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HomeMy WebLinkAboutTIMBERLINE ANNEXATION AND ZONING - 40 91, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 7 MEETING DATE 10/19/92 STAFF Ken Waido City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Timberline Annexation and Zoning - #40-91, A APPLICANT: City of Fort Collins OWNERS: Spring Creek Farms, Inc. c/o Glen Johnson 3432 Carlton Ave. Ft. Collins, CO 80525 Cargill, Inc. P.O. Box 9300 Dept. 5 Minneapolis, MN 55440 General Steel Industries, Inc. c/o Randall, Rudolph & Assoc., Inc. P.O. Box 610026 Dallas, TX 75261 Energy Coatings Co., c/o Randall, Rudolph P.O. Box 610026 Dallas, TX 75261 Fort Collins Pipe Co. P.O. Box 300 Lone Star, TX 75668 Inc. & Assoc., Inc. PROJECT DESCRIPTION: Annexation and zoning of an enclave area approximately 435.237 acres in size located generally east of the Union Pacific Railroad tracks, north of East Drake Road, and south and west of the Burlington Northern Railroad tracks. The suggested zonings include 23.99 acres of the I-P, Industrial Park, District, and 411.247 acres of the T-Transition, District. RECOMMENDATION: Staff recommends approval of the annexation and suggested zonings. EXECUTIVE SUMMARY: This is an annexation and zoning of an enclave area approximately 435.237 acres in size located generally east of the Union Pacific Railroad tracks, north of East Drake Road, and south and west of the Burlington Northern Railroad tracks. The suggested zonings include 23.99 acres of the I-P, Industrial Park, District, and 411.247 acres of the T-Transition, District. The COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Colhns, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT Timberline Annexation and Zoning, #40-91,A October 19, 1992 P & Z Meeting Page 2 property is mostly undeveloped, although located along the west side of Timberline Road are the (vacant) Fort Collins Pipe Co. and (ENCOAT) Energy Coatings Co. Existing commercial signs located on these properties will have to conform to the City's Sign Code at the conclusion of a five year amortization period. Timberline Annexation and Zoning, #40-91,A October 19, 1992 P & Z Meeting Page 3 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 consider the annexation 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: East Prospect Road First Annexation, September 6, 1973. E: Rigdon Farm Annexation, August 16, 1988. East Prospect Road First Annexation, September 6, 1973. S: Blue Spruce Farm Annexation, October 6, 1987. Greenwalt Tenth Annexation, June 21, 1977. Rigdon Farm Annexation, August 16, 1988. W: Union Pacific South Second Annexation, May 17, 1988. This area has thus been eligible for involuntary annexation into the City since August 16, 1991. On September 19, 1991, 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. Staff received several questions from Spring Creek Farms, Inc., the largest single property -owner (352 acres) within the annexation. No subsequent contact was made from other the property owners. All property owners were renotified, on September 2, 1992, of the new Planning and Zoning hearing date. Mr. Glen Johnson of Spring Creek Farms, Inc., a major farming operation, met with staff and requested information related to pesticide application, stormwater management, ditch maintenance, and the paying of "urban" improvements. Spring Creek Farms, Inc., also owned property which was included in the Harmony No. 4 Annexation (1977). At that time, an agreement was reached between Spring Creek Farms Inc., and the City of Fort Collins dealing with farming activities and the payment of "urban" improvements related to the Harmony No. 4 Annexation. Mr. Johnson has requested that a similar agreement be developed related to the Timberline Annexation. Planning staff prepared a similar agreement for use in conjunction with this annexation (draft copy attached). The City Attorney's office was late in indicating that in order for the City to grant the "urban" improvements provisions of the agreement, Spring Creek Farms, Inc., would have to "give" something to the City. The City Attorney's office suggests that Spring Creek Farms dedicate arterial streets rights -of -way along both Drake and Timberline Roads as a "quid pro quo" to the City. Staff is still Timberline Annexation and Zoning, #40-91,A October 19, 1992 P & Z Meeting Page 4 discussing the issue with Spring Creek Farms and will update the Board at the Friday work session. Zoning. The suggested zonings for this annexation include 23.99 acres of the I-P, Industrial Park, District, and 411.247 acres of the T- Transition, District. The I-P District designation is for light industrial park areas containing controlled industrial uses located in proximity to areas zoned for residential use and/or along arterial streets. The sites of Fort Collins Pipe and Energy Coating companies are suggested for the I-P zone. The areas to the west of these companies are zoned R-L-Pr Low density Planned Residential, and R-P, Planned Residential, and are developed as the Parkwood East Subdivision and the Parkwood East Apartments. Timberline Road is planned to be a major (6-lane) arterial street. Also, located to the west is EPIC and Spring Creek Park. The existing uses would become legal non- conforming uses under the I-P Zone. The existing uses may continue under the I-P Zone and even expand through the "expansion to a non- conforming use process" which requires a hearing by the Planning and Zoning Board. New uses will have to conform to the requirements of the I-P Zone or be processed as a Planned Unit Development (PUD) and be reviewed according to the criteria of the LAND DEVELOPMENT GUIDANCE SYSTEM (LDGS). These properties will probably eventually redevelop with industrial uses which could require greater public scrutiny than the former uses received. The T-Transition, District designation is for properties which are in a transitional stage with regard to ultimate development. The only uses allowed within the T Zone are the uses which existed at the time the T Zone was placed on the properties. The agricultural areas within the annexation, including the properties owned by Spring Creek Farms, Inc., are suggested to be placed into the T Zone. When urban development is proposed on these properties they would have to be rezoned to a zone which allows development. 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. Timberline Annexation and Zoning, #40-91,A October 19, 1992 P & Z Meeting Page 5 3. On October 6, 1992, the City Council considered a resolution setting forth the intent to annex this property. Ordinances annexing and zoning the property will be considered by the City Council on November 17, 1992. 4. The requested I-P, Industrial Park, and T, Transition, Zoning Districts are in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends approval of the annexation and suggested zoning. TIMBERLINE ANNEXATION ITEM: TIMBERLINE ZONING NUMBER: 40-91, A DT: April 6, 1993 TO: Ken Waido FR: Dennis Sumner RE: Questions related to Energy Coatings (ENCOAT) Annexation Confirming our telephone conversation with ENCOAT concerning the impacts on related to an annexation by the City understanding that this issue was put Council and therefore any follow-up a If this has changed or you would like please let me know. I have not had any recent discussions electric service which would be of Fort Collins. This is based on my on "indefinite hold" by the City t this time would be inappropriate. additional follow-up on from FCL&P The following background information is offered for your reference: At the City Council meeting on 1/18/93 there were various questions about electric costs associated with a proposed annexation which included Encoat, a pipe coating business located at 1931 Timberline Rd. The primary ques- tions related to electric cost comparisons between Fort Collins Light and Power and Public Service Co. In this specific situation Encoat has an extremely large intermittent load and is currently on an industrial interruptible rate from Public Service Co. On this rate Encoat has experienced only a handful of interruptions per year at an electric cost approximately 2.9% below the equivalent rate offered by Light and Power. Given that Light and Power.industrial rates average 10.18% below Public Service Co. a more complete explanation of this specific situation may be useful to you. Industrial rates have two major components, demand (measured in kilowatts) and energy (measured in kilowatt-hours), and the relationship between these two components basically determines a customer's cost for electricity. Encoat is an atypical load. The nature of this business is to use large amounts of electrical energy in a sporadic--fashi-on_. Thi.s_.use_paA.tern rap: -- resents an inefficient use of the capital intensive electric utility system and therefor the cost per unit to serve and purchase increases with this inefficient pattern. The extent of this sporadic use may be quantified in terms of "Load Factor". ENCOAT's load factor ranges from 6.3% to 17.8 %. This is contrasted with average load factors in the range 50% and higher for current large industrial customers of the City. Another important issue for this customer relates to the number of electri- cal interruptions which result from an interruptible service rate - inter- ruptions have a negative impact on production for ENCOAT. Public Service's has a competitive advantage here. Due primarily to a recent change in our wholesale supplier's rates (i.e. Platte River Power Authority), the number of controls required from FCL&P could be significantly reduced from the original estimate given to ENCOAT, approximately 40 interruptions per year. However, it would likely remain notably higher than the 2 to 3 they have experienced from Public Service Co. Based on the Council decision on annexation this discussion has not been furthered with Encoat. cc: Bob Kost Allen Boushee Utility � _ vices Stormwater City of Fort Collins M E M O R A N D U M Date: April 4, 1993 To: Ken Waido, Chief Planner FROM: Kevin McBride, Stormwater Quality Coordinator, RE: Timberline Annexation This memo addresses issues of environmental quality and regulations surrounding the properties along Timberline Road which have the potential to be annexed into the city. During our meeting on March 25 we discussed, stormwater fees which would be required if the annexation occurred and, environmental regulations which may apply to the site. The annexation lies mainly within the Foothills Basin with current stormwater development fees of $5,501/acre. The land within Spring Creek Basin would be charged development fees of $1,804/acre. The monthly fees for the developed properties, as they now stand, are estimated to be: Encoat $473.59, Fort Collins Pipe $406.02, Cargill Inc. $487.62, Spring Creek Farms $14.12 General Steel property is undeveloped, no monthly fee. With regard to potential environmental problems on the site we discussed three possible ares of impacts, groundwater, soil and stormwater contamination. Unfortunately the situation is complex from a jurisdictional standpoint. For stormwater (surface) runoff, the city has an ordinance in place such that any pollution leaving the site and having the potential to cause significant impairment to a water body, could be found in violation. This could carry a $1000 per occurrence fine. Other environmental programs are generally under state jurisdiction through the Colorado Department of Health (CDOH) 235 Mathews • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6589 • FAX (303) 221-6239 Leaking underground storage tanks, hazardous materials in groundwater, hazardous waste in soils, waste (not hazardous), and stormwater, would all be handled by separate programs at CDOH. The site, depending upon its SIC code, is likely to require an industrial stormwater discharge permit from CDOH. This applies weather the site is annexed or not. Support for other state programs is given by the Larimer County Environmental Health Department. PFA is involved in controlling fire and explosive dangers at remediation sites (i.e. tank removals) and will respond to spills for initial containment. I hope that this answers the questions that were rased. Please give me a call if you have additional questions or need clarification on anything here.