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HomeMy WebLinkAboutLEMAY AVENUE 3RD ANNEXATION & ZONING - 34-97 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS (3)• COMMITTED TO EXCELLENCE February 23, 1998 Kim Kreimeyer, Planning Technician City of Fort Collins, Current Planning Department PO Box 580 Fort Collins, Colorado 80522 Dear Ms. Kreimeyer: OFFICE OF THE ASSESSOR STEPHEN A. MILLER, CPA PO Box 1190; FORT Coors CO 80522-1190 TELEPwo\::970-499-7050; FAX:970-498-7070 This letter is in reference to your request for valuation information on parcel #87072-00-005. The parcel is located on the southeast corner of Buckingham Street and Lemay Avenue. It contains approximately 1.5 acres and is currently classified by our office as Residential Unplatted Vacant Land. Per our conversation, it is my understanding that the City of Fort Collins may consider annexing this property into the city limits and rezoning under the City of Fort Collins code of Low Density Mixed -Use Neighborhood or possibly an Industrial zone. The current valuation of the property is based on a residential market value as of June 30, 1996. The 1998 valuation of the subject property will not be effected by changes in zoning type or Assessor classification. This parcel, along with all others will be reappraised in 1999 to reflect a June 30, 1998 level of value. If the present zoning of the subject parcel has been changed to either Low Density Mixed -Use or Industrial zone as of the assessment date of January 1, 1999, the valuation will be bases on current market sales pf similarly zoned property of similar size and location. In consideration of the current value on the subject property as well as current active market conditions, a valuation increase in 1999 is likely. Please contact me at (970) 498-7092 if you have any further questions. Sincerely, Larry G. Johnson Deputy Assessor �nnmi C►iI!\►i1 Dtd• VICINITY MAP 12/12/97 #34-97 Lemay Avenue 3rd Annexation and Zoning 1"= 600' Lemay Avenue 3rd Enclave Annexation, #34-97 October 15, 1998 P & Z Meeting Page 4 Existing Zoning This property is currently zoned I, Industrial in Larimer County. The proposed zoning for this annexation is the LMN-Low Density Mixed -Use Neighborhood zone district. The purpose of the LMN zone is: "...to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices, that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community." The City Structure Plan indicates that this property is located within the Industrial District. Although the strict interpretation of the City Structure Plan would result in a recommended zoning of I -Industrial, in determining zoning, recommended zoning must be consistent with the entire comprehensive plan. The I zone is inconsistent with City Plan Principles and Policies, which states that : "...Industrial Districts will be located away from, or adequately buffered from, residential neighborhoods." (City Plan Principles and Policies, Page 203) The types of uses permitted in the Industrial zone are inconsistent with the residential neighborhood which lies adjacent (to the north) of the property. Residential and other permitted uses in the LMN zone district are compatible uses with the existing land use patterns. FINDINGS OF FACT/CONCLUSION: 1. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins, as 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. 3. The recommended LMN, Low Density Mixed Use Neighborhood zone district is in conformance with the policies of the City's Comprehensive Plan. RECOMMENDATION: Staff recommends that the Planning and Zoning Board forward a recommendation to City Council to approve the Lemay Avenue 3rd Annexation and Zoning with a zoning of LMN- Low Density Mixed -Use Neighborhood. Lemay Avenue 3rd Enclave Annexation, #34-97 October 15, 1998 P & Z Meeting Page 3 The third issue pertains to the likelihood of development occurring under County regulations rather than those of the City. The Intergovernmental Agreement between the City of Fort Collins and Larimer County only applies to those land use decisions requiring an action by the Board of County Commissioners. Therefore, development may take place through the issuance of building permits for permitted uses. This area became eligible for involuntary annexation into the City on December 6, 1997. The site is vacant. Any existing commercial signs must conform to the City's Sign Code at the conclusion of a five-year amortization period. This annexation will not increase the total number of off -premise signs that currently exist in the City of Fort Collins. Property Owner's Meeting There was a property owner meeting held on January 27, 1998, at 281 North College. The property owner did not attend that meeting. A letter from the owner is attached. Staff has had phone conversations with the applicant following the date of the property owner's meeting, and in these conversations, the property owner indicated a desire to zone the property I -Industrial. During those conversations, the property owners questioned staff regarding the impact of zoning upon property taxes. In response, staff contacted Mr. Larry Johnson with the County Assessor's Office, and Mr. Johnson researched the issue and prepared a memo that was distributed to the property owner. A copy of the memo is included, and essentially, states that the act of zoning itself will not impact the current value of the property upon which the taxes are based. Mr. Johnson informed staff that the property value would not increase much, if at all, until the property is platted. Property value is one of the factors in the calculation of property tax, as well as the current mill levy, proposed use of the property, and if the property is subdivided. The property will need to be platted if a development proposal is submitted and before a building permit can be pulled. After the property is platted, the property tax will increase depending on the use and if the property is subdivided (see the attached letter from Mr. Johnson). Upon annexation, however, the change in zoning will not initiate an action which would result in an increase in property values, and, therefore, no increase in property taxes will occur until such time the mill levy increases or the property is subdivided. Lemay Avenue 3rd Enclave Annexation, #34-97 October 15, 1998 P & Z Meeting Page 2 COMMENTS: Background: The property is located within the Fort Collins Urban Growth Area (UGA). 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. The property became completely surrounded by the City of Fort Collins through the following annexations: N: Northeast Consolidated Annexation - June 6, 1974 E: Fort Collins Business Center Annexation - September 2, 1986 S: East Lincoln 3rd Annexation - December 6, 1994 W: Northeast Consolidated Annexation - June 6, 1974 The property became eligible for annexation as an enclave on December 6, 1997. The surrounding zoning and land uses are as follows: N: I; single family residential E:I; vacant S:I; vacant W:I; vacant There are several issues related to enclave annexation areas that warrant the City considering their annexation. First is the desirability to consolidate the provision of public safety services. While fire service is provided by the Poudre Fire Authority in both enclave areas and within City limits, police services are limited to areas within the City. The second issue is the ability to avoid confusion among the property owners, surrounding property owners, and the City or County entities. Again, this is related to the provision of public safety services as it is common for those individuals who are part of an enclave to not realize they are actually part of the County, not the City. ITEM NO. 13 MEETING DATE 1OZ15198 6iA STAFF Leanne Harter Citv of Fort Collins HEARING OFFICER STAFF REPORT PROJECT: Lemay Avenue 3rd Enclave Annexation APPLICANT: City of Fort Collins OWNER: Norman L. Royval 322 North Lemay Avenue Fort Collins, Colorado 808524 PROJECT DESCRIPTION: Involuntary annexation and zoning of an enclave area approximately 2.00 acres in size and is located on the east side of North Lemay Avenue, between East Lincoln Avenue and East Vine Drive. The proposed zoning is LMN-Low Density Mixed Use Neighborhood. RECOMMENDATION: Staff recommends approval of the annexation and zoning as LMN-Low Density Mixed -Use Neighborhood. PROJECT DESCRIPTION: This is an involuntary annexation and zoning of an enclave area approximately 2.00 acres in size and is located on the east side of North Lemay Avenue, between East Lincoln Avenue and East Vine Drive. The property is currently vacant. The proposed zoning for this annexation is LMN-Low Density Mixed Use Neighborhood. The property being considered for annexation has, for a period of not less than three (3) years, been completely surrounded by property contained within the boundaries of the City of Fort Collins. The proposed zoning is LMN-Low Density Mixed Use Neighborhood. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT