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Home My WebLink AboutNORDICK ANNEXATION AND ZONING 12/15/1992 CITY COUNCIL HEARING - 44 92, A - REPORTS - SECOND READINGAGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT: Items Related to the Nordick Annexation and Zoning. RECOMMENDATION: ITEM NUMBER: 8 a-b DATE: December 15, 1992 STAFF: Ken Waido Staff recommends approval of the annexation and zoning request. The Planning and Zoning Board voted 5-0 to recommend approval of the annexation and requested zoning. EXECUTIVE SUMMARY: A. Second Reading of Ordinance No. 120, 1992 of the Council of the City of Fort Collins Annexing Property Known as the Nordick Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 121, 1992, of the Council of the City of Fort Collins Amending the Zoning District Map Contained in Chapter 29 of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Nordick Annexation to the City of Fort Collins, Colorado. On November 17, Council unanimously adopted Resolution 92-167 Setting Forth Findings of Fact and Determinations Regarding the Nordick Annexation. On November 17, Council also unanimously adopted on First Reading Ordinance No. 120, 1992 and Ordinance No. 121, 1992, which 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. APPLICANTS: Gary C. & Sharon K. Nordick 4901 Hogan Drive Fort Collins, CO 80526 OWNERS: Same AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 10 a-c DATE: November 17, 1992 STAFF. Ken Waido SUBJECT: Items Related to the Nordick Annexation and Zoning. RE( � MMENDATION: Staff recommends approval of the annexation and zoning request. The Planning and Zoning Board voted 5-0 to recommend approval of the annexation and requested zoning. EXECUTIVE SUMMARY: A. Resolution 92-167 of the Council of the City of Fort Collins Setting Forth Findings of Fact and Determinations Regarding the Nordick Annexation. B. Hearing and First Reading of Ordinance No. 120, 1992 Of the Council of the City of Fort Collins Annexing Property Known as the Nordick Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 121, 1992, of the Council of the City of Fort Collins Amending the Zoning District Map Contained in Chapter 29 of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Nordick Annexation to the City of Fort Collins, Colorado. 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 Cullege 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. APPLICANTS: Gary C. & Sharon K. Nordick 4901 Hogan Drive Fort Collins, CO 80526 OWNERS: Same BACKGROUND: 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 Cullege 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 oii the property will have to conform to the City's Sign Code at the conclusion of a five year amortization period. DATE: November 17, 1992 jTEM NUMBER: 10 a-c 1;;,. property is located within the Urban Growth Area and is currently zoned C- Cc iercial in the County. When the property was initially placed into the C- Co:iercial zone, a zoning condition limited the use of the property to a re,Jering 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, 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 bu.,iness. 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 Ci�y 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 redevelop- ment plans for the property. + DATE: November 17, 1992 3 TEM NUMBER: 10 a-c 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 accepting the annexation petition and determining that the petition is in compliance with State law. 4. The requested B-L District represents a tightening of zoning regulations on the property which is sensitive to the existing uses while furLher 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. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, at its regular monthly meeting on October 19, voted 5-0 to recommend approval of the annexation and requested zoning as part of the Board's Consent Agenda. hi Apaolz vLAZA Us *I Oki a