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HomeMy WebLinkAboutNORDICK ANNEXATION AND ZONING 11/17/1992 CITY COUNCIL HEARING - 44 92, A - REPORTS - FIRST READINGAGENDA 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. RECOMMENDATION: 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 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 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 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. DATE: November 17, 1992 2 ITEM NUMBER: 10 a-c 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, 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 redevelop- ment plans for the property. DATE: November 17, 1992 3 ITEM 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 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. 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. RESOLUTION 92- 167 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE NORDICK ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Nordick Annexation; and WHEREAS, following Notice given as required by law, the Council has held a hearing on, said annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Council of the City of Fort Collins hereby finds that the petition for annexation complies with the Municipal Annexation Act. Section 2. That the Council hereby finds that there is at least one -sixth (1/6) contiguity between the City and the property seeking annexation; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future; and that said property is integrated with or is capable of being integrated with the City. Section 3. That the Council further determines that the applicable parts of said Act have been met, that an election is not required under said Act and that there are no other terms and conditions to be imposed upon said annexation. Section 4. That the Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with said Act. Section 5. That the Council concludes that the area proposed to be annexed in the Nordick Annexation is eligible for annexation to the City and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 17th day of November, A.D. 1992. ATTEST: er Mayor 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 WHEREAS, Resolution 92-167, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS, the Council does hereby find and determine that it is in the best. interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: 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 S 89047'49" 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 S 89047'49" W 1155.95 FEET ALONG THE NORTH LINE OF SAID SECTION 2 TO THE TRUE POINT OF BEGINNING, THENCE S 00°45'49" W 444.42 FEET, THENCE S 85°35'48" W 209.10 FEET, THENCE N 00°25'49" E 459.70 FEET, THENCE N 89°47'49" E 210.95 FEET TO THE POINT OF BEGINNING. CONTAINING 2.1753 ACRES. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Nordick 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 17th day of November, A.D. 1992, and to be presented for final passage on the 15th day of December, A.D. 1992. ayor ATTEST: City Clerk Passed and adopted on final reading this 15th day of December, A.D. 1992. Mayor ATTEST: City Clerk 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 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning District Map adopted pursuant to Chapter 29 of the Code of the City of Fort Collins be, and the same hereby is, changed and amended by including the property known as the Nordick Annexation to the City of Fort Collins, Colorado, in the B-L, Limited Business District: 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 S 89*47149" 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 S 89047'49" W 1155.95 FEET ALONG THE NORTH LINE OF SAID SECTION 2 TO THE TRUE POINT OF BEGINNING, THENCE S 00°45'49" W 444.42 FEET, THENCE S 85°35'48" W 209.10 FEET, THENCE N 00°25'49" E 459.70 FEET, THENCE N 89°47'49" E 210.95 FEET TO THE POINT OF BEGINNING. CONTAINING 2.1753 ACRES. Section 2. 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 17th day of November, A.D. 1992, and to be presented for final passage on the 15th day of December, A.D. 1992_ ayor ATTEST: City Clerk Passed and adopted on final reading this 15th day of December, A.D. 1992. Mayor ATTEST: City Clerk -hb( COMO L# IlI Iod d �:�a\ fn y 1 rp AW.Ws --- Nils• 0 ITEM* NUMBER NORDICK Annexation & Zoning 44-929 A