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Home My WebLink AboutHARMONY HALF ACRES ANNEXATION & ZONING - 13-89, A - REPORTS - FIRST READINGAGENDA 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. -2- 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 IS: South Harmony Annexation, February 4, 1986 W: Keenland Annexation, August 19, 1980 9 n O\Oarmony 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. The 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. �rr 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 0mals are a listed use -by -right. Also, in order to eliminate the problem 1 lb non -conforming lot sizes, staff is recommending changes to the R-E zone. ^r p�� The existing business would become a non -conforming use under the R-E Zone. !U� Enlargement or change of the existing use could be made through the "change DATE: May 2, 1989 -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. fhe 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. • RESOLUTION 89-98 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE HARMONY HALF ACRES ANNEXATION WHEREAS, annexation proceedings were heretofore initiated for property to be known as the Harmony Half Acres Annexation; and WHEREAS, following Notice given as required by law, the City Council has held a hearing on said Annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COL_LINS: Section 1. That the City Council hereby finds that the area proposed to be annexed has been entirely contained within the boundaries of the City of Fort Collins for a period of not less than three (3) years prior to this date. Section 2. That the City Council hereby finds that the requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met. Section 3. That the City Council further finds and determines that an election pursuant to Section 31-12-107(2) or 31-12-112(1), C.R.S., is not • required. Section 4. That no additional terms and conditions are to be imposed upon the area proposed to be annexed. Section 5. That the City Council further finds that notice was given and hearing was held regarding the annexation in accordance with Sections 31-12-108 and 31-12-109, C.R.S., as applicable. Section 6. That the City Council concludes that the area proposed to be annexed in the Harmony Half Acres Annexation is eligible for annexation to the City of Fort Collins and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 2nd day of May, A.D. 1989. ATTEST: City Clerk • Mayor ORDINANCE NO. 81, 1989 • OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE HARMONY HALF ACRES ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 89-98, stating the intent of the City of Fort Collins to annex certain property and initiating annexation proceedings, has heretofore been adopted; and WHEREAS, the Council of the City of Fort Collins has found and determined and does hereby find and determine that it is in the best interests of the City of Fort Collins to annex said area to the City, as required by the terms of the Intergovernmental Agreement between the City and Larimer County, Colorado, dated September 7, 1988. NOW, 1HEREFORE, BE IT ORDAINED BY THE COUNCIL OF IHE CITY OF FOR1 COLLINS as follows: Section 1. That the following described property, to wit: 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 00'01'48" W 28.79 feet to the true point of beginning; thence N 8904725" W 324.93 feet; thence N 84°03'25" 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 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. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Harmony Half Acres 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. 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. Mayor ATTEST: City Cle Passed and adopted on final reading this 16th day of May, A.D. 1989. Mayor ATTEST: 0 City Cler ITEM HARMONY HALF -ACRES ANNEXATION AND ZONING NUMBER 13-89,A � JACK & JANICE NIXON ROUTE # 3 STERLING, CO 80751 KAT4LEEN HARRIS 2008 TIMBERLINE LANE FORT COLLINS, 00 80525 JOSEPH & CATHY BFJ24EY 1912 TIMBERLINE LANE FORT COLLINS, CO 80525 CHARLES & RITA ADAMS 1933 HARMONY DRIVE FORT COLLINS, OD 80525 JACK & MARION FRENCH 214 JAC KSON AVENUE FORT COLLINS,, C0 80521 • • •• 1 • N • I/ :r• 1 RICHARD FIOLKOSKI 2017 HARMONY DRIVE FORT COLLINS, CA 80525 EDWIN BERRY 4417 SOUTH co. FORT COLLINS, • • i• s• 1 I' I EDWARD & BETTY MCC1ANN 2020 TIMBERLINE LANE FORT COLLINS, CO 80525 DOM I •• •; •••111LOLC rm1 •• :• - •• 1 •• :• DONNIE & JERRY EATON 1901 HARMONY DRIVE FORT COLLINS, CO 80525 JAMES & ELSIE YOCKEY 1821 HARMONY DRIVE FORT COLLINS,, CO 80525 : C. .Is• I I ••.M• •/• • 10 /• • i•l 0 wkc IF 101we =: • 0 LDONARD & KIM EWY 4413 SOUTH 00. ROAD 1 11 FOORT COLLINS, CO 80525 LEROY & DONNA DAVISON 2000 TIMBERLINE LANE FORT COLLLINS, 00 80525 VIRGIL & JANET CLINE 1928 TIMBERLINE LANE FORT COLLINS, 00 80525 ••• I•:r• 1 I I' • •w y1wo,' m a / z : • . • . f. • • • A.4. 1. • 1• • r•� •• 1 •• : • JAL 149 WET HARVARD # 301 FORT COLLINS, CO 80525 BILL & MARILYN SHEPARD 2001 HARMONY DRIVE FORT COLLINS, CO 80525 '•• •• Pro 1 s• :• GARY & CAROL J0OB ANTHONY LAUBY & RITA GLASER CL.ARENCE A. ROBERTS, JR. 218 NORTH LANGSTAFF STREET 1924 HARMONY DRIVE 2000 HARMONY DRIVE LAKE EISINDE, CA 92330 FORT COLLINS, 00 80525 FORT COLLINS, OD 80525 AINZ er MAKI Sk'tx:tlT DAYID RITA ANASTASIO . RICHARD � JANET WINE 4325 S. 00. RD. #11 2008 HARMONY DRIVE 4323 SOUTH CO. ROAD 11 FORT COLLINS: CO 80525 FORT COLLINS, CO 80525 FORT COLLINS, CD 80525 I IAl2MCP1Y HALF ACRE I O ME (AWEe C/O C HARLES ADAMS 1980 HARMONY ROAD FORT COLLINS, CO 80525 Harmony 112 Acre Annexation and Zonlr 11 March 14, 1989 Dcar Property Owner, In a letter dated February 24, 1989, I informed you that property you own anti located either within or adjacent to the Harmony Half Acres Subdivision, had been included in an Annexation Petition called: The Harmony Half Acres Annexation. I also indicated that City staff was proposing that your property be placed into the R-L-P, Low Density Planned Residential, Zoning District. The R-L-1' zone is for areas planned as a unit to provide variation in use, density and building placement. For review, the following uses are allowed within the R-L-P zone: (1) Single-family dwellings; (2) Public and private schools for elementary and high school education; (3) Public and nonprofit quasi -public recreational uses as a principal use; • (4) Essential public utility and public services installations and facilities for the protection and welfare of the surrounding area, provided that business offices and repair and storage facilities are not included; (5) Churches; (6) Group homes, subject to approval by special review; (7) Accessory buildings and uses; and (8) Any land use located on a Planned Unit Development plan as defined, processed and approved according to the City's Planned Unit Development Ordinance. Several property owners have contacted me concerning the R-L-P zoning. It is apparent that several property owners maintain horses and other livestock on their properties and are concerned with the impact of annexation on their ability to continue to maintain these animals. The City does not want annexation to detract from the type of lifestyle that presently exists. Therefore, staff is changing its zoning recommendation from R-L-P zoning to R-E zoning where farm animals are allowed uses. The uses allowed in the R-E zone arc the same as those listed above for the R-L-P zone, with the exception of (8) uses through the PUD process. The PUD process is not allowed in the R-E zone. I would like to remind you that the Harmony Half Acres Annexation will be reviewed by the Fort Collins Planning and Zoning Board on March 27, 1989, at the Board's regular monthly meeting scheduled to start at 6:30 PM in the Council Chambers within City Hall West located at 300 LaPorte Avenue. The Board will conduct a public hearing and make a recommendation on the • Annexation Petition to the Fort Collins City Council. The City Council will consider official annexation of the property via ordinance on May 2, 1989. • 'I I 6 � , ;11i • I11rt t , . I I I I I � t l 1 1I1! __ ,I,,titl • i :II',I —I_I, T ,II • L-1 Pa ge , • If you have any questions concerning the proposed annexation of your prop- erty, please feel free to contact me. I will do my best to address all of your concerns. Sincerely, Kenneth G. Waido Chief Planner 0 0 E • 0 HANDCRAFTERS OF FORT COLLINS 2008 E. IIARNIONY RD. FORT COLLINS, COLORADO 80525 (303) 226-0445 City of Ft. Collins Planning Dept. Mr Kenneth Waido chief planner 3-16-89 re 2008 E Harmony Rd. Dear Mr Waido As we discussed by phone last week, the proposed annexation and rezoning of Harmony Half acres to R-L-P zoning or R-E zoning does not take into consideration our use or the commercial zoning w1^.ich was granted by the county for a cabinet shop in 1972. We have continuously opperated a business on the premises since 1972 with both state and City of Ft. Collins sales tax lisences. 'Alp renuest instead that we retain a zoning tyne allowing continued uses of similar nature such as C commercial or light industrial. Th nk You R Hug,!i Force s c 0 COYiLl ------- ; r- jt I l • 0 Ken Baca, Real Estate Representative for Diamond Shamrock, briefly discussed . the square footage of the site, canopy, location of the site, and elimination of the curbcut on the northeast side of the property. Member Walker asked if the there would be more landscaping with the elimina- tion of the curbcut. Mr. Baca stated that there would be additional landscaping. Member Walker asked what was the function of the curbcut further south. Mr. Baca stated that it was a 24 foot emergency access easement. Mr Shepard stated that the purpose of this curbcut was for recirculation and for lire access. This road will continue further to the east where it will also serve the health club building. Member Kern stated he had concerns about recessed lighting on canopies and avoiding backlit signage. Mr. Shepard commented that staff recommended approval with the condition that the recessed canopy lighting is reviewed. Member Shepard asked for clarification of the size of the monument sign Mr. Shepard stated that the brick pad would be 2', the sign 5' high and 7' '-1/2" wide, with the total of 36 square feet, per face, double-faced of approximately 72 feet. Ed Kress, Diamond Shamrock Area Engineer, discussed the tank storage and fuel system. Member Kern asked what the frontage on Elizabeth would be. Mr. Shepard replied 202 feet. Mr Shepard gave the staff report. It recommended approval with the conditions that 1) a detailed specification sheet indicating the type of canopy lighting shall be submitted to the Planning Department and such specifications shall indicate fully recessed lighting fixtures, and 2) the northerly, internal parking lot drive aisle be deleted and replaced with landscaping. Member Klataske moved to approve Diamond Shamrock Corner Store No. 1100 PUD Preliminary with the two conditions noted by staff. Member Kern sec- onded the motion. The motion to approve passed 6-0. IIARMONV HALF ACRES ANNEXATION AND ZONING tt13 89 A Ken Waido gave a description of the proposed annexation and zoning. Member Kern asked if the C-Commercial zoning with a PUD condition would have to come before the Board if there would be any alterations or changes. -3- Mr. 1Vaido replied that it would not because the existing use would become a non -conforming use when annexed. Any expansion to a non -conforming use can go through the expansion to the non -conforming use process. The property owners would have the option to submit change of use or enlargement through the PIID process. Bob Kopitzki, 1917 Harmony Drive, asked when the city sewer line would go down Timberline Lane. Mr. Waido replied that the sewer will follow the development either on the south side of Harmonv or the southern half of Sunstone as those properties develop and sewer gets extended. Leonard Ewy, 4413 South County Road 11, stated that he strongly supported the R-E zoning. Paul Eckman cited the definition by City Code of the R-E zone, not with- standing any provisions to the animal control ordinance, that it would be permissible for farm animals to be kept on any R-E zone property as an acces- sory use. Nlemher Kern moved to recommend approval of the Harmony Half Acres Annexation and Zoning to City Council. Member Walker seconded the motion. The motion passed 6-0. CHANGES TO THE RE, ESTATE RESIDENTIAL DISTRICT LOT SIZES #17-89 Ken Waido gave a description of the proposed amended sections requests. Member Shepard asked if all current R-E zones would be affected. Mr. Waido responded that there: were only 3 or 4 properties zoned R-E and these changes would not affect those properties. Chairwoman O'Dell asked if this change would only apply to the existing residential development in the county. Mr. Waido explained that it would not allow someone to take a vacant piece of property and divide it into lots smaller than 2.29 acres. Member Shepard moved to recommend approval of the Changes to the RE, Estate Residential District Lot Sizes. Member Walker seconded the motion. ~lotion to recommend approval passed 6-0. The meeting adjourned at 8:12 p.m. • -4-