before January 17, 1997, this Ordinance shall be null and void
and of no effect whatsoever.
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
OPTION "A"
ORDINANCE NO. 162, 1996
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE REA ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 96-134, 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 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 00°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
0003758" W 995.83 feet, and again N 89'01'01" W 49.51 feet to the true point of
beginning; thence S 00035'38" W 450.00 feet; thence N 89001'02" W 909.52 feet;
thence N 00°43'58" E 450.00 feet; thence S 8900V0I" E 908.43 feet to the point of
beginning.
Containing 9.3901 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 REA 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.
Section 4. That the Mayor is hereby authorized and directed to enter into on behalf of
the City the Annexation Agreement proposed by the applicant in this annexation, with such
amendments to the Annexation Agreement as are recommended by the City Manager and the City
RESOLUTION 96-153
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE REA ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the REA 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 REA
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
ATTEST:
City Clerk
DATE: December 17, 1996 I 5 I ITEM NUMBER: 30 A-C
Staff finds that the annexation request is appropriate for the following reasons:
The annexation of this area is consistent with the policies and agreements between Larimer
County and the City of Fort Collins contained in the Interaovemmental Agreement for the
Fort Collins Urban Growth Area.
?. The area meets the eligibility requirements included in State law to qualify for a voluntary
annexation to the City of Fort Collins.
3. On November 5, 1996, the City Council considered and approved a resolution determining
that the proposed annexation process for this property by establishing the date, time, and
place when a public hearing will be held regarding the readings of the Ordinances annexing
and zoning the area.
Staff is recommending that this property be excluded from the Residential Neighborhood Sign
District. Properties along South College Avenue have been excluded from the District, since this
area is a community/regional shopping and business service uses corridor that is not planned to
provide neighborhood -oriented land uses. A map amendment would be necessary to place this
property on the Residential Neighborhood Sign District Map.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Planning and Zoning Board, at its regular monthly meeting of November 25, 1996, voted 7-0
to recommend approval of the annexation. The Board voted 6-1 to recommend approval to zone the
property HB - Highway Business, with a PUD condition. Regardless of future development, it was
their opinion that development review should before the Planning and Zoning Board and be
evaluated against the requirements of the LDGS.
The Planning and Zoning Board voted 7-0 to recommend that paragraph 4, a disconnection clause,
be struck from the Annexation Agreement that is attached to the Petition.
The Planning and Zoning Board voted 7-0 to recommend that this property be excluded from the
Residential Neighborhood Sign District.
4 1 ITEM NUMBER: 30 A-C
5. Requiring an annexation agreement between the applicant and the City.
6. Imposing zoning conditions.
The applicant has submitted a proposed Annexation Agreement with the Petition that includes, in
paragraph 4, a disconnection clause that states:
"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 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."
If the Council initially approves CL zoning for this property, but within 20 years after such approval
the Council alters the zoning of the property in any way, the language of this paragraph would allow
the property owner to disconnect this property from the City, possibly creating a perpetual enclave
within the City limits. The Planning and Zoning Board considered this disconnection clause and
voted 7-0 to recommend to City Council that this paragraph be stricken from the proposed
Annexation Agreement. A copy of the Agreement is attached to the Petition and this agenda item
summary.
Staff believes that the CL - Limited Commercial Zoning District was adopted by City Council in
1991 to specifically address issues at that time related to the existing and proposed land uses in the
Riverside Avenue corridor. In fact, this is the only area in the City where CL zoning exists.
Properties surrounding the subject property on South College Avenue are in the hb - Highway
Business, BL - Limited Business, and BP - Planned Business Zoning Districts. Staff is
recommending that the property be placed in the HB - Highway Business Zoning District with a
PUD condition attached. It is staff s opinion that even though automobile sales is not expressly
permitted in the HB Zoning District, it meets the intent of the District by being an automobile -
oriented business. The PUD condition could allow automobile sales and provide for adequate staff
and public review of any development submittal. Regardless of the proposed land use, the HB
Zoning District with a PUD condition is most appropriate in this location based on adjacent zoning
to the north and the location along South College Avenue.
Staff is recommending that this property be excluded from the Residential Neighborhood Sign
District, which was established for the purpose of regulating signs for non-residential uses in certain
geographical areas of the City which may be particularly affected by such signs because of their
predominantly residential use and character. Properties along South College Avenue have been
excluded from the District, since this area is a community/regional shopping and business service
uses corridor that is not planned to provide neighborhood -oriented land uses. A map amendment
would be necessary to place this property on the Residential Neighborhood Sign District Map.
STAFF RECOMMENDATION:
i
Staff recommends approval of the annexation and recommends that the property be placed in the HB
- Highway Business Zoning District with a PUD condition.
DATE: December 17, 1996
3
ITEM NUMBER: 30 A-C
This property was the subject of an annexation and zoning request in late 1993. That application
included a request for the HB - Highway Business Zoning District. Staff recommended HB with a
PUD condition. The Planning and Zoning Board recommended HB with a PUD condition. City
Council action was to approve annexation of the property at first reading and postpone consideration
of the zoning. The applicant withdrew the application for annexation and zoning after this action
was taken.
The surrounding zoning and land uses are as follows:
N: HB; existing shopping center (Arbor Plaza PUD)
E: BL; existing various business and commercial uses
S: T-Tourist in Larimer County; existing business (Fossil Creek Nursery)
W: FA -Farming in Larimer County
Issues and Analysis:
The zoning requested for this annexation by the petitioner is the CL - Limited Commercial Zoning
District. The expressed purpose of this request is to develop an automobile sales business for the
Spradley-Barr dealership that currently operates at the southwest corner of South College Avenue
and Drake Road. Automobile sales is a permitted "use -by -right" in this District. There are numerous
other uses permitted in the CL District.
As a permitted use in the CL Zoning District, an application must be made to the Director of
Planning which includes a Site Plan, Landscape Plan, and Architectural Elevations complying with
the Land Development Guidance System (LDGS). In reviewing the application, the Director holds
an administrative review hearing. Written notice of such hearing is given to owners of record of all
real property within a minimum of 500' of the subject property. City Code permits the Planning
Director to refer the item to the Planning and Zoning Board if the Director determines that the
proposal raises issues that require further public hearing and discussion, or if any party -in -interest
requests such referral. Appeals of the Director's decision may be taken by any party -in -interest to
the Planning and Zoning Board.
As an alternative, a PUD may be submitted in the CL Zoning District. This would be reviewed by
the Planning and Zoning Board. However, the applicant is requesting the CL Zoning District with
no PUD condition attached. The options for recommending a zoning designation with the
annexation are:
Granting the zoning district as requested by the applicant (CL - Limited Commercial
with no PUD condition).
2. Granting the zoning district as recommended by staff (HB - Highway Business with
a PUD condition).
3. Granting any one of the other zoning districts that are available in the City of Fort
Collins Zoning Ordinance.
4. Attaching a PUD condition to the zoning district.
DATE: December 17, 1996 I 2 I ITEM NUMBER: 30 A-C
Purposes the Property Included in the REA Annexation to the City of Fort Collins, Colorado,
Into the HB-Highway Zoning District, with a PUD Condition.
Option I First Reading of Ordinance No. 163, 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 REA Annexation to the City of Fort Collins, Colorado,
Into the CL-Limited Commercial Zoning District.
This is a request to annex and zone 9.39 acres located on the west side of South College Avenue,
south of Harmony Road and the Arbor Plaza Shopping Center, and north of Fossil Creek Nursery.
The Burlington Northern Railroad is adjacent along the west property line. The requested zoning
is CL - Limited Commercial Zoning District with no PUD condition. The expressed purpose of this
request is to develop an automobile sales business for the Spradley-Barr dealership that currently
operates at the southwest corner of South College Avenue and Drake Road. The property is
developed, having been the headquarters for Poudre Valley REA for many years, and it is in the
Business and Commercial Zoning Districts in Larimer County. This is a 100% voluntary annexation.
APPLICANT: Spradley-Barr
c/o Cityscape Urban Design, Inc.
3555 Stanford Road, Suite 105
Fort Collins, CO. 80525
OWNER: Poudre Valley REA
7649 REA Parkway
Fort Collins, CO. 80528
BACKGROUND:
The applicant, Spradley-Barr, c/o Cityscape Urban Design, Inc, on behalf of the property owners,
Poudre Valley REA, has submitted a written petition requesting annexation of 9 . 3 9 acres located
on the west side of South College Avenue, south of Harmony Road and the Arbor Plaza Shopping
Center, and north of Fossil Creek Nursery. The Burlington Northern Railroad is adjacent along the
west property line. This is a 100% voluntary annexation.
The property is currently developed, having been the headquarters for Poudre Valley REA for many
years, and is zoned B - Business (on the front 1/3, about 300' of lot depth) and C - Commercial (on
the back 2/3) in Larimer County. The County's Business Zone is for most retail, office, and service
uses. This zone does not allow automobile sales and is more restrictive than the Commercial Zone.
Automobile sales are a permitted use in the Commercial Zone. This is a more permissive zone for
more intense commercial activities.
The property is located within the Fort Collins Urban Growth Area. 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 annexation of
property in the UGA when the property is eligible for annexation according to State Law. This
property complies with State regulations by meeting the requirement for 1/6 contiguity to existing
Citv limits. This occurs through common boundaries with the Arbor Commercial Annexation (May,
1981) to the north and the Fairway Estates Business Annexation (January, 1981) to the east.
I
AGENDA ITEM SUMMARY ITEM NUMBER: 30 A-C
DATE: December 17, 1996
FORT COLLINS CITY COUNCIL
STAFF: Steve Olt
SUBJECT: pw►v.-ec�••n i `� t%
Items Pertaining to the REA Annexation and Zoning. �a^^�V►P� 'tU►^�r `��j ��
RECOMMENDATION:
The applicant has requested that the property be annexed and placed in the CL - Limited Commercial
Zoning District, with no planned unit development ('-PUD") condition. Staff recommends approval
of the annexation request and recommends that the property be zoned HB - Highway Business, with
a PUD condition.
EXECUTIVE SUMMARY:
Staff is recommending that this property be excluded from the Residential Neighborhood Sign
District. Properties along South College Avenue have been excluded from the District, since this
area is a communitylregional shopping and business service uses corridor that is not planned to
provide neighborhood -oriented land uses. A map amendment would be necessary to place this
property on the Residential Neighborhood Sign District Map.
The Planning and Zoning Board, on November 25, 1996, voted 7-0 to recommend approval of the
annexation. The Board voted 6-1 to recommend zoning the property HB - Highway Business, with
a PUD condition. The Staff Report, with attachments, that went to the Board is attached to this
agenda item summary.
The Planning and Zoning Board voted 7-0 to recommend that Paragraph 4, a Disconnection Clause,
be struck from the Annexation Agreement that is attached to the Petition.
The Planning and Zoning Board voted 7-0 to recommend that this property be excluded from the
Residential Neighborhood Sign District.
A. Resolution 96-153 Setting Forth Findings of Fact and Determinations Regarding the REA
Annexation.
B. Option A: First Reading of Ordinance No. 162, 1996, Annexing Property Known as the
REA Annexation to the City of Fort Collins, Colorado.
Option B: First Reading of Ordinance No. 162, 1996, Annexing Property Known as the
REA Annexation to the City of Fort Collins, Colorado (with direction to delete paragraph
4 of the Annexation Agreement).
C. Option A: First Reading of Ordinance No. 163, 1996. Amending the Zoning District Map
Contained in Chapter 29 of the Code of the City of Fort Collins and Classifying for Zoning