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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. rr= IN, OVA Ie�iieeeeeeee■ �� � � VICINITY MAP RS'E,A, #64-9-3C 10/01/96 Annexation/Zoning 1"=600" 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