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HomeMy WebLinkAboutOVERLAND TRAIL 3RD ANNEXATION & ZONING (ENCLAVE) - 16-97 - CORRESPONDENCE - OTHER JURISDICTIONS (5)08/06/1997 10:50 3034987711 is LAR CO PLNG Is PAGE 03 December 17, 1996 1 John A. Pedas Larimer County Planning Department P.O. Box 1190 Fort Collin , Colorado 80522 Dear Mr. Pedas; Rex S. Miller 3833 Spruce Dr. Ft. Collins, Co. I am writing in response to your letter dated November 20, 1996. I began parking recreational vehicles on the southwest corner of the intersection of Prospect and Overland believing that there was an established non farm, commercial use by Public Service Co. As a result of our meeting, I now realize that my assumption regarding the prior use was incorrect. I met with Ken Wado and Steve Olt of the Fort Collins planning staff to inquire about the feasibility of seeking annexation and the proper zoning to correct the current zoning violation. Ken Wado told me that the City would not be able to process an annexation petition until March of 1997 because of an upcoming vote on the new zoning map now under consideration by the Fort Collins City Council. I would ask that the Larimer County Commissioners postpone their decision on this matter until April of 1997 to give me an oppor- tunity to resolve this situation with the City of Fort Collins. By extending the deadline for the termination of my current activities I will not be forced to evict my tenants during the winter months without giving enough notice for them to relocate thier vehicles. Thank you for your consideration in this matter. Sincere , Rex S. Miller 08/06/1997 10:50 3034987711 LAR GO PLNG PAGE 02 Pursue annexation of this property earlier is because of the current IGA with the County and they have been waiting for the City to revisit the IGA or revisit the entire issue of zoning. Mr. Miller admitted that he was wrong in his assumption that he had a pre-existing non -conforming use of the property; he noted that in addition to the purchase price of the property, they have spent an additional $30,000 improving it and it will take at least three years to break even. Mr. Miller agreed that the area should be screened and bermed and they would be willing to do that; they just need time. At this time the public comment portion of the hearing was closed and opened for Commissioner—s comments. Chair Clarke stated that he is concerned that the Fort Collins moratorium is depriving Mr. Miller from a reasonable use of his property; however, there is no question, based on County zoning, that a zoning violation exists. Therefore, he insists that Mr. Miller do something at the earliest possible moment after the moratorium in the City of Fort Collins is over to petition to have this property annexed. Since Mr. Davidson is concerned about the number of vehicles stored on this property, Mr. Pedas suggested that the Board condition the time extension for compliance by insisting that no more vehicles can be brought to the property and, once the existing vehicles are removed from the property, they ate not allowed back until a plan is approved. Commissioner Disney asked about the access concern. At this time Mr. Miller requested an opportunity.to respond to this concern. MOTION Commissioner Disney moved that the Board of County Commissioners reopen the hearing to provide an opportunity for Mr. Miller to address the Board. Motion carried 2 - 0. Mr. Miller discussed the access concern; he noted that when you drive straight onto this property from Prospect, or pull off Overland Trail, you make a left turn to the south and there is an area 70 to 80 ft. on their property to allow people to maneuver their vehicles and get off the main street. MOTION Commissioner Disney moved, in the matter of the Miller Outdoor Storage Lot Violation, that the Board of County Commissioners find that a violation exists, direct staff to visit the property tomorrow and count the number of vehicles on the property, and not allow that number to be exceeded and, as vehicles are removed from the property, they are not to be replaced until such a time that this matter is resolved, and that Mr. Miller show evidence to Mr. Pedas that at the earliest possible opportunity he applied to the City of Fort Collins for annexation of this property. Motion carried 2 - 0. The meeting adjourned at 6:30 p.m. TUESDAY, JANUARY 14,1"7 REORGANIZATION OF THE BOARD (I1135 @ 300) The Board of County Commissioners met at 2:00 p.m. is regular session with Frank Lancaster, County Manager. Chair Clarke presided and Commissioners Disney and Olson were present. Also present were: Neil Gluckman, Assistant County Manager; and Donna Hart, Commissioners Office Staff Services Manager. Recording Clerk, S. Graves. fSls;/!/p�/wWw/bedDctmINBC97011),HlM ti `1/22/91 l:39:37an-t 6of9 ! 08/06/1997 10:50 3034987711 LAR CO PLNG PAGE 01 • provide an opportunity for Mr. Wright to address the Board. ���• Motion earned 2 - 0. Mr. Wright assured the Board that they will do anything they can to continue their use and get along with their neighbors; however, he noted that he has not felt comfortable discussing these matters with his neighbors because on two separate occasions Mr. Russell threatened his life. Mr. Russell countered that he only threatened to shoot Mr. Wright when Mr. Wright threatened to shoot his dogs for getting into his yard; he noted that his dogs are his family. MOTION Commissioner Disney moved that at this time the Board of County Commissioners do not find a violation exists in the matter of the Wright Riding Arena; however, they reserve the right to make that decision at a later date and encourage staff to work with the neighbors to come up with a plan for the operation of this facility which can meet the needs of the property owner and the neighbors. Motion carried 2 - 0. - 5. MILLER OUTDOOR STORAGE LOT ZONING VIOLATION (#96-ZV0929): 2M7-69 AT THE SOUTHWEST CORNER OF THE INTERSECTION OF WEST PROSPECT AND SOUTH OVERLAND TRAIL This alleged violation is for operating an outdoor storage lot for cars, trucks, recreational vehicles, boats, etc., in the FA-1 Farming Zoning District. Mr. Pedas submitted photos of the site, provided the background information relating to this violation, and reviewed the major issues and concerns; he noted that even though the property is surrounded by the City of Fort Collins, this particular property was never annexed into the City and, therefore, the County has jurisdiction over the zoning and use of the property. Staff findings include: l) The subject property is zoned FA-1 Farming; 2) The FA -I Farming Zone does not permit commercial outside storage; 3) The outdoor storage of vehicles on the subject property is highly visible from Overland Trail; 4) Any future development of the site will more than likely take place in the City of Fort Collins; 5) Continued use of the property, inconsistent with the zoning, may affect property values in the area. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the compliance deadline is not met. Rex Miller, property owner, stated that when he received the letter from Mr. Pedas regarding the violation, he contacted the City of Fort Collins about the possibility of annexing the property. and coming under the proper zoning; however, they won=t accept petitions for annexation until the new Land -Use Plan they are working on now is adopted, which wont be until after March 1997. Mr. Miller acknowledged that he is in violation and he requested time in order to resolve the problem with the City so they wont have to evict all the individuals that have their vehicles parked there now. Questions from the Board and discussion followed. Bob Davidson, the person filing the complaint, stated he has been driving by this site for 3-4 months and it is a parking lot with a lot of used vehicles and a total eyesore - it looks like a salvage yard. Mr. Davidson stated that his big complaint is that Mr. Miller is well aware of the zoning codes and he is in blatant violation and this use of this property should cease and desist immediately; he is also concerned about setting a precedent if this is allowed to continue. Mr. Davidson also addressed the access in and out of the property which creates a dangerous situation and he noted that there are 40-50 vehicles stored there now and a potential for up to 150. Mr. Miller responded that there is space for 116 vehicles; he stated that the reason they didn=t file,///M/www,beCMCCM(WSC970113.H7M I/22/976:39:36uo 5of9 /M. Prof . l'owc-vj,,4pv-c4s ,•,c�o,ron ,lea, lLv..P" .� r ► r^- r do" nor / ) �J� P �ytA i --c4o / a -%vni � G� %v cti- e l q A.Z e, . k wo LL'Id