HomeMy WebLinkAboutNORDICK ANNEXATION AND ZONING 10/19/1992 P AND Z BOARD HEARING - 44 92, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 8
MEETING DATE 10 / 19 / 9 2
STAFF Ken Waido
PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Nordick Annexation and Zoning - #44-92, A
APPLICANTS: Gary C. & Sharon K. Nordick
4901 Hogan Drive
Fort Collins, CO 80526
OWNERS: Same
PROJECT DESCRIPTION: Request to annex and zone approximately 2.18
acres located south of Harmony Road and west of the Burlington
Northern Railroad tracks west of College Avenue. The requested
zoning is the B-L, Limited Business, District.
RECOMMENDATION: Staff recommends approval of the annexation and
zoning request.
EXECUTIVE SUMMARY: This is a request annex and zone approximately
2.18 acres located south of Harmony Road and west of the Burlington
Northern Railroad tracks west of College Avenue. The requested
zoning is the B-L, Limited Business, District. The property is
presently developed with an office use and a small animal
veterinary clinic. The property is currently zoned 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
ATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the County of Larimer, State Of Colorado to -wit:
LEGAL DESCRIPTION
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 NORTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 2 AS• BEARING S89 47' 49"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 S89 47' 49"W
1155.95 FEET ALONG THE NORTH LINE OF SAID SECTION 2 TO THE
TRUE POINT OF BEGINNING; THENCE SOO 45' 49"W 444.42 FEET]
THENCE S85 35' 48"W 209.10 FEET; THENCE NOD 25' 49"E
459.70 FEET; THENCE N89 47' 49"E 210.95 FEET TO THE
POINT OF BEGINNING.
CONTAINING 2.1753 ACRES.
Nordick Annexation and Zoning, #44-92,A
October 19, 1992 P & Z Meeting
Page 2
Backaround:
The applicant and owners, Gary C. and Sharon K. Nordick, have
submitted a written petition requesting annexation of approximately
2.18 acres located south of Harmony Road and west of the Burlington
Northern Railroad tracks west of College Avenue. The requested
zoning is the B-L, Limited Business, District. The property is
presently developed with an office use and a small animal
veterinary clinic. 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.
The property is located within the Urban Growth Area and is
currently zoned C-Commercial in the County. When the property was
initially placed into the C-Commercial zone, a zoning condition
limited the use of the property to a rendering plant. In 1991, Mr.
Nordick requested the elimination of the zoning condition in order
to place the small animal veterinary clinic on the property. As a
condition of approving the requested use, the Larimer County
Commissioners required Mr. Nordick to sign an "Annexation
Agreement" to the City of Fort Collins. Mr. Nordick is fulfilling
that requirement with this annexation request.
As indicated, 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 consider the annexation of property in the UGA when
the property is eligible for annexation according to State law.
The property gains the required 1/6 contiguity to existing city
limits from a common boundary with the Horsetooth - Harmony
Annexation to the north and the Arbor Commercial Annexation to the
east.
The surrounding zoning and existing land uses are as follows:
N: R-P, Planned Residential, Rangeview Elderly Housing project,
UBC lumber warehouse
E: H-B, Highway Business, Arbor Plaza Shopping Center
S: FA-1,Farming, Brookwood Estates Subdivision
W: FA-1,Farming, Brookwood Estates Subdivision
The requested zoning for this annexation is the B-L, Limited
Business, District. The B-L District designation is for areas for
neighborhood convenience centers and permits the following uses:
single and multi -family residential uses, banks, standard and fast-
food restaurants, indoor theaters, membership clubs, offices,
personal service shops, retail stores, retail laundry and dry
cleaners, limited recreation uses, small animal veterinary clinics,
Nordick Annexation and Zoning, #44-92,A
October 19, 1992 P & Z Meeting
Page 3
aquarium shops, churches and child care centers. The B-L District
is the most restrictive City zoning designation which permits both
office uses and small animal veterinary clinics as "uses -by -right."
The B-L zone contains fencing and landscaping requirements to
"buffer" permitted uses from adjacent residential areas.
In reviewing the zoning request, staff has attempted to be
sensitive to the existing zoning and the current uses of the
property in the same manner as if the annexation were an enclave
(involuntary) annexation. In the past, the City has attempted to
minimize the impacts of the change from County to City zoning as
properties with existing uses annex into the City, for example the
Bath Annexation which was zoned B-L in order to accommodate the
existing landscaping business. If the City places the Nordick
property into the B-L zone it would represent a "downzoning" of the
property since the B-L zone is more restrictive in terms of
permitted uses than the County's C-Commercial zone. Regardless of
City zoning, other than the B-L zone, and regardless of any zoning
conditions placed by the City, including a PUD condition, the
existing uses would continue as "legal non -conforming uses." Non-
conforming uses can expand and non -conforming uses can change to
other non -conforming uses according to procedures established in
City Code which include a hearing before the Planning and Zoning
Board. Non -conforming use changes are not required to be submitted
as a PUD. The B-L zone would allow the existing uses to be
"conforming" uses, although the property does not conform to the
fencing and landscaping requirements nor to the City's parking code
landscaping requirements. On any change of use, all B-L
requirements would have to be complied with. There are no
immediate redevelopment plans for the 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 a voluntary annexation to the City of Fort Collins.
3. On October 6, 1992, the City Council approved a resolution
which accepts the annexation petition and determines that the
petition is in compliance with State law. The resolution also
initiates the 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 17, 1992.
Nordick Annexation and Zoning, #44-92,A
October 19, 1992 P & Z Meeting
Page 4
4. The requested B-L District represents a tightening of zoning
regulations on the property which is sensitive to the existing
uses while further restricting land uses and adding fencing
and landscaping buffering requirements to protect adjacent
residential areas.
STAFF RECOMMENDATION:
Staff recommends approval of the annexation and requested zoning.
�7
PETITION FOR ANNEXATION
The undersigned
hereby petition the
Council of the
City of Fort Collins,
Colorado, for thy
J,.le
annexation of an
area, to be
referred 'to as the
Ltlk
Annexation to
the City of Fort
Collins. Said area, consisting
of approximately li-- I
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 31-12-1.05, 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.
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 13^ L Zoning District
pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins.
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.
Circulator's Signature
Subscribed and sworn to before me this day of
19 , by
Witness my hand and official seal.
My Commission expires:
Notary Public
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!E;
LEGAL DESCRIPTION OF REAL PROPERTY
INCLUDED IN THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado to -wit:
LEGAL DESCRIPTION
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 NORTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 2 AS BEARING S89 47' 49"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 S89 47' 49"W
1155.95 FEET ALONG THE NORTH LINE OF SAID SECTION 2 TO THE
TRUE POINT OF BEGINNING] THENCE SOO 45' 49"W 444.42 FEET]
THENCE S85 35, 48"W 209.10 FEET; THENCE NOD 25' 49"E
459.70 FEET; THENCE N89 47' 49"E 210.95 FEET TO THE
POINT OF BEGINNING.
CONTAINING 2.1753 ACRES.
F*- C� c-.,& 80,5-25
City State Zip
C1141-,_
Date
-3-
Owner's SigLna lire
'-19 01 C7 L tt i9 +a yp2
Address'
Ft !a11,�3 -r, 900sAs
City State Zip
Im
ATTORNEY CERTIFICATION
an attorney licensed to
practice in the State of Colorado, hereby certify that I have examined the
records of the Clerk d 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.
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