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HomeMy WebLinkAboutREA ANNEXATION AND ZONING - 64 93 A - LEGAL DOCS - CITY HALLMayor and City Councilmembers December 2, 1993 Page 2 is eligible for annexation under State law. Correspondingly, the County, in that Agreement, has promised not to approve any development plans upon property located in the County if that property is eligible for annexation into the City. The intent of this Agreement is to insure that any development proposals would be processed through the City's development review procedure rather than through the County. ZONING Zoning is a necessary corollary to annexation. The State statutes require that if the municipality has a zoning ordinance (as Fort Collins does), any area annexed shall be brought under such zoning ordinance and mapped within ninety (90) days after the effective date of the annexation ordinance. Therefore, although the City Council would not be compelled to zone the property at the December 7 meeting, a zoning district must be applied to the property within ninety (90) days after the effective date of the annexation ordinance. The petitioner has requested that the property be placed into the HB, Highway -Business, Zoning District with a PUD condition being imposed upon that zone. Therefore, no development could occur on that property unless it has been processed through the Land Development Guidance System. The HB Zone (with a PUD condition imposed) does not commit the City to approve any particular development unless it complies with the criteria of the Land Development Guidance System. Accordingly, there is no assurance, simply because of the zoning, that the Spradley-Barr automobile dealership will be approved under the Land Development Guidance System, and it is for the Planning and Zoning Board to determine that question. DEVELOPMENT APPROVAL As mentioned above, a PUD condition is proposed to be imposed upon this property. Spradley- Barr has filed an application for approval of a preliminary planned unit development on the subject property, which matter will be heard by the Planning and Zoning Board at its December 13, 1993, meeting. The criteria for the Board to utilize in deciding whether to approve or deny the application are the criteria contained in the Land Development Guidance System. It should also be noted that REA has reserved, in its petition for annexation, the right to withdraw the petition at any time prior to second reading of the annexation ordinance. The likely reason for this reservation is to afford REA and Spradley-Barr the opportunity to ascertain the Planning and Zoning Board's reaction to its application for preliminary PUD approval, and if the Planning and Zoning Board's reaction is negative, it is to be expected that REA may withdraw its petition for annexation. The State annexation law allows petitioners to reserve the right to withdraw their petitions, but provides that any such reservation must be set forth in the petition itself. The reservation was expressly set forth in the REA petition. W PE: meg cc: Greg Byrne, Director of Community Planning & Environmental Services Ken Waido, Chief Planner 0 City of Fort Collins DATE: TO: FROM: THRU: RE: o» CONFIDENTIAL MEMORANDUM December 2, 1993 Mayor and City Councilmembers ����// W. Paul Eckman, Deputy City Attorney G�i e Steve Roy, City Attorney/� REA Annexation and Zoning BACKGROUND One of the items on your agenda for December 7 pertains to the annexation and zoning of the REA property on South College Avenue. As Council is probably aware, Poudre Valley REA has purchased some land east of Interstate 25 on the Windsor Road for the relocation of its corporate headquarters. Therefore, REA is proposing to sell its College Avenue property, and one of the potential purchasers of the property is Spradley-Barr Ford, an automobile dealership. Spradley-Barr, if it completes its purchase of the REA property, would presumably relocate its dealership from College Avenue and Drake Road to the REA property. Neighbors in the vicinity of the REA property are concerned about the potential impacts upon their neighborhood arising from the development of an automobile dealership, and have voiced those concerns to the staff as well as the Planning and Zoning Board. The purpose of this memorandum is to help the Council sort out the differences between the annexation of property, the zoning of property and the approval of development following annexation and zoning. ANNEXATION In order for a property to be eligible for annexation under State law, the property sought to be annexed must have at least one -sixth (1/6) of its boundary contiguous with existing City limits. The statutes also require a finding that a "community of interest" exists between the area proposed to be annexed and the annexing municipality; that said area is urban or will be urbanized in the near future; that said area is integrated with or is capable of being integrated with the annexing municipality. The statute also provides that the fact that the area proposed to be annexed has the requisite contiguity with the annexing municipality forms a basis for a finding of compliance with the other requirements of the statute. Another equally important consideration in annexations is the intergovernmental agreement that the City has reached with Larimer County regarding the Urban Growth Area. In that Agreement, the City promises to consider the annexation of any property into the City which 300 LaPorte Avenue • P. O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6520