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Home My WebLink AboutHARMONY HALF ACRES ANNEXATION & ZONING - 13-89, A - REPORTS - SECOND READING (2)AGENDA ITEM SUMMARY ITEM NUMBER: 9 a-b DATE: May 16, 1989 FORT COLLINS CITY COUNCIL STAFF: Ken Waido SUBJECT: Items related to the Harmony Half Acres Annexation. RECOMMENDATION: Staff recommends adoption of Ordinance No. 81, 1989 on Second Reading and adoption of Ordinance No. 87 , 1989 on First Reading. EXECUTIVE SUMMARY: A. Second Reading of Ordinance No. 81, 1989, Annexing Approximately 30.69 Acres, Known as the Harmony Half Acres Annexation. B. Hearing and First Reading of Ordinance No. 87, 1989, Zoning Harmony Half Acres Annexation. On May 2, Council unanimously adopted Resolution 89-98 Setting Forth Findings of Fact and Determinations and unanimously adopted on First Reading Ordinance No. 81, 1989 annexing Harmony Half Acres. The first reading of the ordinance zoning this annexation was delayed to this date to obtain a legal for the area to be placed into the C Zoning District. This is a request to annex and zone approximately 30.69 acres located north of Harmony Road and west of Timberline Road. The requested zonings are: (1) 30.35 acres of R-E, Estate Residential District; and (2) .34 acres of C, Commercial District with a PUD condition. This is the annexation of an enclave area. The property is presently developed residential with about 30 dwelling units and two small businesses. Existing commercial signs located on the property will have to conform to the City's Sign Code at the conclusion of a five year amortization period. APPLICANT: City of Fort Collins OWNERS: See list. 0 L-A ORDINANCE NO. 87 , 1989 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 29 OF THE CODE OF THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING ORDINANCE, AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE HARMONY HALF ACRES 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 District Map adopted by Chapter 29 of the Code of the City of Fort Collins be, and the same hereby is, changed and amended by including the following portion of the property known as the Harmony Half Acres Annexation to the City of Fort Collins, Colorado, in the C Commercial District: A tract of land situate in the Southeast Quarter of the Southeast Quarter of Section 31, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the South line of the Southeast Quarter of said Section 31 as bearing N 89°48'59" W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the Southeast corner of said Section 31 and run thence N 00°00'47" W 30.00 feet; thence N 89°48'59" W 181.00 feet to the True Point of Beginning; thence N 89°4859" W 145.35 feet; thence N 84005'29" W 50.10 feet; thence N 84°13'45" W 27.31 feet; thence N 16°46'59" W 32.74 feet; thence N 55°00'59" W 159.50 feet, thence S 89°49'26" E 157.33 feet; thence S 00°11'13" W 30.00 feet; thence S 89°49'26" E 157.33; thence S 00°11'13" W 30.00 feet; thence S 89°48'47" E 205.23 feet; thence S 00°00'47" E 100.00 feet to the Point of Beginning, containing 0.6755 acres more or less. Section 2. That the zoning granted in Section 1 above is expressly conditioned upon the entire property described therein being developed as a planned unit development in accordance with the ordinances of the City. Section 3. That the Zoning District Map adopted by Chapter 20 of the Code of the City of Fort Collins be, and the same hereby is, changed and amended by including the remainder of the property known as the Harmony Half Acres Annexation to the City of Fort Collins, Colorado, in the R-E Estate Residential District: A tract of land situate in the Southeast Quarter of Section 31, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado, which considering the East line of the Southeast Quarter of said Section 31 as bearing N 00°01'48" W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Southeast corner of said Section 31 and run thence N 00°O1'48" W 28.79 feet to the true point of beginning; thence N 89°47'25" W 324.93 feet; thence N 84003'25" W 50.10 feet; thence along the arc of a 5650.00 foot radius curve to the right a distance of 488.75 feet, the long chord of which bears N 87°18'40" W 488.60 feet; thence Is N 84°39'22" W 31.35 feet; thence along the arc of a 4094.83 foot radius curve to the left a distance of 492.87 feet, the long chord of which bears N 03°24'07" E 492.57 feet; thence N 00°02'38" W 772.39 feet; thence S 89°57'22" W 200.00 feet; thence N 00'02'38" W 489.85 feet; thence S 69'23'10" E 182.01 feet; thence S 38°17'44" E 135.51 feet; thence S 63°03'28" E 391.26 feet; thence S 70°27'26" E 380.17 feet; thence S 83°42'22" E 104.33 feet to the East line of the Southeast Quarter of said Section 31; thence S 00°01'48" E 1299.69 feet along said East line to the true point of beginning. Containing 30.6899 acres. Less the following described parcel of property: A tract of land situate in the Southeast Quarter of the Southeast Quarter of Section 31, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the South line of the Southeast Quarter of said Section 31 as bearing N 89°48'59" W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the Southeast corner of said Section 31 and run thence N 00°00'47" W 30.00 feet; thence N 89°48'59" W 181.00 feet to the True Point of Beginning; thence N 89°48'59" W 145.35 feet; thence N 84°05'29" W 50.10 feet; thence N 84'13'45" W 27.31 feet; thence N 16°4659" W 32.74 feet; thence N 55°00'59" W 159.50 feet; thence S 89°49'26" E 157.33 feet; thence S 00°11'13" W 30.00 feet; thence S 89°49'26" E 157.33; thence S 00°11'13" W 30.00 feet; thence S 89°48`47" E is 205.23 feet; thence S 00°00'47" E 100.00 feet to the Point of Beginning, containing 0.6755 acres more or less. Section 4. That the Director of Engineering is hereby authorized and directed to amend said Zoning District Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 2nd day of May, A.D. 1989, and to be presented for final passage on the 16th day of May, A.D. 1989. ATTEST: Mayor City Clerk Passed and adopted on final reading this 16th day of May, A.D. 1989. ATTEST: ty Cler ayor AGENDA ITEM SUMMARY ITEM NUMBER: 10 DATE: May 2, 1989 FORT COLLINS CITY COUNCIL STAFF: Ken Waido SUBJECT: Items related to the Harmony Half Acres Annexation. RECOMMENDATION: Staff recommends approval of the annexation request. The Planning and Zoning Board voted 6-0 to recommend approval of the annexation and requested zonings. EXECUTIVE SUMMARY: A. Resolution 89-98 Setting Forth Findings of Fact and Determinations Regarding the Harmony Half Acres Annexation. B. Hearing and First Reading of Ordinance No. 81, 1989, Annexing Approximately 30.69 Acres, Known as the Harmony Half Acres Annexation. This is a request to annex and zone approximately 30.69 acres located north of Harmony Road and west of Timberline Road. The requested zonings are: (1) 30.35 acres of R-E, Estate Residential District; and (2) .34 acres of C, Commercial District with a PUD condition. The first reading of the ordinance zoning this annexation will be heard at the May 16, 1989 Council meeting. This is the annexation of an enclave area. The property is presently developed residential with about 30 dwelling units and two small businesses. Existing commercial signs located on the property will have to conform to the City's Sign Code at the conclusion of a five year amortization period. APPLICANT: City of Fort Collins OWNERS: See attached list. DATE_ May 2, 1989 —_ -2- ITEM NUMBER: 10 BACKGROUND: 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 annex property in the UGA when the property is eligible for annexation according to State law. The area to be annexed is a county enclave. The following annexations to the City of Fort Collins created the enclave: N: Harmony Annexation No. 2, September 6, 1977 E: Harmony Annexation No. 2, September 6, 1977 South Harmony Annexation, February 4, 1986 S: South Harmony Annexation, February 4, 1986 W: Keenland Annexation, August 19, 1980 Harmony Annexation No. 2, September 6, 1977 This area has thus been eligible for involuntary annexation into the city since February 4, 1989. On March 1, 1989, staff sent a letter to the property owners informing them of the pending annexation, potential zoning district designation,and meeting date of review by the Planning and Zoning Board. The initial staff letter indicated the recommended zoning would be the R-L-P Zoning District. Staff received several subsequent contacts from property owners. It is apparent several owners maintain horses, or other types of livestock, on their properties. Given the larger lot sizes in the area and the existence of farm animals staff is changing is zoning recommendation to the R-E, Estate Residential Zoning District. Staff is also recommending several changes to the R-E zone, which the City Council will review at their May 16, 1989 meeting. Zoning: Due to the failure to obtain the proper legal description for the area to be placed into the C, Commercial, Zoning District, the first reading of the ordinance zoning this annexation will be heard at the May 16, 1989, Council meeting. The property is currently zoned FA-1 and C-Commercial in the County. The requested zonings for this annexation are: (1) 30.35 acres of R-E, Estate Residential District; and (2) .34 acres of C, Commercial District with a PUD condition. The R-E District designation is for larger lot residential developments. "he area to be zoned R-E is currently developed with larger lot residential units and a small business. In discussions with property owners it was apparent several owners keep horses and other types of farm animals on their properties. In order to minimize the impact of annexation on the property owners staff changed its initial recommendation from R-L-P zoning to R-E, where farm animals are a listed use -by -right. Also, in order to eliminate the problem of non -conforming lot sizes, staff is recommending changes to the R-E zone. The existing business would become a non -conforming use under the R-E Zone. Enlargement or change of the existing use could be made through the "change r DATE: May 2, 1989 j -3- ITEM NUMBER: 10 to a non -conforming use" process which requires a public hearing before the Planning and Zoning Board. The area zoned C-Commercial in the County is recommended to be placed into the City's C, Commercial District with a PUD condition. The area is currently developed with a single-family home and a small business. The C District designation is for commercial, storage, and service uses. The property owner has requested a zoning which would permit uses of a similar nature allowed under County zoning. The last time a property zoned C-Commercial in the County was included in an enclave annexation was in 1987, the East Vine Drive 8th Annexation. That property owner, Mr. Nauta, also requested the City's C Zone. Staff was reluctant to grant the C District due to the wide variety of uses allowed within the zone an no requirement for public design review to protect adjacent properties. After much discussion, the Council placed the property into the C Zone but added a PUD condition. Using the East Vine Drive 8th Annexation decision as a precedent, staff is recommending the C Zone with a PUD condition for this property. The PUD condition would require enlargement or changes of the existing small business to be reviewed under the "change to a non -conforming use" process which requires a public hearing before the Planning and Zoning Board. Enlargements or changes of use can also be processed as a PUD and be reviewed against the criteria of the Land Development Guidance System. The owner is aware of the recommended zoning for his property. 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 all criteria included in State law to qualify for annexation by the City of Fort Collins. 3. On March 21, 1989, the City Council passed a resolution setting forth the intent to annex this property. 4. The requested zonings are in conformance with the policies of the City's Comprehensive Plan. RECOMMENDATION: Staff recommends approval of the annexation and requested zoning. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, at their regular meeting on April 3, 1989, voted 6-0 to recommend approval of the annexation and requested zonings. A copy of the Board's minutes is attached. 0 RL- I j • it-. �� , vs, 0 RP by _ ■h�i :::::�= I HARMONY ROAD■'■■�■■■■ 1 a ip 1, ■I 1 7U'r ■I • � ■I ■I • ■i NJ rp • low rl rip MM -7�"jae■■■a ITEM HARMONY HALF -ACRES ANNEXATION AND ZONING NUMBER 13-89,A T