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Home My WebLink AboutWEINER (ENCLAVE) ANNEXATION & ZONING - 36-06 - REPORTS - RECOMMENDATION/REPORTWeiner Annexation and Zoning - #36-06 January 18, 2007 P & Z Meeting Page 4 Staff is recommending that these properties be included in 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. A map amendment would not be necessary to include these properties in the Residential Neighborhood Sign District on the 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. 2. The area meets the eligibility requirements included in State law to qualify for an involuntary annexation to the City of Fort Collins. 3. On January 16, 2007, the City Council considered 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 February 20, 2007. 4. The LMN - Low Density Mixed -Use Neighborhood Zoning District is appropriate for this site based on adjacent zoning and existing land uses. STAFF RECOMMENDATION: Staff recommends approval of the annexation and recommends that the properties be placed in the LMN - Low Density Mixed -Use Neighborhood Zoning District. Staff is recommending that these properties be included in the Residential Neighborhood Sign District. A map amendment would not be necessary to include these properties in the Residential Neighborhood Sign District on the map. Weiner Annexation and Zoning - #36-06 January 18, 2007 P & Z Meeting Page 3 resolutions initiating annexation proceedings, no public hearing on the proposed annexation ordinance shall be required, and the first publication of notice shall be at least thirty days prior to the adoption of the ordinance. The property is located within the Fort Collins Growth Management Area (GMA). According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State Law. Pursuant to the Intergovernmental Agreement the following sections are relevant to the Arbor South Second Annexation and Zoning: Section 8 - Annexations Section 8.A. It is the City's intent to annex properties within the GMA as expeditiously as possible. Section 8.D. The City agrees to pursue involuntary annexation of any parcel that becomes eligible for involuntary annexation. These properties comply with State regulations by meeting the requirement for 1/6 contiguity to existing City limits. These properties are an enclave (completely surrounded by the City of Fort Collins since 2002) and gain the required 1/6 contiguity to existing City limits from common boundaries with the Webster Farm Annexation (February, 2002) to the east, the H. H. - 36 Annexation (December, 1998) to the south, and the Ruff Annexation (September, 1998) to the north and west. The surrounding zoning and land uses are as follows: N: LMN in City of Fort Collins; existing residential (Harvest Park) E: LMN in City of Fort Collins; existing school (Fossil Ridge High) S: LMN in City of Fort Collins; existing residential (Sage Creek) W: LMN in City of Fort Collins; existing residential (Harvest Creek, Sage Creek) Analysis: The recommended zoning for this annexation is the LMN - Low Density Mixed -Use Neighborhood Zoning District. There are numerous uses permitted in this District, subject to either administrative review or review by the Planning and Zoning Board. The City's adopted Structure Plan, a part of the Comprehensive Plan, suggests that a Low Density Mixed -Use Neighborhoods designation is appropriate in this location. Weiner Annexation and Zoning - #36-06 January 18, 2007 P & Z Meeting Page 2 EXECUTIVE SUMMARY: This is a request to annex and zone 7.55 acres located on the west side of Ziegler Road, south of Rock Creek Drive, and north of Kechter Road. Fossil Ridge High School is directly to the east, across Ziegler Road. This annexation request consists of two properties (5117 Ziegler Road and 5305 Ziegler Road) that are developed as single-family residences with several outbuildings. The property at 5117 Ziegler Road contains an existing livestock feedlot (not operating) and the property at 5305 Ziegler Road contains a commercial business (Express Concrete). The McClelland's Channel runs along the south property line of 5305 Ziegler Road. This is an involuntary (enclave) annexation. The properties are in the FA1 - Farming Zoning District in Larimer County. The requested zoning in the City of Fort Collins is LMN - Low Density Mixed -Use Neighborhood. Staff is recommending that the properties be placed in the LMN - Low Density Mixed -Use Neighborhood Zoning District, which is in conformance with the City's Structure Plan, and that they be included in the Residential Neighborhood Sign District. Although the proposed enclave annexation is an involuntary action, the property owner of 5305 Ziegler Road has been contacted and has not expressed an objection to the annexation. An attempt to contact the property owners of 5117 Ziegler Road has been made; however, these property owners have not yet responded. Background: This in an involuntary annexation, initiated by the City of Fort Collins. The area to be annexed is the entirety of an enclave that has been surrounded by the City of Fort Collins for more than three years; therefore, no annexation petition is required for this annexation. In accordance with CRS 31-12-106 Annexation of Enclaves, Partially Surrounded Land, and Municipally Owned Land, when any unincorporated area is entirely contained within the boundaries of a municipality, the governing body may by ordinance annex such territory to the municipality without complying with: • CRS 31-12-104 Eligibility for Annexation; or • CRS 31-12-105 Limitations; or • CRS 31-12-108 Setting Hearing Date; or • CRS 31-12-109 Hearing, if said area has been so surrounded for a period of not less than three years; except that notice of the proposed annexation ordinance shall be given by publication as provided by Section 31-12-108; however, for notices of annexation petitions and ITEM NO. 1 MEETING DATE 1 / 18 / 07 6iA STAFF Steve Olt Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Weiner Annexation and Zoning - #36-06 APPLICANT: City of Fort Collins OWNERS: Ronald & Paula Ruff 5117 Ziegler Road Fort Collins, CO. 80528 Mitch A. Weiner 3139 Rookery Road Fort Collins, CO. 80528 Express Concrete Inc. 5305 Ziegler Road Fort Collins, CO. 80528 PROJECT DESCRIPTION: This is a request to annex and zone 7.55 acres located on the west side of Ziegler Road, south of Rock Creek Drive, and north of Kechter Road. Fossil Ridge High School is directly to the east, across Ziegler Road. This annexation request consists of two properties (5117 Ziegler Road and 5305 Ziegler Road) that are developed as single-family residences with several outbuildings. The property at 5117 Ziegler Road contains an existing livestock feedlot (not operating) and the property at 5305 Ziegler Road contains a commercial business (Express Concrete). The McClelland's Channel runs along the south property line of 5305 Ziegler Road. This is an involuntary (enclave) annexation. The properties are in the FA1 - Farming Zoning District in Larimer County. The requested City zoning upon annexation is LMN - Low Density Mixed -Use Neighborhood. RECOMMENDATION: Staff recommends approval of the annexation and recommends that the property be placed in the LMN - Low Density Mixed -Use Neighborhood Zoning District. Staff is recommending that these properties be included in the Residential Neighborhood Sign District. A map amendment would not be necessary should the Planning and Zoning Board recommend that these properties be included in the Residential Neighborhood Sign District on the map. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT