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HomeMy WebLinkAboutOVERLAND TRAIL 3RD ANNEXATION & ZONING (ENCLAVE) - 16-97 - REPORTS - SECOND READING (3)eT L . IIA31' .Aue7r' W. 1•3m, d• e VbIIM" C L Z3' d w L4YR'M' W CT 8 ,MN d •N ..E Tw W 7♦a' > STORPIUMER \ \ 9. 3' --.. — - IDENTMICH AMA / N p9d79_A9`7 di jv I( DENTENTI AFMA F GA0st 9�If I Ir.7N7T .)A b b �J GONvENIENCD 11Fj�I YI � \ TOT L. IIVI r�l dA C I9TOR-WATER I l-L10'll'ERGAL g CXNT AREA 'J TION I -riCE w AREA / I U I --- -�� tttLLLHLL1 t-1111111.611 (- - OVERLAND TRAIL APARTMENTS FORT COLLINS, COLORADO PROJECT SUMMARY OITLPC2�i .r Aceae r v. r @f2�G7�4LA J)50 V1YB )R£t r•r 1 a ,txalm rwcw YagJ Ix v r 1 1 NbOKaP rLRN6 eP1[S r)O r u' 1 r�*IEICiK RPB +carte o caeecla sate lace sr. Pne cart rr %.or n Tpra� PawoNf. sArts . yAa, "e can y etbjfNQ: PYRIp GPlLE1170' % C• I NYC KM PA1.<e11 eP.IQ, RC-u't a amour rAnaat uum ..o wY1.J rear r.r.r w!R APAT•pat , euLONue rtN a. APY,RO.te w c.d exwo n rcrA� Fasten race 1,1 YACrw T! Y.R"Mr 1n ltaNCals; rNecyJ YaC,. rx r w . NYCVCAP PAIRM L.VO. rae•u� 7777 ® - - Lc t r.Js I' to n J kenm r •I •I Prepared for: Rex Miller L= Introduced, considered favorably on first reading, and ordered published this 21st day of October, A.D. 1997, and to be presented for final passage on the 4th day of November, A.D. 1997. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of November, A.D. 1997. Mayor ATTEST: City Clerk 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 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 comer 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 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 89° 55' 00" w - 193.53 feet and again n 00' 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 4.5 (B)(1)(a) of the Land Use Code, which generally allow for the continuation of existing uses. 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. 0 • OPTION 5: AMEND THE CITY STRUCTURE PLAN, REQUEST THE NC ZONE AND REQUEST THE ADDITION OF A PERMITTED USE TO THE NC ZONE DISTRICT The property owner may request that convenience stores without the separation requirement be added to the list of permitted uses for the NC zone district. Such an addition of a permitted use must comply with Section 1.3.4 of the Land Use Code, as stated above in Option 3. In addition, a request to zone the property to the NC zone district would require an amendment to the City Structure Plan. 5 • 5. Does the presence of the convenience store require the multi -family element be considered mixed use housing, and therefore kick the whole project into type 2 review. This would not be the case unless the entire project was located on the same lot. OPTION 3: ADDITION OF A PERMITTED USE TO THE MMN ZONE DISTRICT The property owner may request that convenience stores without the separation requirement be added to the list of permitted uses for the MMN zone district. Such an addition of a permitted use must comply with Section 1.3.4 of the Land Use Code, and must conform to the following conditions: 1. Such use is appropriate to the zone district to which it is added; 2. Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone district to which it is added; 3. Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi -public facilities, utilities or services, adverse effect on public health, safety, morals, or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added; 4. Such use is compatible with the other listed permitted uses in the zone district to which it is added; 5. Such use is not specifically listed by name as a prohibited use in the zone district to which it is added. Any additions of permitted uses in any zone district must be passed by ordinance by the City Council. OPTION 4: AMEND THE CITY STRUCTURE PLAN AND REQUEST TO ZONE THE PROPERTY NC -NEIGHBORHOOD CENTER The property owner has stated that the NC zone district is better suited for the property as it allows for various office and commercial uses He could request that the Council zone the property NC, however, staff does not recommend such zoning as it is inconsistent with the City Structure Plan, and, thus, would require an amendment to the City Structure Plan. In the NC zone district, the 3/4 mile separation requirement between convenience stores is applicable as well, and, therefore, even if this property were zoned NC, the proposed convenience store would not be a permitted use until such time that the existing 7-11 cease opera- tions. 4 • OPTION 1: T-TRANSITION ZONE DISTRICT The property owner may again request the T-Transition zone district of Council in December. If the property is zoned T, the only uses that are permitted are those in existence the effective date of the zoning. In addition, he cannot submit for a development review until such time that the property is rezoned. A rezoning must be approved by the City Council prior to the submittal of a project develop- ment plan. OPTION 2: MMN-MEDIUM DENSITY MIXED -USE NEIGHBORHOOD ZONE DISTRICT The property owner may request the MMN zone district. Staff has consistently recommended the MMN zone district, consistent with what is indicated on the City Structure Plan. One of the issues associated with this zone is the 3/a mile separation requirement for convenience store land uses. The property owner has stated his intentions to develop a convenience store on the property, how- ever, under the Land Use Code the separation requirement prohibits such a use in the MMN zone district. A number of questions related to this issue have arisen: 1. Can the Planning and Zoning Board modify the separation require- ment, with conditions? No, the separation requirement is defined in the list of permitted uses, and is not a development standard. The Planning and Zon- ing Board may only grant modifications to development standards. 2. Would staff recommend a modification that would allow the new con- venience store? How about with the condition that the other existing convenience store cease operations within five years? No. The City would have no authority to ensure that the existing 7- 11 ceases operations within the next five (5) years. Furthermore, staff would not support such a modification request as it is contra- dictory to the purposes and intent of the Land Use Code. 3. Can staff accept and review an application for this project since the proposed use is inconsistent with the Land Use Code provisions? The property owner can submit an application, however, as it would include uses that are not permitted and are inconsistent with the Land Use Code, staff would not support the proposal. 4. Can the property owner do a project development plan (PDP) for the entire site, but have final approval of that portion that has the conven- ience store conditioned on the existing convenience store ceasing op- eration? He can request such a condition from the Planning and Zoning Board, however, staff would not support such a condition. 3 0 These options are covered in more detail in the attached pages. If you have any questions or concerns, please do not hesitate to ask. Sincerely, Leanne A. Harter, AICP City Planner xc: Ramsey Myatt, March & Myatt John F. Fischbach, City Manager Steve Roy, City Attorney Paul Eckman, Deputy City Attorney Greg Byrne, CPES Director Bob Blanchard, Director of Current Planning Ken Waido, Chief Planner Tom Vosburg, Policy Analyst Kim Kreimeyer, Planning Technician L and Environmental Current Planning City of Fort Collins November 6, 1997 Mr. Rex Miller 3833 Spruce Drive Fort Collins, Colorado 80526 Dear Rex: Below is a list of several options that could be undertaken regarding the pro- posed zoning of the property located at the southwest corner of Overland Trail and Prospect Road. The options listed below assume a desire to develop a con- venience store with fuel sales on the front portion of the property and some other use (possibly multi -family) on the rear. The options include the following: • request to zone the property T-Transition and then rezone to another district at such time that all proposed uses are permitted in the MMN- Medium Density Mixed Use Neighborhood zoning district consistent with the City Structure Plan; • request to zone the property MMN-Medium Density Mixed -Use Neigh- borhood and submit a project development plan at such time that the proposed convenience store is a permitted use (i.e., the existing 7-11 ceases operations); • request to add convenience stores without a separation requirement to the list of permitted uses for the MMN zone district; • request an amendment to the City Structure Plan and zone the prop- erty NC -Neighborhood Center zone district, however, the 3/4 mile sepa- ration requirement is still applicable; and • request an amendment to the City Structure Plan, zone the property NC -Neighborhood Center and add convenience stores without a sepa- ration requirement to the list of permitted uses for the particular zone district. 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 No Text 0 This Agenda Item Summary includes the following attachments: • Vicinity maps (s) • October 2, 1997, Planning and Zoning Board packet • 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 • Site shots • Letter from March & Myatt, P.C. dated October 15, 1997 r � � DATE: October 21, 1997 5 L ITEM NUMBER: 39 A-C City stq, ff contacted Mr. Larry Johnson, Deputy Assessor with the Larimer County Assessor's Office, to confirm the present and potential increase in property tax. Mr. Johnson informed staff that the property value would not increase much, if at aZl, 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 be_ fore 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 r fr m Mr. ohnson/. Upon annexation, however, the change i oni w.�heache i an 't w hwould result in an increase in property values, a theretoa op taxes will occur until such time the mill levy increas r t 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 owner's request for the T-Transition zone District, because the language of the Land Use Code allows any existing uses on the property at the time of the zoning to remain and continue. The Land Use Code states: "No use shall be pe tted o p perties e t to ept such use as existed on the date the prope , was a d into one distri [Section 4.9(B)(1)(a)] 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 MNLN zoning consistent with the City Structure Plan. Regardless of the zoning of the property at the time of annexation, the propem owner will be allowed to continue the non -conforming agricultural use of the property, in accordance with the standards defined in the Land Use Code because the agriculture use is not an jjjMgLj use in the County. PLANNING AND ZONIN OAR EC O PEN10 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. 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 Cin- Structure Plan. DATE: October21, 1997 At 4 - ITEM NUMBER: 39A-C Staffs Recommended Zoning of MM1V • 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 commerciaUretail uses are not allowable uses in the MMN Zone District, and the NC Zone District would allow for such uses. In response, Ciry 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 he east s' of Overland Trail co istent with the City Structure Plan designation. 1 a n e on is ermits mixed -use dwellings, therefore allowing c mercial tails firs el and residential units on the second floor as well ddi n ei or trod 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 from ec e f the annexation. This is the standard length of ti that ' nted t ity's 10f; Department for abatement of illegal uses after prope ers d h a zoninolation. 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 MMl'zone 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 resea&@6&he po ty emen r the water tap. City staff contacted Mike ullio, i anYth the Fort -Collins Loveland Rater District, to co e o a waterviced 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. DATE: October 21, 1997 3 =TEM 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 surroundin ring. The existing use on the a rtion this p o or storage lot for cars, trucks, recreational vehicles, boats, Th o the prop is currently vacant land that has been used as grazing and pastor the p . e and 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 iss' 1 n J 13, 1997, to address the storage lot zoning violation. a resu of that in s e Commissioners granted the property owner time to see Vol anne o e pr , erty into the City, and that the Commissioners would not p o e the prope is 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 Z,&-Wat t e d for 's property to be brought into compliance with the City'ecti exation. In addition, any existing commercial signsi n Co at the conclusion of a five-year amortization period. Thisr se the to umber ofoff 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 MIYIN, the length of time for the abatement period, and the existence of a water tap serviced by the Fort Collins -Loveland Water District, as well as provide additional information regarding the potential financial impact of annexation. A letter was sent to the property owner outlining City staffs 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: October2l, 1997 AhI 2 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: MMN; single-family residence, multi -family W: NIMN; multi -family The Overland Trail 3rd Enclave exati ist r ate 63 acres, located generally on the west side of South Ov and on t 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 ity of ort Co ms and Lanmer 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, e, el' le for annexation. The property became complUl�vs ded City of T Collins 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 The property became eligible for annexation as an enclave on August 22, 1997. IL Ar There are several issues relat to en aUtt Feprovisiolof th ant the City considering their annexation. • First is the des to 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 Larimer County only applies to those land use decisions AGENDA ITENPSUMMARY FORT COLLINS CITY COUNCIL ITEI*UMBER: 39 A-C DATE: October 21, 1997 STAFF: Leanne A. Harter SUBJECT: Items Relating to the Overland Trail 3rd Enclave Annexation and Zoning. RECOMMENDATION: Staff recommends adoption Ge 0 Pthedin es on First Reading. EXECUTIVE SUMMARY: A. Resolution 97-146 Setting Forth Findings of Fact and Determinations Regarding the Overland Trail 3rd En B. First Reading of Or ' ce N 7,019 gyPro,rtyKnown as the Overland Trail 3rd Enclave Aru►e .ati C. First Readins 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. This is an involuntary annexation and zoning of an enclave area 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 and Co e v sou of the developing Ponds at Overland Trail project). Th ortio a sit d ent r d Trail is currently used as an outdoor storage yard for trai rs, autos d RV an it al use in the FA-1 Couny zone district The section of the ar e r erty is use or 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 use would remain an illegal use under the proposed City zoning and will be subject to an abatement period during which time the property must be brought into compliance with the City's regulations. APPLICA'N-T: City of Fort Collins OWNER Rex. S. Miller 3833 Spruce Drive Fort Collins, Colorado 80526 n U n U 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, October, A.D. 1997, and to be presented for final passage f ATTEST: rered publishes 21 st day of f]✓tlt day o er, A.D. 1997. 1 City Clerk auk C- - Passed and adopted on final reading this r, A.D. 1997. Mayor ATTEST: City Clerk • 0 ORDINANCE NO. 1 % 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 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 00 ° 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 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 000 14' 00" E - 100.00 FEET AND AGAINN 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 89 ° 55' 00" W - 193.53 FEET AND AGAIN N 00 ° 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. Section S. 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 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 thof Nov er, A.D. 1997. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of November, A.D. 1997. ATTEST: City Clerk Mayor 2 0 • 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, COLOR -ADO 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 N 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 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 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 service lines. 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: November4, 1997 2 �TEM NUMBER: 3I A-B i The property owner has requested that second reading of the zoning ordinance be postponed thirty (30) days to allow additional time for the property owner and staff to further discuss the proposed zone district for the property. APPLICANT: City of Fort Collins OWNER: Rex S. Miller 3833 Spruce Drive Fort Collins, Colorado 80526 AGENDA ITEM'.SUMMARY ITECNUMBER: 31 A-B DATE: November 4, 1997 FORT COLLINS CITY COUNCIL STAFF: Leanne A. Harter SUBJECT: Items Relating to the Overland Trail 3rd Enclave Annexation and Zoning. &4 4c-� IZ/z�y 7 RECOMMENDATION: Staff recommends adoption of the annexation Ordinance on Second Reading and postponement of the zoning ordinance until December 2, 1997. EXECUTIVE SUMMARY: A. Second Reading of Ordinance No. 167, 1997, Annexing Property Known as the Overland Trail 3rd Enclave Annexation. B. Postponement of 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. 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. On October 21. 1997, Council also unanimously adopted Ordinance No. 167, 1997 and Ordinance No. 168, 1997, as amended, annexing and zoning of an enclave area 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 yard for trai ers, 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 property owner requested the T-Transition zone district in a letter dated October 15, 1997. On October 21, 1997, upon first reading of Ordinance 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, 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 it is in violation of the Land Use Code.