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HomeMy WebLinkAboutSPRADLEY BARR ANNEXATION AND ZONING NOVEMBER 18 1997 CITY COUNCIL HEARING - 64 93D - REPORTS - FIRST READINGVICINITY MAP 08/25/97 #64-93D REA Annexation and Zoning .1"-CAW No Text REA Annexation and Zoning, #64-93D October 16, 1997 P & Z Meeting Page 4 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 October 7, 1997, 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 November 18, 1997. 4. The C - Commercial Zoning District is appropriate for this site based on adjacent zoning, existing land uses, and the location fronting on South College Avenue. 5. The property is located in an area of South College Avenue that is identified as a "Commercial Corridor District" in the Structure Plan; therefore, the requested zoning of C - Commercial is consistent with the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends approval of the annexation and recommends that the property be placed in the C - Commercial Zoning District. 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, #64-93D October 16, 1997 P & Z Meeting Page 3 This property was the subject of an annexation and zoning request in late 1996 and early 1997. That application included a request for the CL = Limited Commercial Zoning District. Staff recommended HB - Highway Business, with a PUD condition. The Planning and Zoning Board recommended HB - Highway Business, with a PUD condition. City Council action was to approve annexation of the property at first reading and place the property in the HB - Highway Business Zoning District, with a PUD condition. 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 Analysis: The requested zoning for this annexation is the C - 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. Vehicle sales and leasing establishments with outdoor storage are permitted uses in this District, subject to review by the Planning and Zoning Board: There are numerous other uses permitted in the C - Commercial District. The property is in an area along South College Avenue that is identified as a "Commercial Corridor District" in the adopted Structure Plan, an element of the City's Comprehensive Plan. The request for placing this property in the C - Commercial Zoning District is consistent with the Comprehensive Plan. 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. REA Annexation and Zoning, #64-93D October 16, 1997 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 C - Commercial Zoning District. Background: The applicant, Spradley Barr, c/o Cityscape Urban Design, Inc, on behalf of the property owners, Spradley Barr, 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 . and does not allow automobile sales. It is more restrictive than the Commercial zone. Automobile sales are a permitted use in the Commercial zone, which is a more permissive zone for more intense commercial activities. Larimer County has issued a building permit to allow modifications for an automobile dealership on the portion of the property that is in the C - Commercial District in the County. If annexed into the City, the front portion of the property will go through the City's Project Development Plan and Final Compliance review and approval process as a Type II - Planning and Zoning Board review of the proposed automobile display and sales. 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 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 - Highway Business, with a PUD condition.•The Planning and Zoning Board recommended HB - Highway Business, 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. 4 ' MEETING DATE ln/1_6/97 _ STAFF Steve Olt City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: REA Annexation and Zoning - #64-93D APPLICANT: Spradley Barr c/o Cityscape Urban Design, Inc. 3555 Stanford Road, Suite 105 Fort Collins, CO. 80525 OWNER: Spradley Barr 2601 South College Avenue 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 C - Commercial: RECOMMENDATION: Staff recommends approval of the annexation and recommends that the property be placed in the C - Commercial Zoning District. 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 C - Commercial Zoning District. The property is currently owned by Spradley Barr, who is in the process of developing an automobile sales dealership on the site. When completed, Spradley Barr will relocate their existing 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. Boy 5SO Fort Collins, CC) S:°=:.-t5S0 (303 : =21-670 PLANNING DEPARTMENT Passed and adopted on fmal reading this 2nd day of December, A.D. 1997. Mayor ATTEST: City Clerk ORDINANCE NO. 185, 19.97 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE SPRADLEY-BARB ANNEXATION (FORMERLY KNOWN AS THE REA ANNEXATION) TO THE CITY OF FORT COLLINS, COLORADO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins be, and the same hereby is, changed and amended by including the property known as the Spradley-Barr Annexation to the City of Fort Collins, Colorado, in the C, 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 comer of said Section 2 and run thence S 00°37'58" 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 89°01'02" W 909.52 feet; thence N 00°43158" E 450.00 feet; thence S 89°01'01" E 908.43 feet to the point of beginning. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins be, and the same hereby is, changed and amended by showing that the above -described property is not to be included in the Residential Neighborhood Sign District. Section 3. That the Director of Engineering is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. _ Introduced, considered favorably on first reading, and ordered published this 18th day of November, A.D. 1997, and to be presented for final passage on the 2nd day of December, A.D. 1997. Mayor ATTEST: City Clerk Introduced, considered favorably on first reading, and ordered published this 18th day of November, A.D. 1997, and to be presented for final passage on the 2nd day of December, A.D. 1997. Mayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of December, A.D. 1997. Mayor ATTEST: City Clerk ORDINANCE NO. 184, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE SPRADLEY-BARB ANNEXATION (FORMERLY KNOWN AS THE REA ANNEXATION) TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 97-131 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 comer of said Section 2 and run thence S 00037'58" W 995.83 feet, and again N 89°01'01" W 49.51 feet to the true point of beginning; thence S 00°35138" 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 93901 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 Spradley-Barr 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. RESOLUTION 97-151 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS. OF FACT AND DETERMINATIONS REGARDING THE SPRADLEY-BARB ANNEXATION (FORMERLY KNOWN AS REA ANNEXATION) WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Spradley-Barr 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 AS FOLLOWS: 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 Spradley-Barr 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 18th day of November, A.D. 1997. Mayor ATTEST: City Clerk DATE: 4 'TEM NUMBER: 14 A-C date when a public hearing would be held and First Reading of ordinances annexing and zoning the property would be considered by the Council. STAFF RECOMMENDATION: Staff recommends approval of the annexation and recommends that the property be placed in the C - Commercial Zonina District. 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 October 16, 1997, voted 7-0 to recommend approval of the annexation. The Board voted 7-0 to recommend zoning the property C - Commercial. The Planning and Zoning Board did express concerns at its public hearing about the ongoing conversion from the REA facility to the automobile dealership in Larimer County. The concerns centered around the standards (County or City) to which the new use is being constructed. precedent being set about bringing existing buildings and improvements into the City, and the potential element of danger surrounding ingress and egress to and from the site. The Planning and Zoning Board voted 7-0 to recommend that this property be excluded from the Residential Neighborhood Si_n District. DATE: November 18. 1997 3 EM NUMBER: 14 A -(- Issues and Analysis: The requested zoning for this annexation is the C - Commercial Zoning District. The property is developed, containing a large building, having been the headquarters for Poudre Valley REA for manv 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 and does not allow automobile sales. It is more restrictive than the Commercial zone. Automobile sales are a permitted use in the Commercial zone, which is a more permissive zone for more intense commercial activities. Latimer County has issued a building permit to allow modifications for an automobile dealership on the portion of the property that is in the C - Commercial District in the County. The C - Commercial Zoning District in the City is appropriate for this site based on adjacent zoning, existing land uses. and the location fronting on South College Avenue. The property is in an area along South College Avenue that is identified as a "Commercial Corridor District" in the adopted Structure Plan, an element of the City's Comprehensive Plan. The request for placing this property in the C - Commercial Zoning District is consistent with the adopted City Plan. 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: 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 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. ;. The C - Commercial Zoning District is appropriate for this site based on adjacent zoning, existing land uses. and the location fronting on South College Avenue. 4. The property is located in an area of South College Avenue that is identified as a "Commercial Corridor District" in the Structure Plan. therefore. the requested zoning of C - Commercial is consistent with the adopted City Plan. 5. On October 7, 1997. the City Council considered and approved a resolution determining the proposed annexation process for this property and establishing November 18, 1997 as the DATE: November 18, 1997 ? ITEM NUMBER: 14 A-C BACKGROUND: The applicant. Spradley-Barr, c/o Cityscape Urban Design, Inc., 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 the former Fossil Creek Nursery. The Burlington Northern Railroad is adjacent along the west property line. This is a 100% voluntary annexation. The applicant has requested that the property be placed in the C - Commercial Zoning District. The property is the former site of the headquarters for the Poudre Valley REA and is zoned B - Business (on the front 1/1 about 300' of lot depth), and C - Commercial (on the back 2/3) in Larimer County. The site is currently being developed under County regulations as an automobile sales facility on the back 2/3 of the property and an associated parking lot on the front 1/3. If annexed into the City and zoned C - Commercial, the front portion of the property (zoned B - Business in the County) will go through the City's Project Development Plan and Final Compliance review since there will be a change in use from parking to automobile display and sales. The review process will include a Type Il Planning and Zoning Board hearing. 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 Acreement for the Fort Collins Urban Growth Area the City has agreed 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, as did the Planning and Zoning Board. City Council voted to approve annexation of the property on first reading and postpone consideration of the zoning. The applicant withdrew the application for annexation and zoning after this action was taken. This property was again the subject of an annexation and zoning request in late 1996 and early 1997. That application included a request for the CL - Limited Commercial Zoning District. Staff recommended HB - Highway Business, with a PUD condition. The Planning and Zoning Board also recommended HB - Highway Business, with a PUD condition. City Council approved annexation of the property on first reading and placed the property in the HB - Highway Business Zoning District, with a PUD condition. The applicant again withdrew the application for annexation and zoning after this action was taken. The surrounding zoning and land uses are as follows: N: C. existing shopping center (Arbor Plaza PUD) E: C; existing various business and commercial uses S: T-Tourist in Larimer County; existing business (Fossil Creek Nursery) W: FA -Farming in Larimer County AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEh..4UMBER: 14 A-C DATE: November 18. 1997 STAFF: Steve Olt SUBJECT: Items Relating to the Spradley-Barr Annexation and Zoning (formerly known as the REA Annexation). RECOMMENDATION: Staff recommends adoption of the Resolution and of the Ordinances on First Reading. EXECUTIVE SUMMARY: A. Resolution 97-151 Setting Forth Findings of Fact and Determinations Regarding the Spradley-Barr Annexation and Zoning. B. First Reading of Ordinance No.184. 1997. Annexing 9.39 Acres. Known as the Spradley- Barr Annexation. C. First Reading of Ordinance No. 185, 1997. Zoning 9.39 Acres, Known as the Spradley-Barr Annexation, into the C - 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 the former Fossil Creek Nursery. The Burlington Northern Railroad is adjacent along the west propem, line. The requested zoning is C - Commercial. The property is developed. containing a large building, having been the headquarters for Poudre Valley REA for many years. The Spradley-Bar. Automobile Dealers. -tip that currently operates at the southwest corner of South College Avenue and Drake Road is developing an automobile sales business on the site, utilizing almost all of the existing improvements. The property 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: Spradiey-Barr 2601 South College Avenue Fort Collins. CO 80525