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Home My WebLink AboutREA ANNEXATION AND ZONING FEBRUARY 28 1994 P AND Z BOARD HEARING - 64 93 A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSZONING OPTIONS IOR THE REA ANNEXATION (1) H-B, HIGHWAY BUSINESS, WITH A PUD CONDITION. (2) B-P, PLANNED BUSINESS, WITH A PUD CONDITION, OR ANY ZONE WITH A PUD CONDITION. (3) B-L, LIMITED BUSINESS, ZONE. (4) B-P ZONE WITH USE RESTRICTIONS, OR ANOTHER ZONE WITH USE RESTRICTIONS. (5) B-P ZONE WITH USE AND DESIGN RESTRICTIONS, OR ANOTHER ZONE WITH. USE AND DESIGN RESTRICTIONS. (6) T, TRANSITION, ZONE. V ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: A tract of land situate in the Northeast Quarter of Section 2, Township 6 North, Range 69 West of the 6th P.M., Larimer County, Colorado, which considering the East line of the Northeast Quarter of said Section 2 as bearing S 000 37' 58" W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the Northeast corner of said Section 2 and run thence S 000 37' 58" W 995.83 feet, and again N 890 01' 01" W 49.51 feet to the true point of beginning; thence S 000 35' 38" W 450.00 feet; thence N 890 01' 02" W 909.52 feet; thence N 000 43' 58" E 450.00 feet; thence S 890 01' 01" E 908.43 feet to the point of beginning. Containing 9.3901 acres more or less. -5- ATTORNEY CERTIFICATION I, 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 DatK -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: 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 89° 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. 'nature - o Owner's Signature Address Address City State Zip City State Zip �� Date -3- 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. zoe;L� Circulator's gnature Subscribed and sworn to before me this day of , 19 ? 3 , by �G Q, ("1t/t rh Witness my hand and official seal. My Commission expires: 9, . / 7r /99y Notary P b is -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: 1. That it is desirable and necessary that such area be annexed to the City of Fort Collins. 2.. That the requirements of Sections 31-12-104 and 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. 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 HB - Highway Business Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. c uil mont i rout an PI w v �" u r Q 0 N tf. d f c Throsher p \ 4 O Sty 9 M / ? 6uj7li E Io ` E N —+ Rovilion n: o Owl Chuk I V c l L 1 _ Ct t, Kensin n �N t N 0 I Or. v br Towhee St.. I HARM , Nickl us y 1 1 G v ° St. P Q 1 n = 1 Prairie St. o S, n lairway LA. _r Corom.do � rkwa C t1 rc/C. 1, LO is c r Q. 0 ITEM: REA Annexation & Zoning No NUMBER: 64-93, A REA Annexation and Zoning - #64-93,A February 28, 1994 P & Z Meeting Page 5 One advantage of the B-L Zone, as compared to the B-P Zone discussed above is the listing of specific."uses-by-right" in the zone (the H-B Zone contains the same uses -by -right as the B-L Zone). The listed uses -by -right include printing services, banks, churches, standard and fast food restaurants, indoor theaters, membership clubs, offices and clinics, personal service shops, retail stores, laundry, small animal veterinary clinics, and aquarium shops. All other uses must be proposed as a PUD. If the property were to be zoned B-L, the listed uses would be deemed compatible with each other and with surrounding properties and could locate on the site without public review. 4. B-P Zone (or B-L or H-B) with Use Restrictions The property could be placed into the B-P Zone, or the B-L or H-B Zones, with use restrictions. For example, uses may be limited to specific uses listed in the zoning code which are predetermined to have minimal impacts on surrounding properties. Since traffic generation seems to be a primary impact consideration, uses could be limited to child care centers, churches, offices, clinics, and medical offices, etc., all of which, according to the above chart, have traffic impacts less than the proposed car dealership. A PUD condition could be used in addition to the use restrictions to assure public site plan review. 5. B-P Zone (or another zone) with Use and Design Restrictions This option expands the above option to establish some predetermined site design characteristics, such as set -back requirements. Thus, in addition to the listing of uses in a zone, a condition could be utilized to establish, for example, a 60' landscaped set -back requirement. 6. T Zone A final zoning option is to utilize the T-Transition Zone. The T Zone is for properties in a transitional stage with regard to ultimate development.; Staff believes this zone would be difficult to justify for the property because the property has essentially been in an urban use for a long period of time. STAFF RECOMMENDATION Staff recommends approval of the B-P, Planned Business, District with a PUD condition which would require all redevelopment proposals for the property to be reviewed against the criteria of the LAND DEVELOPMENT GUIDANCE SYSTEM. Staff believes the LDGS process is the appropriate process for evaluating land use, design, and compatibility issues related to development proposals. REA Annexation and Zoning - #64-931A February 28, 1994 P & Z Meeting Page 4 these locational policies. Redevelopment plans for the property include the possibility of a new/used car dealership. The PUD condition requires developments to be reviewed against the criteria of the Land Development Guidance system. Under the LDGs, the specific zoning designation of the property has no bearing on the evaluation of the proposed use of the property, the specific land use point charts are utilized to evaluate the appropriateness of the proposed use at a site. For example, if a neighborhood shopping center were proposed for a property, the use would be evaluated against the criteria in "Point Chart B - Neighborhood Service Center" regardless of the underlying zoning district, likewise, if a drive-in restaurant were to be proposed, the use would be evaluated against the criteria of "Point Chart D - Auto - Related and Roadside Commercial" regardless of the zoning district. Thus, the proposed use determines the evaluation criteria, not a pre -determined zoning district. 2. The B-P, Planned Business, District is for areas planned as a unit to provide business services while protecting surrounding residential areas. Placement of a PUD condition on the B-P would have the same effect as discussed above for the H-B Zone with a PUD condition, that is, under the LDGs, the specific zoning designation of the property has no bearing on the evaluation of the proposed use of the property, the specific land use point charts are utilized to evaluate the appropriateness of the proposed use at a site. The difference between the above listed H-B Zone option and this B-P Zone option is in the "message" of the zoning designation. While the H-B Zone's stated purpose is for automobile -oriented business, the B-P Zone is for business services. Again, no use could locate in any zone with a PUD condition without passing the evaluation criteria in the LDGs, whether the property's underlying zoning were to be B-P, B-L, Limited Business, or H-B. Areas along College Avenue south of the site under consideration have been placed into the B-P Zone with PUD conditions. 3. B-L. Limited Business, Zone The B-L, Limited Business, Zone is for areas for neighborhood convenience centers. City land use policies direct neighborhood convenience centers to be located in residential neighborhoods. Although, some areas along College Avenue are placed in the B-L Zone, it would be difficult to justify the zone for this property according to adopted City policies, the primary criteria for designation of zoning districts. REA Annexation and Zoning - #64-931A February 28, 1994 P & Z Meeting Page 3 GFA even though some uses are not typically in the 50,000 square foot range (each uses' average GFA is also presented). The final column presented is a "basing -point" related to the proposed use of a new/used car dealership. The car dealership has a factor of 1.00, while a Clinic has a factor of 0.50, meaning a clinic of equivalent square footage on the site would generate 50% less traffic, while a Restaurant, with a factor of 2.01 would generate about twice the traffic. Potential Use Average Trip Generation Avg. Sq. Ft. GFA Trip Rate for 50,000 Sq. Ft. Child Care Center 2.446 122 0.05 (4,900) Church (25,800) 7.699 385 (0.16) Offices (50,000) 16.310 816 (0.34) Clinic (161,000) 23.789 11189 (0.50) Medical Office (50,800) 34.170 1,708 (0.72) New Car Sales (28,700) 47.523 21376 (1�.00) Discount Store (91,600) 71.160 31558 (1.50) Restaurant (9,000) 95.620 4,781 (2.01) Bank (8,200) 189.951 91498 (4.00) Bank, Drive -In (3,400) 291.108 14,555 (6.13) Fast Food, Drive -In 632.125 31,606 (13.30) (21700) Presented below are several zoning options for the REA Annexation. L. H-B Highway Business Zone. with a PUD Condition The applicant's requested zoning for this annexation is the H-B, Highway Business District. The H-B District designation is for automobile oriented businesses. The property will probably eventually redevelop with a commercial use which has a regional/community focus. According to the City's LAND USE POLICIES PLAN, regional/community commercial uses should located near transportation facilities that offer the required access to the uses, in ares served by public transportation, and in areas served by existing water and sewer utilities. This site addresses REA Annexation and Zoning - #64-93,A February 28, 1994 P & Z Meeting Page 2 Backaround: The applicant and owner, Ronald J. Carry, General Manager, Poudre Valley Rural Electric Association, has submitted a written petition requesting annexation of approximately 9.4 acres located west of College Avenue and south of Harmony Road, south of the Arbor Plaza Shopping Center (Wal-Mart). The requested zoning is the H-B, Highway Business District. The property is presently developed as the main office of the Poudre Valley Rural Electric Association. The eastern third of the property is currently zoned B-Business, while the western two-thirds of the property is zoned C-Commercial in the County. This is a voluntary annexation. Any existing commercial signs on the property will have to conform to the City's Sign Code at the conclusion of a five-year amortization. period or upon redevelopment of the property. The surrounding zoning and existing land uses are as -follows: N: H-B, Highway Business, Arbor Plaza Shopping Center E: B-L, Limited Business, variety of retail, commercial and office uses S: T-Tourist (County), Fort Collins Nursery W: FA-1, Farming (County), large lot residential development On October 25, 1993, the Planning and Zoning Board conducted a public hearing on the REA Annexation and Zoning Request. Concerns raised by the general public to Board members before the meeting and expressed at the meeting were basically related to the potential use of the property an a new/used car dealership and that such a use would generate too much additional traffic on South College Avenue. After considering public input and discussing the implications of a PUD condition on the requested H-B Zone, the Board voted 7-0 to recommend the H-B Zone with a PUD condition to the City Council. On December 7, 1993, the City Council conducted a public hearing on the REA Annexation. Again, public comments and Council questions centered on traffic impacts of potential uses of the property. The Council voted to pass the first reading of the ordinance annexing the property but remanded the zoning decision back to the Planning and Zoning Board. The Council was not comfortable with placement of the requested H-B Zone on the property. For the purposes of discussion, the following uses, and their associated average daily trip (ADT) generation impacts, are listed. The traffic generation numbers are from the resource publication, Trip Generation (4th Edition) by the Institute of Traffic Engineers (ITE) and were based on trips per 1,000 square feet of gross floor area (GFA) and then presented for a total of 50,000 square feet of ITEM NO. 17 MEETING DATE 2/28/94 STAFF Ken Waido City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: zoning Options for the REA Annexation - #64-93, A APPLICANT: Ronald J. Carry, General Manager Poudre Valley Rural Electric Association, Inc. 4809 S. College Avenue Fort Collins, CO 80526 OWNER: Same PROJECT DESCRIPTION: zoning options for the REA Annexation which is a request to annex and zone approximately 9.4 acres located west of College Avenue and south of Harmony Road. The applicant's requested zoning is the H- B, Highway Business District. RECOMMENDATION: Staff recommends approval of the B-P, Planned Business, District with a PUD condition attached. EXECUTIVE SUMMARY: This report presents zoning options for the REA Annexation, which is a request to annex and zone approximately 9.4 acres located west of College Avenue and south of Harmony Road, south of the Arbor Plaza Shopping Center (Wal-Mart). The requested zoning is the H-B, Highway Business District. The property is presently developed as the main office of the Poudre Valley Rural Electric Association. The property is currently zoned B-Business and C-Commercial in the County. This is a voluntary annexation. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT