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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 -2- !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. -4-