HomeMy WebLinkAboutREA ANNEXATION AND ZONING 11/25/96 P AND Z BOARD HEARING - 64 93C - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS11-22-1996 10:24AM FROM CITYSCAPE 970 226 4196
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Mr. Eldon Ward
-2-
November 21, 1996
recommends that the property be placed in the HB-Highway Business
Zoning District with a planned unit development (PUD) condition".
This recommendation is directly contradictory to the specific terms
of the Annexation Agreement in that the Annexation Agreement
specifies that the annexation will be permitted by Poudre Valley
only if the City rezones the Property in the City's CL-Limited
Commercial Zoning District without a planned unit development
condition. Therefore the Staff Report has requested the City to
violate the specific terms of the Annexation Agreement in thin
regard. In effect the Staff Report seeks to have the City not to
annex the Property since the recommendation of the Staff is not
consistent with the Annexation Agreement.
Contrary to the statement made by the Staff Report, there are
only two recommendations that the Staff may make for this proposed
annexation and rezoning: 1),annexation and rezoning as provided in
the Annexation Agreement, or 2) no annexation at all.
In order to assure Poudre Valley that the Planning and Zoning
Board, the Staff and the City Council understand the provisions
under which Poudre Valley has submitted the Annexation Agreement and
the Petition 'for Annexation, Poudre Valley requests that the Staff
prepare an acknowledgment that the ettectiveness of the Annexation
Agreement is a condition precedent to the final consideration of the
annexation of the Property, and an acknowledgment of the provisions
of the Agreement regarding rezoning of the Property as a
precondition to final consideration of the annexation of the
Property. Because of the failure of the Staff Report to identify
the nature of the Annexation Agreement as a condition of annexation,
and because of the erroneous recommendation of the Staff regarding
rezoning of the Property, this acknowledgment has become necessary.
The acknowledgment must be made by the Staff and given to the
Planning and Zoning Board for its consideration on November 25,
1996, of the annexation and rezoning of the Property: You are
authorized to deliver a copy of this letter to the City to be made
part of the record of the annexation proceedings applicable to the
Property.
Sincerely,
Randolph W. Starr
Po client
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11-22-1996 10:23AM FROM CITYSCAPE 970 226 4196
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Pale i oi2
RAMOLPS W. STMR, P.C.
ATTORNEY AT LAw
THE PALMER GARDENS
150 EAST 29TH STREET, SUITE 295
P.O. BOX 642
LOVELAND, COLORADO 80539-0642
(970) 667-1029
FACSIMILE (970) 669-3841
RARAQT,PH R. STARR E-Mail RSTARR8553@aol.com
November 21, 1996
Mr. Eldon Ward
Cityscape Urban Design, Inc.
3555 Stanford Road, Suite 105
Fort Collins, CO 60525
ROHHRT C. CHRISTENSEN
DECEASED
Re: Poudre Valley Rural Electric Association, Inc.-
Spradley Barr, L.L.C.
Dear Eldon:
I received your facsimile of the undated Staff Report of the
staff of the City of Fort. Collins Planning and Environmental
Services Planning Department prepared for the November 25, 1996,
meeting of the Fort Collins Planning and Zoning Board (hereafter the
"Staff Report"). There are a number of concerns about the text of
the report which need to be conveyed to the prospective purchaser of
the property and to the representatives of the City.
As you were aware Poudre Valley Rural Electric. Association,
Inc. (hereafter "Poudre Valley") presented an Annexation Agreement
to the City contemporaneously with the delivery of the Petition for
Annexation of the property owned by Poudre Valley at 4809 South
College Avenue (hereafter the "Property") to the City of Fort
Collins, Colorado (hereafter the "City"). The delivery of the
Petition for Annexation was made with the specific agreement of the
City to only pursue the annexation of the Property after the
Annexation Agreement had been approved by the City. In other words,
the Annexation Agreement must be a final, binding agreement between
the City and Poudre Valley ]2rior to the time that the Petition for
Annexation is finally considered by the City Council of the City.
If the Annexation Agreement is not a final, binding agreement
between the City and Poudre Valley prior to the time that the
Petition for Annexation is finally considered by the City Council of
the City, then the Petition for Annexation shall be considered to be
formally withdrawn by Poudre Valley as a result of the City's
failure to approve the Annexation Agreement.
The Staff Report -"recommends approval of the annexation and
V. Other Considerations
In reading the County Rezoning Ordinance (1969) which placed the property under the B,
Business and C, Commercial zones, it is clear the County was trying to limit uses on the front
one-third to a less intense character. The County knew that R.E.A. was proposing an office with
outdoor equipment storage and wanted to limit the outside storage to the rear of the office. The
R.E.A. project complies with County zoning in that the office is located in the B, Business zone,
and the outdoor storage is located in the C, Commercial zone. My reading of the County
Ordinance is that the two zones were established to protect Fairway Estates (County
subdivision), located on the east side of College Avenue. This was done in 1969.
An interesting note, located between R.E.A. and Fairway Estates is a strip of land on the east side
of College Avenue, served by a frontage road, zoned B-L, Limited Business in the City. This
strip is now filled in with low intensity offices that help buffer Fairway Estates from College
Avenue (State Farm, Jensen Homes, etc.).
In reviewing the citizen input from the proposed 1993-1994 annexation/zoning and Preliminary
P.U.D., there is a clear expectation from the Fairway Estates folks that this property carries a
special burden to be a low intensity use. A car dealership is considered more intense and would
likely be strongly opposed. As with the 1993-1994 proposal, there would need to be special
consideration for mitigating the amount of hard surface associated with car dealerships. Site
design elements such as setbacks, landscaping, berming, illumination, signage, and access would
have to upgraded so that the use performs in a high quality manner.
complying with the L.D.G.S. As a permitted use in the C-L zone, there would be no public
review process.
As an alternative, a P.U.D. may be submitted in the C-L zone. This would provide for a public
process with final authority by the Planning and Zoning Board.
Under C-L zoning, the Planning Director must take action to approve or disapprove any
submittal within 14 days. The Code is silent as to whether or not the Planning Director may refer
the item to the Planning and Zoning Board. Appeals from the decision of the Planning Director,
however, may be taken by any party -in -interest to the Planning and Zoning Board in accordance
with the Appeal section of the Code.
III. Big Box Retail in the County
The Business zone in the County specifically states under "Uses Permitted:"
"Places for the conduct of any restricted retail business not of a commercial,
manufacturing or industrial nature."
"Automobile parking areas."
Big box retail would not be allowed in the B, Business zone. The B, Business zone, however
contains a provision that a C, Commercial, use may extend into a B, Business zone by 50 feet as
long as the property is under one ownership. Under this allowance, 50 feet of a big box store
could encroach into the B, Business zone.
Parking for a big box retailer would be permitted under the B, Business, zone as an "automobile
parking area."
Therefore, under existing County zoning, a big box retailer could develop as a use -by -right
without triggering the Intergovernmental Agreement and, therefore, annexation.
IV. Big Box Retail Using the Adjacent Property for Parking
One of the proposals floating around is to use a portion of the adjacent property on the south for
parking. This property is currently a landscape nursery which is leasing the property from Paul
Hefron. This adjacent property is zoned T, Tourist. In the T, Tourist zone, "automobile parking
areas" are allowed as a Use Permitted By Special Review.
If the adjacent property were used for parking, this would trigger a Special Review which, in
turn, triggers the Intergovernmental Agreement which allows the City to annex the property.
MEMORANDUM
TO: John Fischbach, City Manager,
THRU: Greg Byrne, Director, C.P.E.S.
Bob Blanchard, Director, Current Planning
FROM: Ted Shepard, Senior Planner
DATE: August 14, 1996
RE: Poudre Valley R.E.A. Annexation/Future Development
The purpose of this memo is to respond to questions regarding the potential re -development of
the Poudre Valley R.E.A property located at 4809 South College Avenue.
Poudre Valley R.E.A. occupies 9.5 acres west of College Avenue, south of Arbor Plaza
Shopping Center (Wal-Mart). R.E.A. is in the process of moving to Windsor and desires to sell "
their property. The parcel is in the County and zoned B, Business on the front one-third (about
300 feet of lot depth), and C, Commercial on the back two-thirds.
I. County Zoning:
1. Business Zone
The County's Business zone is for most retail, office, and service uses. For example, permitted
uses include banks, drug stores, offices, personal service shops, restricted retail, bookstores,
florist sales, gift shops, hardware and paint stores, shoe repair stores, sporting good stores, t.v.
and radio repair and sales, variety stores, automobile parking areas, gasoline service stations
grocery stores, car washes, and riding stables.
This zone does not allow auto sales. It is more restrictive than the Commercial zone.
2. Commercial Zone
Auto sales are a permitted use in the Commercial zone. This is a more permissive zone for more
intense commercial activities.
II. City Zoning - C-L - Limited Commercial
One of the potential City zones would be the C-L, Limited Commercial zone. This zone allows
automobile sales as a use -by -right. As a permitted use, an application must be made to the
Planning Director which includes a Site Plan, Landscape Plan and Architectural Elevations
6. The parties agree that this Agreement shall be
specifically enforceable by a court of competent jurisdiction. In
the event of a breach of any provision of this Agreement, the
nonbreaching party may ask a court of competent jurisdiction to
enter a writ of mandamus, temporary or permanent restraining
orders,. temporary or permanent injunctions, or orders of specific.
performance to compel the breaching party to perform its duties
under this Agreement and to grant such other relief as may be
accorded by law, it being the intent of this provision to
supplement the general or common law of remedies.
7. The parties agree to sign any further documents
reasonably required by the Owner or the City to carry out the terms
of this Agreement.
8. This Agreement and any amendments to this Agreement shall
be recorded with the Larimer County Clerk and Recorder and shall be
binding upon and inure to the benefit of the transferees,
successors, and assigns of the Owner. Upon conveyance of all or any
portion of the Property by the Owner, the successor in interest
shall be substituted for the Owner under this Agreement; and the
former Owner shall be released from all duties and liability under
this Agreement.
9. This Agreement shall be null and void if the City fails
to approve the annexation of the Property on or before January 15.
97 . This Agreement shall constitute a covenant running with the
title to the Property.
10. This Agreement represents the entire Agreement between
the parties. Any amendments to this Agreement to be effective shall
be in writing.
IN WITNESS WHEREOF, the parties hereto have executed this
Annexation Agreement the day and year first written above.
CITY OF FORT COLLINS, COLORADO
By:
Mayor
ATTEST:
City Clerk
POUDRE VALLEY RURAL ELECTRIC
ASSOCIATION ,
By: �O
C:\OFFICE\PVREA\ANNEXFTC.ASC Its:
September 18, 1996
2. If the annexation of the Property, or any portion
thereof, is challenged by any proceeding or action (including a
referendum), all provisions of this Agreement, together with the
duties and obligations of each party, including payment of all
taxes, fees and charges of any kind or nature, directly or
indirectly imposed by the City and enforcement of all City
ordinances on the Property shall be suspended, immediately upon
filing of the referendum, pending the outcome of the referendum
election. If the challenge results in disconnection of all or any
portion of the Property from the City, then this Agreement and all
provisions contained herein shall be. null and void ab initio and
have no further effect. If the challenge fails, then Owner and the
City shall continue to be bound'by all the terms and conditions of
this Agreement. The period -of suspension of this Agreement shall
end on the date the annexation ordinance is no longer subject to
further legal challenge. Upon such disconnection, the City shall
have. no further obligations or responsibilities as to such
disconnected property, and the Owner shall have no further
obligation to the City.
3. The Property is currently served for water and sanitary
sewer improvements through the Fort Collins/Loveland Water District
and the South Fort Collins Sanitation District, and it shall not be
necessary for the City to serve the Property. The Property is
served by the Owner for electric service, and the duty and
obligation for electric service shall remain with the Owner until
the Property is sold by the Owner to a third party, at which time
the Agreement between the City and the Owner regarding provision
for electric service shall become effective. The Owner has storm
drainage improvements in place that provide effective drainage for
the Property; and no further storm drainage improvements on other
property shall be required. The City will accept ownership of any
storm drainage facilities on the Property. The Property has
certain raw water rights that the City agrees the Owner may
continue to be used for irrigation of the Property. If the Owner
desires to transfer such raw water rights to the City in exchange
for any requirement for contribution of raw water rights of the
City, the City agrees to accept such rights, and then allow the
Owner to use such rights for irrigation. No off site improvements
shall be required by the City for development of the Property since
all such improvements are in place.
4. In the event any ordinance becomes effective in the City
within twenty years after the effective date of the annexation
ordinance, and such ordinance alters and limits any Owner's right
to use the Property as contemplated by this Agreement, then the
City, upon the written request of Owner, will proceed to take all
necessary action to immediately disconnect of the Property from
the City's boundaries, and the Property may not be annexed
subsequently except by voluntary petition by the Owner.
5. Except as set forth in this Agreement, the Property
shall be subject to the police power and legislative authority of
the City, after final annexation of the Property.
AZIZ • i
THIS ANNEXATION AGREEMENT is made and entered into this 18th
day of- September 1996, between the CITY OF FORT COLLINS,
COLORADO, a Colorado municipal corporation, hereinafter referred to
as the "City" and POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC.,
a Colorado corporation, hereinafter referred to as the "Owner."
RECITALS:
The following recitals are a material part of this
Annexation Agreement (the "Agreement").
A. Owner is the owner of property more fully described on
Exhibit A attached hereto and incorporated herein by reference (the
"Property").
B. Owner has determined that it is desirable for the future
development of the Property to annex the Property into the City and
has, contemporaneously with the effectiveness of this Agreement,
filed a Petition to annex the Property (the "Petition") to the
City; and the Petition is on file with the City Clerk.
C. The City desires to approve and accept the Petition for
Annexation and to annex the Property to the City.
D. The Owner and the City desire to establish conditions
with regard to the use of the Property and to provide for zoning of
the Property and certain requirements for the subsequent
development of the Property.
E. The Owner and the City desire to establish conditions
with regard to this annexation and the use of the Property and to
provide for the zoning of the Property in accordance with Colorado
law and to establish certain requirements for the subsequent
development of the Property.
NOW, THEREFORE, the parties agree as follows:
1. The Owner has, contemporaneously with the effectiveness
of this Agreement, petitioned for annexation of the Property to the
City upon the expectation and agreement of the City that the City
will zone the Property in the City's C-L zone without a PUD
condition. Pursuant to §31-12-115, C.R.S., the Property shall be
zoned within thirty days of the effective date of the annexation
ordinance as provided in the Agreement. If zoning in the City's C-
L zoning classification is not finally approved by appropriate
ordinance within thirty days after the date that the annexation
ordinance and is no longer subject to further legal challenge, the
City will upon the request of any Owner proceed to enact an
ordinance disconnecting the Property from the City. Upon such
disconnection, the City shall have no further obligations or
responsibilities as to the Property; and the Owner shall have no
further obligations or responsibilities to the City.
1
ATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado 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 East line
of the Northeast Quarter of said Section 2 as bearing S 000 37' 58" 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 000 37' 58" W
995.83 feet, and again N 800 01' 01" W 49.51 feet to the true point of beginning;
thence S 000 35' 38" W 450.00 feet; thence N 890 01' 02" W 909.52 feet; thence
N 000 43' 58" E 450.00 feet; thence S 891 01' 01" E 908.43 feet to the point of
beginning.
Containing 9.3901 acres more or less.
-5-
ATTORNEY CERTIFICATION
I, RANDOLPH W. STARR an 'attorney licensed to
practice in the State of Colorado, hereby certify that I have examined the records of the Clerk
and 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.
Signature
SEPTEMBER 18, 1996
Date
-4-
LEGAL DESCRIPTION OF REAL PROPERTY
INCLUDED IN THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado to -wit:
Please see attached.
Owner's Signature
Address
City State Zip
Date
-3-
POUDRE VALLEY RURAL ELECTRICAL
ASSOCIATION, INC.
Owner's Sign ure
7649 REA PARKWAY
Address
FORT COLLINS, CO 80528
City State Zip
SEPTEMBER 18, 1996
Date
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 Si4nature
Subscribed and sworn to /beefore me this � �� day of ����o r, ,
1996, by x(J_ di"e'L a.). � dI4
Witness my hand and official seal.
My Commission expires: dlltae /,J lel,71
v
Notary PutIV
-2-
PETITION FOR ANNEXATION
The undersigned hereby petition the Council of the City of Fort Collins, Colorado, for
the annexation of an area, to be referred to as the REA Annexation to the City of Fort Collins.
Said area, consisting of approximately 9.39 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 31-12-104and 31-12-105, 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.
M1 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.
The petitioner specifically reserves the right to withdraw this petition at any time prior
to the Second Reading of the Annexation by the Council of the City of Fort Collins, Colorado;
and/or as provided in the attached Annexation Agreement.
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 CL - Limited Commercial Zoning District pursuant to Chapter 29 (Zoning) of the
Code of the City of Fort Collins.
No Text
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REA Annexation and& Zoning - #47-95,A
November 25, 1996 P & Z Meeting
Page 5
Staff is recommending that this property be excluded from the Residential Neighborhood
Sign District, which was established for the purpose of regulating signs for non-residential
uses in certain geographical areas of the City which may be particularly affected by such
signs because of their predominantly residential use and character. Properties along South
College Avenue have been excluded from the District, since this area is a
community/regional shopping and business service uses corridor that is not planned to
provide neighborhood -oriented land uses. A map amendment would be necessary to place
this property on the Residential Neighborhood Sign District Map.
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 the eligibility requirements included in State law to qualify for a
voluntary annexation to the City of Fort Collins.
3. On November 5, 1996, the City Council considered and approved a resolution
determining that the proposed 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 December 17, 1996.
4. The HB Zoning District is appropriate for this site based on adjacent zoning and the
location fronting on South College Avenue.
5. A PUD condition will ensure staff and public review of any subsequent development
proposal.
STAFF RECOMMENDATION:
Staff recommends approval of the annexation and recommends that the property be
placed in the HB - Highway Business Zoning District with a PUD condition.
Staff is recommending that this property be excluded from the Residential Neighborhood
Sign District. A map amendment will be necessary to place this property on the Residential
Neighborhood Sign District Map.
REA Annexation and& Zoning - #47-95,A
November 25, 1996 P & Z Meeting
Page 4
4. Attaching a PUD condition to the zoning district.
5. Requiring an annexation agreement between the applicant and the City.
6. Imposing zoning conditions.
The applicant has submitted an Annexation Agreement with the Petition that includes a
disconnection clause stating that:
"The Owner has, contemporaneously with the effectiveness of this Agreement,
petitioned for annexation of the Property to the City upon the expectation and
agreement of the City that the City will zone the Property in the City's C-L zone
without a PUD condition. Pursuant to Section 31-12-115, C.R.S., the Property shall
be zoned within thirty days of the effective date of the annexation ordinance as
provided in the Agreement. If zoning in the City's C-L zoning classification is not
finally approved by the appropriate ordinance within thirty days after the date that
the annexation ordinance (sic: is effective) and is no longer subject to further legal
challenge, the City will upon the request of any Owner proceed to enact an
ordinance disconnecting the Property from the City. Upon such disconnection, the
City shall have no further obligations or responsibilities as to the Property; and the
Owner shall have no further obligations or responsibilities to the City."
A copy of the Annexation Agreement is attached to the staff report. The Planning and
Zoning Board may consider the disconnection clause and make a recommendation to City
Council on it if they determine it to be appropriate.
Staff believes that the CL - Limited Commercial Zoning District was adopted by City
Council in 1991 to specifically address issues at that time related to the existing and
proposed land uses in the Riverside Avenue corridor. In fact, this is the only area in the
City where CL zoning currently exists. Properties surrounding the subject property on
South College Avenue are in the hb - Highway Business, BL - Limited Business, and by -
Planned Business Zoning Districts and the placement of this property in the CL District
could be considered to be "spot zoning". Staff is recommending that the property be placed
in the HB - Highway Business Zoning District with a PUD condition attached. It is staffs
opinion that even though automobile sales is not expressly permitted in the HB Zoning
District, it meets the intent of the District by being an automobile -oriented business. The
PUD condition could allow automobile sales and provide for adequate staff and public
review of any development submittal. Regardless of the proposed land use, the HB Zoning
District with a PUD condition is most appropriate in this location based on adjacent zoning
to the north and its location along South College Avenue.
REA Annexation and& Zoning - #47-95,A
November 25, 1996 P & Z Meeting
Page 3
The surrounding zoning and land uses are as follows:
N: hb; existing shopping center (Arbor Plaza PUD)
E: BL; existing various business and commercial uses
S: T-Tourist in Larimer County; existing business (Fossil Creek Nursery)
W: FA -Farming in Larimer County
Analysis:
The requested zoning for this annexation is the CL - Limited Commercial Zoning District.
The expressed purpose of this request is to develop an automobile sales business for the
Spradley-Barr dealership that currently operates at the southwest corner of South College
Avenue and Drake Road. Automobile sales is a permitted "use -by -right" in this District.
There are numerous other uses permitted in the CL District.
As a permitted use in the CL Zoning District, an application must be made to the Director
of Planning which includes a Site Plan, Landscape Plan, and Architectural Elevations
complying with the Land Development Guidance System (LDGS). Also, as a permitted use
in the District, there would be no public review process. The Director shall hold an
administrative review hearing to consider proposals filed which qualify for design review
of permitted uses. Written notice of such administrative review hearing shall be given to
owners of record of all real property within a minimum of 500' of the subject property. City
Code permits the Planning Director to refer the item to the Planning and Zoning Board if
the Director determines that the proposal raises issues that require further public hearing
and discussion, or if any party -in -interest requests such referral. Appeals on the decision
of the Director of Planning may be taken by any party -in -interest to the Board in
accordance with the Appeal section of the Code.
As an alternative, a PUD may be submitted in the CL Zoning District. This would provide
for a public process, with the final authority by the Planning and Zoning Board. However,
the applicant is requesting the CL Zoning District with no conditions attached. The options
for recommending a zoning designation with the annexation are:
Granting the zoning district as requested by the applicant (CL - Limited
Commercial with no conditions).
2. Granting the zoning district as recommended by staff (HB - Highway
Business with a PUD condition).
3. Granting any one of the other zoning districts that are available in the City of
Fort Collins Zoning Ordinance.
REA Annexation and& Zoning - #47-95,A
November 25, 1996 P & Z Meeting
Page 2
The property is developed, having been the headquarters for Poudre Valley REA for many
years, and it is in the Business and Commercial Zoning Districts in Larimer County. This
is a 100% voluntary annexation.
Staff is recommending that the property be placed in the HB - Highway Business Zoning
District with a PUD condition.
Background:
The applicant, Spradley-Barr, c/o Cityscape Urban Design, Inc, on behalf of the property
owners, Poudre Valley REA, has submitted a written petition requesting annexation of 9.39
acres located on the west side of South College Avenue, south of Harmony Road and the
Arbor Plaza Shopping Center, and north of Fossil Creek Nursery. The Burlington Northern
Railroad is adjacent along the west property line. This is a 100% voluntary annexation.
The property is currently developed, having been the headquarters for Poudre Valley REA
for many years, and is zoned B - Business (on the front 1/3, about 300' of lot depth) and
C - Commercial (on the back 2/3) in Larimer County. The County's Business zone is for
most retail, office, and service uses. This zone does not allow automobile sales and is
more restrictive than the Commercial zone. Automobile sales are a permitted use in the
Commercial zone. This is a more permissive zone for more intense commercial activities.
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 agree
to consider annexation of property in the UGA when the property is eligible for annexation
according to State Law. This property complies with State regulations by meeting the
requirement for 1/6 contiguity to existing City limits. This occurs through common
boundaries with the Arbor Commercial Annexation (May, 1981) to the north and the
Fairway Estates Business Annexation (January, 1981) to the east.
This property was the subject of an annexation and zoning request in late 1993. That
application included a request for the HB - Highway Business Zoning District. Staff
recommended HB with a PUD condition. The Planning and Zoning Board recommended
HB with a PUD condition. City Council action was to approve annexation of the property
at first reading and postpone consideration of the zoning. The applicant withdrew the
application for annexation and zoning after this action was taken.
ITEM NO. 12
MEETING DA
STAFF Steve Cl 11 /25/96
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT (14 _ a;�C-*
PROJECT: REA Annexation and Zoning - #4 4)&,A-'
APPLICANT: Spradley-Barr A'tl 'i meujlge� *rG6t2&S
c/o Cityscape Urban Design, Inc. Vo�G � �/ —
3555 Stanford Road, Suite 105 `{ *40 f `W , Vj
Fort Collins, CO. 80525 m' 1*
OWNER: Poudre Valley REA
7649 REA Parkway
Fort Collins, CO. 80528�
. CL-
PROJECT DESCRIPTION:
1P.
This is a request to annex and zone 9.39 acres to ed one west side of South College
Avenue, south of Harmony Road and the Arbor Plaza Shopping Center, and north of Fossil
Creek Nursery. The Burlington Northern Railroad is adjacent along the west property line.
The property is developed and is in the Business and Commercial Zoning Districts in
Larimer County. The requested zoning in the City is CL - Limited Commercial.
RECOMMENDATION:
Staff recommends approval of the annexation and recommends that the property be
placed in the HB - Highway Business Zoning District with a planned unit development
(PUD) condition.
Staff is recommending that this property be excluded from the Residential Neighborhood
Sign District. A map amendment will be necessary should the Planning and Zoning Board
recommend that this property be placed on the Residential Neighborhood Sign District
Map.
EXECUTIVE SUMMARY:
This is a request to annex and zone 9.39 acres located on the west side of South College
Avenue, south of Harmony Road and the Arbor Plaza Shopping Center, and north of Fossil
Creek Nursery. The Burlington Northern Railroad is adjacent along the west property line.
The requested zoning is CL - Limited Commercial Zoning District with no conditions. The
expressed purpose of this request is to develop an automobile sales business for the
Spradley-Barr dealership that currently operates at the southwest corner of South College
Avenue and Drake Road.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750
PLANNING DEPARTMENT