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HomeMy WebLinkAboutOVERLAND TRAIL 3RD ANNEXATION & ZONING (ENCLAVE) - 16-97 - REPORTS - SECOND READINGDATE: October 21, 1997 - 6 ` ITEM NUMBER: 39 .A-C This Agenda Item Summary includes the following attachments: 0 Vicinity maps (s) • October 2, 1997, Planning and Zoning Board packet 0 Handouts from the October 2, 1997, Planning and Zoning Board hearing • Letter addressed to Mr. Rex Miller dated October 13, 1997 • Memo from Mr. Larry Johnson 0 Site shots • Letter from March & Myatt, P.C. dated October 15, 1997 rN• �� y`p, ,n. f' �4 0 DATE: October21, 199- . ; M NUMBER: .39 A- ' - City staff contacted Mr. Larry Johnson, Depun Assessor with the Larimer Counni Assessor's ice, to confirm the present and potential increase in property tax. 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 whether 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 whether the property is subdivide see the tached r fr m Mr.lohnson). Upon annexation, however, the change i o i w' st i an kitt w h would result in an increase in property values, a therefo no in ,e pop taxes will occur until such time the mill levv increas 'or t ern s ivided. As noted in the letter dated October 15, 1997, from the property owner's legal representatives, the property owner has requested that the enclave annexation be continued or, if the annexation proceeds, the property be placed in the T-Transition Zone District. Staff does not support the property owners request for the T-Transition zone District, because the language of the Land Use Code allows am• existing uses on the property at the time of the zoning to remain and continue. The Land Use Code states: "No use shall be peC,was p ernes e t stri cept such use as existed on the date the propa d intoone distri t [Section 4.9(B)(1)(a)1 The property owner's letter indicates that notice has been given to all owners of the illegally -stored vehicles that they must be removed no later than December 15, 1997, (the effective date of the annexation if it is to proceed). However, without verification that the notice has been given as well as conditions for their removal, staff continues to recommend the MMN zoning consistent with the Cim Structure Plan. Regardless of the zoning of the property at the time of annexation, the property o«-ner will be allowed to continue the non-comforming agricultural use of the property, in accordance with the standards defined in the Land Use Code because the agriculture use is not an illeeal use in the County. PLANNING AND ZONIN OAR ECOJAT , October ? 1997. the Planning onina Board voted 6-0 to recommend that the Cite Council On O , _ _ approve the Overland Trail 3rd Annexation with the zoning recommended by staff. STAFF RECOMMENDATION: Staff recommends approval of the Overland Trail 3rd Annexation with a zoning of MMN-Medium Density Mixed -use Neighborhood Zone District, which is consistent with the adopted City Structure Plan. DATE: October2l, 1997 A 4 = ITEM NUMBER: 39 A-C Staffs Recommended Zoning of MMA' • The staff believes that the NC -Neighborhood Commercial Zone District (which is favored by the property owner) is not appropriate for the property. The property owner voiced the concern that commercial/retail uses are not allowable uses in the MMN Zone District, and the NC Zone District would allow for such uses. In response, City staff recommends that the MMN Zone District is consistent with the City Structure Plan and the NC Zone District would required an amendment to the City Structure Plan. NC zoning exists o e east s' of Overland Trail consistent with the City Structure Plan designation. 1 a n e on is ermits mixed -use dwellings, therefore allowing c mercial tail s firs el and residential units on the second floor as well ddi n ei o od scale c mercial uses. Time of Abatement Period • Different abatement periods, ranging from sixty (60) days to six (6) months to one (1) year were suggested rather than the recommended thirty (30) days. This additional time request is to allow for adequate notification of those individuals leasing spaces in the outdoor storage yard to find an alternative location. Regarding the abate o ill ty s s recommendation is.for a thirty (30) day abat ' ent peri dl from rie ec `'e f the annexation. This is the standard length of ti a that ' nted t try Zo g Department for abatement of illegal uses after prope 'ers tt d h a zoning 'olation. This property has been the subject of a zoning violation citation in the County as far back as November 20. 1996. City staff has consistently informed the property owner that the storage yard would be an illegal use in the MMNzone district. Possible Reimbursement for a Fort Collins -Loveland Water Tap • There is a water tap serviced by the Fort Collins -Loveland Water District on the premises. Staff was asked to rese wh.the po ' Ity u kFmen r the water tap. City staff contacted Mike ullio, i ana with the Fort -Collins Loveland Kaer District, to co e o a water to with by the District on the property. Mr. DiTullio in ormed sta that the tap was purchased in 1995 when the property was bought from the Public Service Company, and the 314" tap has been activated. Mr. DiTullio stated that if there is a change in use on the premises, the City requires the purchase of a new tap, and the existing tap may be kept for irrigation purposes only (see attached letter addressing this issue). Impact of Annexation on Taxes • The potential impact of annexation on taxes was questioned. A memo written by Alan Krcmarik regarding the financial impact upon annexation was attached to the letter dated September 17, 1997. Please note that while this memorandum relates to the K-2 annexation, the information applies to all annexations. �I • DATE: October 21. 199 3 JTEM NUMBER: 39 A-C requiring an action by the Board of County Commissioners. Therefore. development may take place through the issuance of building permits for permitted uses. 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 Zone District. The MMN Zone District is intended to be a setting for concentrated housing within easy walking distance of transit and a commercial district and also allows some limited neighborhood commercial uses. Much of the adjacent area is zoned MMN, and the MMN Zone District designation is consistent with what is indicated on the adopted City Structure Plan and the policies of City Plan, and is compatible with the existing uses and surround' ning. The existing use on the a ortion this p op VO-, storage lot for cars. trucks, recreational vehicles, boats, Th , . o the prope is currently vacant land that has been used as grazing and pastor the p . as and grazi are allowable as permitted uses in the FA-1 County zone district, however, the outdoor storage lot is an illegal use in the County zone district. If this area is annexed into the City, the existing outdoor storage lot use will become an illegal use and the grazing and pasture a non -conforming use in the MMN-Medium Density Mixed -use Neighborhood Zone District. The Larimer County Board o m iss' el ,on J 13, 1997, to address the storage lot zoning violation. e resu f that a Commissioners granted the property owner time to see vol anne i o e pr erty into the City, and that the Commissioners would not p io a 'the prope's not annexed into the City. The minutes of the Commissioner's meeting are attached for reference. Prior to the adoption of the Land Use Code, Mr. Miller met with City staff to discuss annexation and was directed that the City was unable to process an annexation petition until the Land Use Code was adopted in March, 1997. Since that time, this area has become eligible for involuntary enclave annexation by the City. As an illegal use, there will be (30 bat e od for property to be brought into compliance with the City's gulatinpon e efiecti ' to f annexation. In addition, any existing commercial signs t confo " to the City n Co e'at the conclusion of a five-year amortization period. This crease the totanumber of off -premise signs that currently exist in the City of Fort Collins. Staff met with the property owner on September 11, 1997, to review the proposed annexation. At that meeting, the property owner requested that City staff further consider an alternative to zoning the property MMN, the length of time for the abatement period, and the existence of a water tap serviced by the Fort Collins -Loveland Rater District, as well as provide additional information regarding the potential financial impact of annexation. A letter was sent to the property owner outlining City staff s position of the issues he raised at the meeting, and a copy of the letter and attachments are included with this Agenda Item Summary. The issues are addressed below: DATE: October 21. 1997 - 3 - ITEM NUMBER: 39 A-C BACKGROUND: The surrounding zoning and land uses are as follows: . N: RL; single-family residential (Ponds at Overland Trail --First Filing) E: NC; Gas station, mini -storage, convenience store S: NNN; single-family residence, multi -family W: MMN; multi -family The Overland Trail 3rd Enclave xatio i r ate 4.63 acres, located generally on the west side of South Ov and on o si o ect Road (extended), between Prospect Road and Palm Co (directl outh o opin onds at Overland Trail project). The property is located within b Growth a (UGA). According to policies .and agreements between the rty of ort Col ms and Latimer 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 intent of the policy is that properties in the Urban Growth Area be annexed into the City when eligible and developed to urban standards. Enclave areas become eligible for annexation when they have been completely surrounded by properties that have been within the City limits for at least three (3) years. The area to be annexed has been an enclave for at le 3 d, Y le for annexation. The property became compl ly s ded e City llins 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 IVi': South Foothills Annexation - March 18, 1971 The property became eligible for annexation as an enclave on August 22, 1997. There are several issues relateo to en a anne ti are th t the City considering their annexation. • First is the des to t e provisiT f 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. • 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 Latimer County only applies to those land use decisions AGENDA ITEM*SUMMARY ITE UMBER: 4 A-C DATE: October 21. 1997 . FORT COLLINS CITY COUNCIL STAFF: Leanne A. Harter SUBJECT: Items Relating to the Overland Trail 3rd Enclave Annexation and Zoning. RECOMMENDATION: Staff recommends adoption of theomionJZ�M'rdNinarices on First Reading. L EXECUTIVE SUMMARY: A. Resolution 97-146 Setting Forth Findings of Fact and Determinations Regarding the Overland Trail 3rd EnnAr n ti , B. First Reading of Ord ce N 7 , 1997� g Pr pem known as the Overland Trail 3rd Enclave Annexati L C. First Reading of Ordinance No. 168, 1997. Amending the Zoning District Map of the City of Fort Collins and Classif%ling for Zoning Purposes the Propern• Included in the Overland Trail 3rd Enclave Annexation. This is an involuntary annexation and zoning of an enclave area approximately 4.63 acres is size, generally located on the wes, side of South Overland Trail. on the south side of Prospect Road (extended), between Prospect aad and m Co ecthv sou of the developing Ponds at r- �. a: Overland Trail project). TheFportion o e srte�adtacent o C er d Trail is currently used as an outdoor storage yard for trailers, autos d RV an illggal use in the FA-1 County zone district. The section of the are .to „ we ` property is ustiffor grazing and pasture. which is a permitted use in the FA-1 Counh zone distract. The proposed zoning for this annexation is W,1N Medium Densin Mixed -use Neighborhood, and outdoor storage is not permitted in this zone district. The use would remain an illegal use under the proposed Cin zoning and will be subject to an abatement period during which time the property must be brought into compliance with the City_ "s regulations. APPLICANT: City of Fort Collins OWNER: Rex. S. Miller 3833 Spruce Drive Fort Collins, Colorado 80 26 Section 3. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City be. and the same hereby is, changed and amended by showing that the above - described property is included in the Residential Neighborhood Sign District. Section 4. That the Director of Engineering is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 21 st day of October, A.D. 1997. and to be presented for final passage on the 2nd day of December, A.D. 1997. Mayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of December, A.D. 1997. Mayor ATTEST: City Clerk C\ OPTION 2 ORDINANCE NO. 168, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE OVERLAND TRAIL 3RD ENCLAVE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City be, and the same hereby is, changed and amended by including the property known as the Overland Trail 3rd Enclave Annexation to the City of Fort Collins, Colorado, in the M-M-N, Medium Density Mixed Use Neighborhood District which property is more particularly described as follows, to wit: A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, WHICH CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20 AS BEARING s 000 14' 00" WAND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE NORTHEAST CORNER OF SAID SECTION 20. SAID POINT BEING THE TRUE POINT OF BEGINNING. SAID PONT ALSO BEING A POINT ON THE WEST PROSPECT SECOND ANNEXATION TO THE CITY OF FORT COLLINS. THENCE S 00 ° 14' 00" W ALONG SAID ANNEXATION 500.85 FEET TO A POINT ON THE SECOND FOOTHILLS ANNEXATION TO THE CITY OF FORT COLLINS. THENCE N 890 14' 00" W ALONG SAID ANNEXATION 30.00 FEET TO A POINT ON THE STEELY ANNEXATION TO THE CITY OF FORT COLLINS. THENCE ALONG SAID ANNEXATION N 00 ° 14' 00" E - 100.00 FEET AND AGAIN N 89 ° 46' 00" W - 300.00 FEET TO A POINT ON THE FOOTHILLS ANNEXATION. THENCE ALONG SAID ANNEXATION AND THE SECOND FOOTHILLS ANNEXATION TO THE CITY OF FORT COLLINS. S 890 55' 00" W - 193.53 FEET AND AGAIN N 000 14' 00" E - 359.60 FEET TO THE OVERLAND TRAIL ANNEXATION (1994) AND THE FORT COLLINS-LOVELAND WATER DISTRICT PUMP STATION ANNEXATION TO THE CITY OF FORT COLLINS THENCE N 85 ° 38' 32" E - 525.21 FEET TO THE POINT OF BEGINNING. CONTAINING 4.632 ACRES. Section 2. That the outdoor storage yard for trailers, automobiles and recreational vehicles and its surrounding fence shall not be permitted and shall be eliminated within 30 days of the effective date of this Ordinance, notwithstanding the provisions pursuant to Division 4.9 (B)(1)(a) of the Land Use Code, which generally allow for the continuation of existing uses. C1 C� Section 3. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City be, and the same hereby is. changed and amended by showing that the above - described property is included in the Residential Neighborhood Sign District. Section 4. That the Director of Engineering is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 21 st day of October, A.D. 1997, and to be presented for final passage on the 2nd day of December. A.D. 1997. Mayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of December, A.D. 1997. Mayor ATTEST: Cin- Clerk 0 OPTION 1 • ORDINANCE NO. 168, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE OVERLAND TRAIL 3RD ENCLAVE ANNEXATION TO THE CITY OF FORT COLLINS. COLORADO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLIN'S as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City be, and the same hereby is, changed and amended by including the property known as the Overland Trail 3rd Enclave Annexation to the City of Fort Collins, Colorado, in the T, Transition District which property is more particularly described as follows, to wit: A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER. STATE OF COLORADO, WHICH CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20 AS BEARING s 000 14' 00" W AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE NORTHEAST CORNTR OF SAID SECTION 20. SAID POINT BEING THE TRUE POINT OF BEGINNING. SAID POINT ALSO BEING A POINT ON THE WEST PROSPECT SECOND ANNEXATION TO THE CITY OF FORT COLLINS. THENCE s 00 ° 14' 00" W ALONG SAID ANNEXATION 500.85 FEET TO A POINT ON THE SECOND FOOTHILLS ANNEXATION TO THE CITY OF FORT COLLINS. THENCE N 990 14' OO" W ALONG SAID ANNEXATION 30.00 FEET TO A POINT ON THE STEELY ANNEXATION TO THE CITY OF FORT COLLINS. THENCE ALONG SAID ANINEXATION N 000 14' 00" E - 100.00 FEET AND AGAIN N 890 46' 00" W - 300.00 FEET TO A POINT ON THE FOOTHILLS ANNEXATION. THENCE ALONG SAID ANNEXATION AMID THE SECOND FOOTHILLS ANNEXATION TO THE CITY OF FORT COLLIN'S. S 89' 55' 00" W - 193.53 FEET AND AGAIN N 000 14' 00" E - 359.60 FEET TO THE OVERLAND TRAIL ANNEXATION (1994) AND THE FORT COLLINS-LOVELAND WATER DISTRICT PUMP STATION ANNEXATION TO THE CITY OF FORT COLLINS THENCE N 85 ° 38' 32" E - 525.21 FEET TO THE POINT OF BEGINNING. CONTAINING 4.632 ACRES. Section 2. That the outdoor storage yard for trailers, automobiles and recreational vehicles and its surrounding fence shall not be permitted and shall be eliminated within 30 days of the effective date of this Ordinance, notwithstanding the provisions pursuant to Division 4.9 (B)(1)(a) of the Land Use Code, which generally allow for the continuation of existing uses. 0 0 Section 3. That the City hereby consents. pursuant to Section 37-45-136(3.6), C.R.S.. • to the inclusion of said property into the Municipal Subdistrict. Northern Colorado Water Conservancy District ("the Subdistrict"). Upon inclusion into the Subdistrict, said property shall be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict. Introduced. considered favorably on first reading, and ordered published this 21 st day of October. A.D. 1997. and to be presented for final passage on the 2nd day of December, A.D. 1997. Mayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of December. A.D. 1997. Mayor ATTEST: City Clerk ORDINANCE. NO. 167. 1997 • OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE OVERLAND TRAIL 3RD ENCLAVE ANNEXATION TO THE CITY OF FORT COLLINS. COLORADO WHEREAS, Resolution 97-146, stating the intent of the City of Fort Collins to annex certain property and initiating annexation proceedings, has heretofore been adopted; and WHEREAS, the Council of the City of Fort Collins does hereby find and determine that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M.. COUNTY OF LARIMER, STATE OF COLORADO, WHICH CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20 AS BEARING S 000 14' 00" W AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE NORTHEAST CORNER OF SAID SECTION 20. SAID POINT BEING THE TRUE POINT OF BEGINNING. SAID POINT ALSO BEING A POINT ON THE WEST PROSPECT SECOND ANNEXATION TO THE CITY OF FORT COLLINS. THENCE S 00 ° 14' 00" W ALONG SAID ANNEXATION 500.85 FEET TO A POINT ON THE SECOND FOOTHILLS ANNEXATION TO THE CITY OF FORT COLLINS. THENCE N 89° 14' 00" W ALONG SAID ANNEXATION 30.00 FEET TO A POINT ON THE STEELY ANNEXATION TO THE CITY OF FORT COLLINS. THENCE ALONG SAID ANNEXATION N 00 ` 14' 00" E - 100.00 FEET AND AGAIN N 89 ° 46' 00" W- 300.00 FEET TO A POINT ON THE FOOTHILLS ANNEXATION. THENCE ALONG SAID ANTIEXATION AND THE SECOND FOOTHILLS ANNEXATION TO THE CITY OF FORT COLLINS. S 890 55' 00" W - 193.53 FEET AND AGAIN N 000 14' 00" E - 359.60 FEET TO THE OVERLAND TRAIL ANNEXATION (1994) AND THE FORT COLLINS-LOVELAND WATER DISTRICT PUT4P STATION ANNEXATION TO THE CITY OF FORT COLLINS THENCE N 850 38' 32" E - 525.21 FEET TO THE POINT OF BEGINNING. CONTAINING 4.632 ACRES. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Overland Trail 3rd Enclave Annexation. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric sen-ice lines. tr streets or any other services or utilities in connection with the property hereby annexed except as • may be provided by the ordinances of the City. DATE: December2, 1997 ` 2 ` ITEM NUMBER: 23 .4-B On November 4, 1997, the property owner requested that the second reading of the zoning ordinance be postponed thirty (30) days to allow additional time for the propem owner and staff to further discuss the proposed zone district for the property. (A meeting was held between City staff, the property owner, and the property owner's legal representative on November 6, 1997.) At this same Council hearing, staff recommended that second reading of the annexation ordinance also be continued as well, based upon an interpretation of the Land Use Code that states if the zoning of a property is not determined at the time of annexation, the propem- automatically is zoned T- Transition. Therefore, in the absence of another zoning designation the property would be zoned T- Transition, and a rezoning of the propem- would need to occur prior to the approval of any development proposals. Option 1 of Ordinance No. 168, 1997, would place the entire property in the T-Transition District. Option 2 would place the property in the MMN-Medium Density Mixed -Use Neighborhood District. Planning and Zoning Board Recommendation On October 2, 1997, the Planning and Zoning Board voted 6-0 to recommend that the City Council approve the Overland Trail 3rd Annexation with the zoning recommended by staff (MMN). Staff Recommendation Staff recommends adoption of Option 2 of the zoning ordinance on second reading. This would place the property in the MMN Zoning District and would allow for a number of different uses that would be compatible with existing development in the area as well as the City's Comprehensive Plan. Any particular proposals submitted by the property owners would be subject to review as provided in the Land Use Code. If a request for conditional approval of an Overall Development Plan were submitted, that request would be reviewed and considered by the Planning and Zoning Board, and staff would formulate a recommendations at that time, based upon the perceived merits of the proposal and staffs interpretation of the applicable provisions of the Code. The following items are attached to this Agenda Item Summary: • Vicinity map(s) • Planning and Zoning Board packet materials (October 2, 1997) and handouts from meeting • Letter addressed to the propem, owner dated October 13, 1997 • Memo from the Larimer County Deputy Assessor 0 Site shots • Letter from March & Myatt, P.C., dated October 15, 1997 0 Letter addressed to the property owner dated November 6, 1997 AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITE44UMBER: A-B DATE: December 2. 1997 STAFF: Leanne A. Harter ( SUBJECT: Items Relating to the Overland Trail 3rd Enclave Annexation and Zoning. RECOMMENDATION: Staff recommends adoption of the Ordinances on Second Reading. K,, _' „ „„� �xw'f'Y1 �UO'U uoycxe(• (0-0 CQ/,t Li EXECUTIVE SUMMARY: kt u� �'(&C4- 667-0) A. Second Reading of Ordinance No. 167, 1997, Annexing Property Known as the Overland Trail 3rd Enclave Annexation. B. Second Reading of Ordinance No. 168, 1997. Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Overland Trail 3rd Enclave Annexation. (Options 1 and 2) On October 21, 1997, Council unanimously adopted Resolution 97-146 Setting Forth Findings of Fact and Determinations Regarding the Overland Trail 3rd Enclave Annexation and Zoning. Also on October 21, 1997. Council unanimously adopted Ordinance No. 167. 1997, and Ordinance No. 168, 1997. annexing and zoning this enclave area which is approximately 4.63 acres is size. generally 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 portion of the site adjacent to Overland Trail is currently used as an outdoor storage vard for trailers. autos and RVs which is an illegal use in the FA-1 County zone district. The section of the area to the west of the property is used for grazing and pasture, which is a permitted use in the FA-1 County zone district. The proposed zoning for this annexation is MMN- Medium Density Mixed -use Neighborhood. and outdoor storage is not permitted in this zone district. The storage use would remain an illegal use under the proposed City zoning and will be subject to an abatement period during which time the propeM, must be brought into compliance with the City's reuulations. The property owner requested the T-Transition zone district in a letter dated October 15, 1997. On j October 21. 1997, upon first reading of Ordinance 168. 1997, Amending the Zoning District Map I of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Overland Trail 3rd Enclave Annexation. members of Council approved the Ordinance as amended to zone the property T-Transition zone district. with the condition that the outdoor storage use not be permitted nor the existing fence as they are both in violation of the Land Use Code.