The URL can be used to link to this page

Home My WebLink AboutOVERLAND TRAIL 3RD ANNEXATION & ZONING (ENCLAVE) - 16-97 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSArticle 4, Districts Division 4.5, Medium Density Mixed -Use Neighborhood District Minimum FAR 0.3 Minimum building frontage (including plazas) 40% of each block side or 50% of the Total block frontage Maximum Parking Ratio (including onstreet parking) 4 spaces/1,000 sf commercial/retail floor area Building Height Minimum I story; maximum 3 stories Residential Blocks 85-90% of Development Plan Land Use Requirements Minimum of 75% residential; other uses may vary Maximum Block Size 7 acres Minimum Building Frontage 40% of each block side Parking Ratio Minimum of 1.5 spaces/dwelling unit; maximum of 2.5 spaces/dwelling unit Building Height Minimum 1.5 story; maximum 3 stories Civic Blocks Minimum of 10% of Development Plan Maximum Block Size 7 acres (2) Buildings. (a) The portion of a building located within a radius of seventy- five (75) feet of the right-of-way of an intersection of two arterial streets may contain an additional fourth story. (b) The portion of a building within a radius of fifty (50) feet of the right-of-way of any street intersection (except an arterial/arterial intersection) may contain an additional fourth story. (c) Minimum setback from street right of way: none. City of Fort Collins Land Use Code Article 4, Page 33 Effective March 18, 1997 Article 4. Districts Division 4.5. Medium Density Mired -Use Neighborhood District 4. Mixed use dwelling units. 5. Group homes. 6. Multi -family dwellings. (d) Lot pattern. The lot size and layout pattern for Medium - Density Mixed -Use Neighborhoods shall be designed to allow buildings to face toward the street. (E) Development Standards. (1) Block Requirements. (a) Block structure. Each Medium -Density Mixed -Use Neighborhood and each development within this District shall be developed as a series of complete blocks bounded by streets (public or private). (See Figures 16A through 16F). Natural areas, irrigation ditches, high -voltage power lines, operating railroad tracks, and other similar substantial physical features may form up to two sides of a block. Each geographically distinct district must contain a minimum mix of the different block types as set forth in the table below (Mixed -Use, Residential, or Civic blocks). Overall development plans or proposals for an entire Medium Density Mixed -Use Neighborhood must demonstrate how this minimum mix of block types is to be provided. If a development is smaller than ten (10) acres, the development plan must demonstrate how it contributes to the overall mix of block types within the surrounding area. (b) Block types and standards. All development shall comply with the applicable standards set forth below: Mixed -Use Blocks 0-5% of Development Plan Land use Requirements Maximum Block Size City of Fort Collins Land Use Code Article 4. Page 32 Minimum of 30% commercial/retail required in each block; all other uses may vary 7 acres Effective March 28. 1997 Article 4, Districts Division 4.5. Medium Density Mixed -Use Neighborhood District (C) Prohibited Uses All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director pursuant to Section 1.3.4 of this Land Use Code, shall be prohibited. (D) Land Use Standards. (1) Density. Residential developments in the Medium -Density Mixed - Use Neighborhood District shall have an overall minimum average density of twelve (12) dwelling units per net acre of residential land. (a) The minimum residential density of any phase in a multiple - phase development plan shall be seven (7) dwelling units per net acre of residential land. (2) Mix of Housing Types. A complete range of the permitted housing types is encouraged in a neighborhood and within any individual development plan, to the extent reasonably feasible, depending on the size of the parcel. The following minimum standards are intended to promote such variety: (a) A minimum of two (2) housing types shall be required on any development parcel sixteen (16) acres or larger, including parcels part of a phased development a minimum of three (3) housing types shall be required on any development parcels thirty (30) acres or larger. (b) Lot sizes and dimensions shall be varied for different house types to avoid monotonous streetscapes. For example, larger housing types on larger lots are encouraged on comers. Smaller lots are encouraged adjacent to common open spaces. (c) The following list of housing types shall be used to satisfy this requirement: 1. Small lot single family detached dwellings on lots containing less than six thousand (6,000) square feet. 2. Two-family dwellings. 3. Single-family attached dwellings. City of Fort Collins Land Use Code Article 4, Page 31 Effective March 28, 1997 Article 4, Districts Division 4.5, Medium Density Mixed -Use Neighborhood District 3. Convenience retail stores with fuel sales separated at least three thousand nine hundred sixty (3;960) feet (3/4 mile) from the nearest convenience retail store. 4. Artisan and photography studios and galleries. 5. Child care centers. (d) Accessory/Miscellaneous Uses: /� i 1. Accessory buildings containing more than six 194 hundred fifty (650) square feet of floor area. (3) The following uses are permitted in the M-M-N District, subject to Planning and Zoning Board review: (a) Residential Uses: 1. Group homes, other than allowed in subparagraph (2)(a) 'above. -'`�9y� 2. Fraternity and sorority houses. 3. Long term care facilities. (b) Institutional/Civic/Public Uses: 1. Public and private schools for elementary, intermediate, and high school education. (c) Commercial and Retail Uses: 1. Personal and business service shops. 2. Offices, financial services, and clinics. (d) Accessory/Miseellaneous Uses: City ofFon Collins I • Wireless telecommunication equipment. Land Use Code Article 4, Page 30 Effective March 28, 1997 Article 4, Districts Division 4- 5, Medium Density Mired -Use Neighborhood District (2) The following uses are permitted in the M-M-N District, subject to administrative review: (a) Residential Uses: 1. Single-family detached dwellings on lots containing no more than six thousand (6,000) 0 square feet. aI'!445V 2. Two-family dwellings. %T 3. Single-family attached dwellings. 4. Multi -family dwellings. 5. Mixed use dwelling units. 6. Group homes for up to eight (8) developmentally disabled or elderly persons. 7. Boarding and rooming houses. (b) Institutional/Civic/Public Uses: 1. Places of worship or assembly. 2. Public and private schools, including colleges, universities, vocational, and technical training. 3. Community facilities. 4. Public facilities. 5. Parks, recreation and other open lands. (c) Commercial/Retail Uses: 1. Bed and breakfast establishments with no more than six (6) beds. 2. Convenience retail stores without fuel sales. City of Fort Collins Land Use Code Article 4, Page 29 Effective March 28, 1997- Article 4, Districts Division 4.5. Medium Density Mixed -Use Neighborhood District DIVISION 4.5 MEDIUM DENSITY MIXED-U E NEIGHBORHOOD Di TRi fM M Nl (A) Purpose. The Medium Density Neighborhood District is intended to be a setting for concentrated housing within easy walking distance of transit and a commercial district. Secondarily, a neighborhood may also contain other moderate -intensity complementary and supporting land uses that serve the neighborhood. These neighborhoods will form a transition and a link between surrounding neighborhoods and the commercial core with a unifying pattern of streets and blocks. Buildings, streets, bike and walking paths, open spaces and parks, will be configured to create an inviting and convenient living environment. (B) Permitted Uses. (1) The following uses are permitted in the M-M-N District, subject to building permit review, provided that such uses are located on lots that are part of an approved site -specific development plan: (a) Accessory/Miscellaneous Uses: 1. Accessory buildings of six hundred fifty (650) square feet of floor area or less. 2. Accessory uses. (b) Any use authorized pursuant to a site specific development plan that was processed and approved in compliance with the Zoning Code in effect on March 27, 1997 (the date immediately preceding the effective date of this Land Use Code), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (c) Any use which was permitted for a specific parcel ofproperty pursuant to the Zoning District regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997, provided, however, that such existing use shall constitute a permitted use only on such parcel of property. City ojFort Collins Land Use Code Article 4, Page 28 Effective March 28 1997 4 REQUIRED LICENSES Through its home rule charter and code of municipal ordinances, the City requires licenses for certain activities. These include the following. Auctioneer $ 25 Bowling Alley 55 Carnival, Circus schedule on size and number of days Contractors depends on the type of service Places of Entertainment 80 Food Service various Game Machines 6 month license cost depends on type of device Going out of Business no fee Liquor Licenses depending on type $ 454 - 529 Arborist no fee Dog Licenses $ 10 -25 Special Event Permit no fee Alarm Business Permit $75 Massage Therapist 50 Movie Theater 110 Drive In 80 Outdoor Vendor 10/month Pawn Broker 55 plus $2,500 surety bond Sales and Use Tax No fee Lodging Tax No fee Secondhand dealer $ 55 Solid Waste Collector Per vehicle 30 This list is subject to periodic update. The figures in this memo rely on reports issued by various City :;-Nartments. Fees may have changed since the issuance of the :epo ts. I will be pr 3sent at the April 14" meeting to answer questions. Please let me know if there are questions that may required research prior to the meeting. 3 Neighborhood Parkland Residential (per unit) $ 848 Commercial & Industrial land uses do not pay this fee Community Parkland Residential (per unit) 934 Does not apply to Commercial & Industrial land use Library Residential (per unit) 230 Does not apply to Commercial and Industrial land use Police Residential (per unit based on unit size) 84 Commercial (per square foot) .10 Industrial (per square foot) .03 Fire Residential (per unit based on unit size) 121 Cornmerciai (per square root) .15 Industrial (per square foot) .04 General Government Facilities Residential (per unit based on unit size) 154 Commercial (per square foot) .17 Industrial (per square foot) .05 Plan Review. To recover some of the costs of providing services, the City has established fees for some services. These include the following. Building Permit & Plan Check Fees per schedule Annexation $1,040 Rezoning 856 Overall Development Plan 1,400 Preliminary PUD 1,472 Final PUD 2,808 Preliminary Subdivision 1,312 Final Subdivision 2,176 Project Development Plan 1,477 Final Project Development Plan 2,808 Non -Conforming Use Review 1,216 Extension of Final Approval 496 Minor Amendment 168 2 the tax on to its customers. Customers pay about 3% of their monthly bill to PSCo which is then remitted to the City. Franchise Fees. The City imposes a Cable Franchise fee on TCI. This fee is passed on to its customers. Many property owners near the City boundaries also are served by TCI. Telephone Charge. The City imposes a per account telephone charge of $30. This amount is included on the monthly telephone bills that customers pay. Beer and Liquor Occupational Privilege Tax. The City imposes an annual tax on the privilege of serving beer and liquor. The cost of the tax is from $750 to $1,650 depending on the type of license and the hours of operation. PLANT INVESTMENT & CAPITAL EXPANSION FEES and REQUIRED PERMITS To offset the costs cf providing inrirastructure within, its corporate boundaries, the City has established fees which are collected at the time building permits are issued. These include the following: Street Oversizing Residential (per unit) $ 895 Residential Multi -family (per unit) 554 Light Industrial (per acre) 7,292 Heavy Industrial (per acre) 9,722 Office/General Commercial (per acre) 14,583 Retail Commercial (per acre) 19,443 Electric Underground 150 AMPs or less (per single family residence) 414 200 AMPs or Electric Heat (per single family residence) 488 Temporary Pedestal Service (per single family residence) 100 Water Plant Investment Fee Residential 2,464 Commercial 5,867 Industrial 12,700 Raw Water Requirement Residential 1,200 Commercial 4,500 Industrial 9,000 Waste Water Plant Investment Fee Residential 1,600 Commercial 6,814 Industrial 9,100 Storm Drainage Basin Fee Residential 146 - 867 Commercial 1,132 - 6,692 Industrial 2,790 - 16,500 City of Fort Collins M Administrative Services J Finance Administration MEMORANDUM DATE: April 3, 1997 TO: Planning and Zoning Board FROM: Alan J. Krcmarik, Financial Officer AK SUBJECT: Annexation Financial Concerns: Taxes, Fees, Permits, & Licenses PURPOSE: Property owners facing the prospect of annexation need to be informed about taxes, fees, and licensing requirements of the City of Fort Collins. Fort Collins has different property -and sales tax requirements than the un-incorporated areas of the county. This memorandum reviews some of these financial concerns that property owners that are considering annexation may have. The purpose is to identify the most important differences in taxation, permitting requirements, and activities for which licenses are required. TAXES and FRANCHISE FEES Property Tax. The City of Fort Collins levies a property tax of 9.797 mills. This is just shy of 1 % of the assessed va!ue of the property. Properties outside the City !iinits pay the Poudre Fire Authority levy of 9.301 mills. The difference amounts to $4.96 per $10,000 of assessed value. Sales and Use Tax. The City of Fort Collins levies a 3% Sales and Use tax on property acquired and placed into use within the City limits. For residential property owners, this is most dramatic on the purchase of major items, most notably, automobiles and trucks. On a $20,000 vehicle, the City tax amounts to $600. For retail businesses, the impact is the requirement to become a licensed retailer and to collect and remit City sales tax. Commercial and industrial land uses would also be subject to use tax on equipment bought outside the City for which a Colorado City sales tax has not been paid. Lodging Tax. In addition to the sales and use tax, the City imposes a 3% tax on the temporary use of lodging facilities. This tax is paid by the lodger and is collected on the lodgers bill. Gas Company Occupational Privilege Tax The City imposes an Occupational Privilege tax on Public Service Company. The tax is a total amount of $445,000 per year. PSCo passes 300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6788 • FAX (970) 221-6782 �97 10:50 303496771 LAR CO PLNG PAGE 03 ai. ./ Rex S. Miller 3833 Spruce or. Ft. Collins, Co. December 17, 1996" John A. Pedas Larimer County Planning Department P.D. Box 1190 Fort Collin , Colorado 80522 Dear Mr. Pedas; 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 i� Rex S. Miller /1997 10:50 3034987711 LAR CO 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 are 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 re -open 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 14,1997 REORGANIZATION OF THE BOARD (N135 @ 300) The Board of County Commissioners met at 2:00 p.m. in 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. 01811M11WWW/bedpe4MiWBC970113,r{fM / �i 7 . i1f1719'r'l�24ni '17�'^� 6 of 9 provide an opportunity for Mr. Wright to address the Board. Motion carried 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 (1t96-ZV0929)! 20-07-69 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: I) The subject property is zoned FA -I Farming; 2) The FA-1 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 won have w 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 I l6 vehicles; he stated that the reason they didn=t file:1t1MA bCC tem(WBC970JJ3.urea IMM9:39:3fam 5of9, 'ix •• �wurMM y� M 1 ,. ,;' ,��' .. �� '=s w \ �1�1a: r �� \ T .. .. w' � .r �� -� >.� ... ,. __ _-., _ r LMN RL RF OUT VICINITY MAP #16-97 Overland Trail 3rd Annexation and Zoming 07/17/97 1"= 600' 11 To address your questions regarding the potential impact of annexation on taxes, we have attached a memo written by Alan Krcmarik with the Finance Department of the City of Fort Collins that covers this issue. If you have any additional questions or would like to schedule a meeting, please do not hesitate to call Kim or myself at 221-6750. Best regards, C-W�� Leanne A. Harter, AICP City Planner xc: File Alan Krcmarik Kim Kreimeyer Planning Technician Corn',—l.ity Planning and Environmenta? ervices .. Curre 'fanning City of Fort Collins 17 August 1997 Mr. Rex Miller 3833 Spruce Drive Fort Collins, Colorado 80526 Dear Rex: This letter is to inform you of the result of further staff discussions that have occurred since the meeting held on September 11, 1997, with Kim Kreimeyer and myself regarding the Overland Trail Third Annexation. At that time, you requested that City staff further consider the recommended zoning of MMN for the property in question, as well as the abatement period for the illegal use, and provide additional information regarding the potential financial impact upon annexation. As I mentioned at the September 1 lth meeting, City staff's recommended zoning for the property is MMN-Medium Density Mixed -use Neighborhood: At that meeting, you put forth that the NC - Neighborhood Commercial zoning district is perhaps more appropriate for the property, and this position has been addressed with other City staff. Our position remains that the MMN zoning district complies with the City Structure Plan and the NC zoning district would require an amendment to the City Structure Plan. One of your concerns voiced was that commercial/retail uses. are not allowable uses in the MMN zoning district. Since that meeting Kim and I have further reviewed the MMN zoning district, and that particular zoning district allows for mixed -use dwellings. Mixed -use dwellings allow retail/commercial space on the first level and residential units on the second floor, and are a Type 1, Administrative Hearing review, in the Land Use Code for the MMN zoning district. Regarding the abatement period for the illegal use (storage yard) located on the east side of the property, City staff's recommendation remains a thirty (30) day abatement period from the effective date of the annexation. In discussions with Peter Barnes, the City's Zoning Administrator, this abatement period of thirty days is standard for all illegal uses located within the City of Fort Collins. The area located to the west of this illegal use which has been used for grazing purposes, this use will become a non -conforming use in the zoning district and will be allowed to continue, however, proposed expansions would be limited to not more than 25% of the nonconforming use. Division 1.5. Nonconforming Uses and Structures of the Land Use Code defines those standards and requirements that are applicable to all nonconforming uses located within the City of Fort Collins and a copy of this Division has been attached for reference. 281 North. Coll?ge Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 FAX (970) 221: 6378 • Tt D.(970) 224-6002 City of Fort Collins Commu. y Planning and Environmental ,vices Current Planning MEMORANDUM TO: Members of the Planning and Zoning B rd FROM: Leanne Harter, City Pla e Kim Kreimeyer, Plannin chnici RE: Issues on Overland Trail Third Annexation DATE: October 2, 1997 At the worksession last Friday, we stated that there was an outstanding issue regarding the proposed annexation known as the Overland Trail Third Annexation. The issue does not impact upon any decision regarding the proposed annexation, but, rather, is an issue which the property owner, Mr. Rex Miller, has raised, and may be likely to be raised by Mr. Miller at tonight's hearing. Mr. Miller requested that staff research the possibility of reimbursement for a water tap installed on the property serviced by the Fort Collins -Loveland Water District. Mr. Mike DiTullio with the Fort Collins -Loveland Water District was contacted and confirmed that there is a water tap serviced by the District on the property. It was purchased in 1995 when Mr. Miller bought the property from the Public Service Company. The 3/4" tap has been activated. Mr. DiTullio stated that if there is a change in use, and the City requires the purchase of a new tap, the existing tap may be kept for irrigation purposes. Mr. Miller requested that staff notify him as to what is discovered regarding this matter, and a letter will be sent to him as soon as possible. Attached is a copy of the letter sent to Mr. Miller regarding discussions with him concerning the NC -Neighborhood Commercial zoning district. If there are any questions, we would be glad to answer them. Attachment 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 FAX (970) 221-6378 • TDD (970) 224-6002 Overland Trail 3rd Annexation and Zoning, #16-97 October 2, 1997 P & Z Meeting Page 4 3. The requested MMN, Medium Density Mixed -use Neighborhood Zoning District is in conformance with the policies of the City's Comprehensive Plan. RECOMMENDATION: Staff recommends approval of the Overland Trail 3rd Annexation with a zoning of MMN, Medium Density Mixed -use Neighborhood. CA mydocu-1\ annex\ olnd3rd.stf Overland Trail 3rd Annexation and Zoning, #16-97 October 2, 1997 P & Z Meeting Page 3 2. Zonina: This property is currently zoned FA-1 Farming in Larimer County. The proposed zoning for this annexation is the MMN, Medium Density Mixed -use Neighborhood Zoning District. The MMN, Medium Density Mixed -use Neighborhood is intended to be a setting for concentrated housing within easy walking distance of transit and a commercial district. Much of the adjacent area is zoned MMN, Medium Density Mixed - use Neighborhood Zoning. The MMN District designation for residential and mixed -use is consistent with the policies of the City's Comprehensive Plan and is compatible with. the existing uses and surrounding zoning. 3. Existing Use: The existing use on the east portion of this property is an outdoor storage lot for cars, trucks, recreational vehicles, boats, etc., the west portion of the property is currently vacant land that has been used as grazing and pasture in the past. Pasture and grazing is a permitted use in the FA-1 Zoning District, but the outdoor storage lot for the vehicles is an illegal use in this County Zoning District. When this area is annexed into the City the existing outdoor storage lot use will become an illegal use and the grazing and pasture becomes a non -conforming use in the MMN - Medium Density Mixed -use Neighborhood Zoning District. The County Commissioner's held a meeting on January 13, 1997, to address the storage lot zoning violation. The result of that meeting was that the County Commissioner's the granted property owner time to annex the property into the City. The County Commissioner's will not pursue the violation unless the property is not annexed into the City (the minutes of that hearing are attached for reference). The property owner met with City staff prior to the adoption of the new Land Use Code and was informed that the City would not be able to process an annexation petition until the code was adopted. Since then this area has become an eligible enclave for annexation by the City. Upon annexation there will be a thirty (30) day abatement period, for this property to be brought into compliance with the City zoning district (a zoning district description is attached). 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. Overland Trail 3rd Annexation and Zoning, #16-97 October 2, 1997 P & Z Meeting Page 2 COMMENTS: :. _... �. The Overland Trail 3rd Annexation is approximately 4.63 acres, located on the west side of South Overland Trail, between Prospect Road and Drake Road (directly south of the developing Ponds at Overland Trail project). It 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 for annexation property in the UGA when the property is eligible for annexation according to State law. The surrounding zoning and land uses are as follows: N: RL; single family residential (Ponds at Overland Trail) E: NC; Gas station, mini -storage S: MMN; single family residence, multi -family W: MMN; multi -family Enclave areas become eligible for annexation when they have been completely surrounded, for at least three years, by properties that are within the City limits. The area to be annexed has been an enclave for at least three years and is therefore, eligible for annexation. The area became completely surrounded through the following annexations: N: Overland Trail Annexation (1994) - August 22, 1994 E: West Prospect Second Annexation - September 16, 1965 S: Steely Annexation - October 16, 1979 and Foothills Annexation - August 8, 1970 W: South Foothills Annexation - March 18, 1971 This area became eligible for involuntary annexation into the City on August 22, 1997. The site is currently used as an outdoor storage: trailers, autos and RVs, which is an illegal use in the FA-1 county zoning district and grazing and pasture, which is a permitted use in the FA-1 county zoning district. The outdoor storage would be an illegal use in the recommended zoning district in the City. 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. ITEM NO. 4 MEETING DATE 1012 /97 STAFF Leanne Harter Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Overland Trail 3rd Annexation and Zoning, #16-97 APPLICANT: City of Fort Collins OWNERS: Rex S. Miller 3833 Spruce Drive Fort Collins, CO 80526 PROJECT DESCRIPTION: Annexation and zoning of an enclave area of approximately 4.63 acres in size, located on the west side of South Overland Trail, on the south side of Prospect Road (extended), between Prospect Road and Palm Court (directly south of the developing Ponds at Overland Trail project). The recommended zoning is MMN, Medium Density Mixed -use Neighborhood. RECOMMENDATION: Staff recommends approval of the annexation and the MMN, Medium Density Mixed -use Neighborhood Zoning. EXECUTIVE SUMMARY: This is an annexation and zoning of an enclave area of approximately 4.63 acres in size, located on the west side of South Overland Trail, between Prospect Road and Palm Court. The site is currently used as an outdoor storage: trailers, autos and RVs, which is an illegal use in the FA-1 county zoning district and grazing and pasture, which is a permitted use in the FA-1 county zoning district. The outdoor storage would be an illegal use in the recommended zoning district in the City. The recommended zoning is MMN, Medium 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