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Home My WebLink AboutOVERLAND TRAIL 3RD ANNEXATION & ZONING (ENCLAVE) - 16-97 - REPORTS - FIRST READINGLeanne A. Harter, AICP October 15, 1997 Page 2 Regardless of how the Property is zoned Rex should be entitled to continue the nonconforming agricultural use for the entire parcel until his site plan and rezoning (if applicable) is approved and development occurs. We believe either of the alternatives offered in this letter present the City with reasonable choices for dealing with a forced annexation. We look forward to your response. very truly yours, MARCH & MYATT, P.C. By: Ramsey D. yat RDM/frb pc: Rex S. Miller ,,T15R.-M- ARTHUR E. MARCH, JR. RAMSEY 0. MYATT ROBERT W. BRANDES, JR. RICHARD S. GAST LUCIA A. ULEY J. BRADFORD MARCH UNDA S. MILLER JEFFREY J. JOHNSON MATTHEW J. DOUGLAS Leanne A. Harter, City Planner Current Planning 281 North College Fort Collins, CO MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS, COLORADO 80524-2880 (9701 482-4322 FAX (970) 482.3038 October 15, 1997 AICP Department Avenue 80521 Re: Rex S. Miller Annexation Dear Ms. Harter: ARTHUR E. MARCH 1908-1981 MAILING ADDRESS: P.O. BOX 469 FORT COLLINS. CO 80522-0469 VIA HAND DELIVERY As you may know, our office represents Rex S. Miller. The purpose of this letter is to present Rex's position in connection with the proposed forced annexation of his property at the southwest corner of Prospect Road and Overland Trail (the "Property"). Rex has given notice to the owners of all vehicles stored upon his Property that they must have their vehicles removed no later than December 15, 1997. The continued use of the Property as an RV storage beyond December 15, 1997 is therefore no longer an issue. Rex's strong preference would be to gain approval for a site plan incorporating a future convenience store upon the Property. We understand there are currently some obstacles to his site plan but we believe we can work together to overcome such obstacles if given the time and opportunity. Therefore we request the annexation be tabled until these obstacles have been satisfactorily. resolved. If the City is unwilling to postpone the forced annexation we respectfully request that the Property be zoned as T-Transition with the City waiving the rezoning fee until Rex comes back with a site plan and a request for rezoning. The justification for this request includes the fact that Rex was not prepared to have his Property annexed at this time and his long-term plans for the Property include a convenience store. If the Property is immediately zoned MMN his real estate taxes on the Property will go up dramatically yet he will be unable to implement his plans for the Property until the obstacles mentioned above have been resolved. Or f' 4�•�. _, , • "� .. , 4 .mot a� r��rijn ��R'/' n � ,nrM : • t ""�'i.��r+ -' . , .n, . i � ��, •e� .+ i '' '•' _. ,.. '� .. S .at a �...: `• 4F'u•1-3�,�F 9"+i�h �...+i-1 a l �� n� • �ti 1:a� ° ilJ X4 r. �r �c . ! ,�. M �•!`.a .,•ter: - t� w. � .r '. '�ti x� Ow tin \ _. �. - i - /'r n'�yMy..y..-n'vIe''• ..(S'*�-S' ... Wit Mr �:.•_'it�`t-. y, J.• •.,: � �; '�` Ff• '. 'tJv• i` �� .l, .�^:v'A! a '1 +.; /�Lk}• Tt3'�•*clF -, 4 }'� �� 1- sw~A~4y�.• ; �Q �["y ti•'r .Y�{�,y Lit a 1 r �W0\ '\I ■ Y�St•Y+w�"'�TIUir RT-.-Yd1.SSSrl'Yir M'dF d'. _ . + ;•.. �•W'n H r art n,ti,. 1p n1 �r 1 l ;�rt� - ti5�:'^�'►`y 'WMS•�'a �^a�Et. '�t�Yl�N ne w iF � y'r a .ate •(+ ��w��. r- ,y y.- � +,S r� `. 1 ♦-• �r}��-f�,�a�� . •r."fi'ya'i e� y., y r e-x �� ,-•:r �. irt.� �i�+ y � . ...,�.i..�w.'trG ..{ �+ • �� Sr�'�1r a �.r 4 ,i i'• M•1�0.rt f• da '1� _� ..t �f .. 4a•tii �y-W �d]..,~ac IV, ,^t.`-iti ..7 •�+.. a. a'. '' r 4i��y�y'ya•�r.ns-7- 5 ��.+_`i s�.t'- i,�.:.r��.:• ^"�•-�-�7. `rw.- S �'i{d�•.■+�I_n+yPc>.,� +3► � ) �• ♦�' — - W-74114- '►�� •~Y .��j-��r":��' ��YT#, yY'u�r �� s�ei'r YN1�x+:y ��•'� ''T��"".M1M♦� J. l.r ri•. ^'`�'y r-�.rl� .--.fin• - a�rZ is.I-j' •>��MF�•�y ra*'.If s as^� v •ii 'cS .• �Ja ... n 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 Permi- 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 Till£ list is subiect to periodic upd.-te. The figures in thlc m^r(lf? r=��' O^. rc,'JQrt.S ISSUed by Ls C4'tS :.'arsrtments. Fees rn-:y h:;ve changed ISSUBIICB .epo.'..i. I will be a :ent 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 (per square root) .15 Inductr;Ql (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 Ann.xa; on S 1,040 Rszot,ing Ovarall Development Pian 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 $.70. 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 -ffset :he cost:, •. prc'1,.:ng it .ractructure within its .;orporate bour,diries, 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 20-0 AMDs or E'ectr°- F' :at (cer sir.g!, '3^ ! resir�2r.ce) 488 Pedsstal Eor•: ica (per single family residen.;� 00 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 DATE: TO: FROM: 3 JBJEC J Adminis five Services Finance Administration MEMORANDUM April 3, 1997 Planning and Zoning Board Alan J. Krcmarik, Financial Officer 4X ;rnexation Financial Concer rs: Taxes, >e;;, 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 noerty 'ax. Ti;e City of Fort r 3il:.,s levies , pm-ertl tax of 9.^9 ' -r'll-. -his is i-st slz%' t:t i % of tt.a assessed value ct the p.opert�'. ',o!:erties outsiJ�'he i :',n's pay ;ile 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) 221-67S2 -V 0 R. 3i��m A +L6 pw aw- tint ly- ht�! &M,; *g wk.,�6- '1V • COMMITTED TO EXCELLENCE October 14, 1997 Kim Kreimeyer, Planning Technician City of Fort Collins, Current Planning Department PO Box 580 Fort Collins, Colorado 80522 Dear Ms. Kreimeyer: OFFICE OF THE ASSESSOR STEPHEN A. MILLER, CPA PO Box 1190; FORT COLLINs CO 80522-1190 TELEPHONE: 970-498-7050; FAX: 970-498-7070 This is in reference to your request for valuation information on parcel 497201-00-012. The parcel is located on the southwest comer of Prospect Road and Overland Trail. It contains approximately 4.2 acres and is currently classified by our office as Residential Unplatted Vacant Land. Per our conversation, it is my understanding that the City of Fort Collins may consider rezoning the property from its current zoning of FA-1 (residential) to MMN (Mixed Use Zoning). The current valuation of the property is based on market value as of June 30, 1996. If the subject parcel remains vacant and unplatted, the 1997/1998 valuation will not be affected by changes in zoning type and/or Assessor classification changes. This parcel, along with all others, will be reappraised in 1999 to reflect a June 30, 1998 level of value. If the subject parcel still remains vacant and unplatted the valuation will be based on current market sales of vacant unplatted land of similar size and location, and will not likely be affected by zoning changes. Please contact me at (970) 498-7092 if you have any further questions. Sincerely, Larry G. Johnson Deputy Assessor • c_t)r,nAnlllrl) Ip tx(_tLLLPJCt: November 20, 1996 Mr. Rex S. Miller 3833 Spruce Drive Fort Collins, Colorado 80526 PLANNING DIVISION P.O. Box 1190 Fort C011lni. Colorado 80522.1190 Planning Department (970) 4915-7683 Building Department (970) 498-77()0 Fax (970) AW7711 RE: South Overland Trail/West Prospect outdoor storage lot zoning violation. Dear Mr, Miller: Please be advised that I have scheduled a meeting with the Latimer County Board of County Commissioners for Monday, January 13, 1997 at 3:00 P.M. in the County Board Hearing Room of the Latimer County Courthouse, 200 West Oak, Fort Collins, to discuss the above mentioned violation. The purpose of this meeting will be to ask that they authorize the County Attorney to proceed with legal action in order to enforce the provisions of the Comprehensive Zoning Resolution for Latimer County. If you have questions or need additional information please contact me as soon as possible. Sincerely, John A. Pedas Code Enforcement Officer cc: file County Attorney ; , PRINTED ON RECYCLED PAPER L#A*� LARIMER COUNTY Mr. Rex S. Miller 3833 Spruce Dr. Fort Collins, Colorado 80526 Dear Mr. Miller: PLANNING DIVISION P.O. Box 1190 Fort Collins. Colorado 80522-1190 Planning Department (970) 498-7883 Bulding Department (970) 498-7700 Fax (970) 498-7711 Our office has recently become aware that property you own in the NE 1 /4 of Section 20, T7N, R69W of the 6th P.M., (SW corner of South Overland Trail and W. Prospect, extended) is being used to store boats, RV's and other vehicles. According to our records the property is Zoned FA-1-Farming which does not permit outside storage not accessory to a permitted use. Please be advised that the use of the property for outside storage must be discontinued immediately, and all vehicles removed, or we may be forced to turn the matter over to the County Attorney's Office to take whatever action is necessary to enforce the provisions of the Zoning Regulations. If you have questions or need additional information please contact me as soon as possible. Sincerely --7'� a 244� John A.Pedas Code Enforcement Officer cc: County Attorney Peter Rames, City of Fort Collins file Oj PRINTED ON RECYCLED PAPER MEMORANDUM Date: October 14, 1997 To: Leanne Harter From: Roger Buffington Re: Overland Trail 3rd Annexation FCLWD Water Tap The following information is provided regarding those situations where a property has an existing FCLWD tap but is located within the City of Fort Collins water service area: ► If no new development is occurring on the property, the water service may remain as is and will continue to be a FCLWD account. ► If the property is re -developing, the existing FCLWD water tap may remain as an irrigation service and will continue to be a FCLWD account. Any new water services installed for the development will be connected to City of Fort Collins water mains and will be City accounts. ► Any circumstances or requests other than these would be considered on a case by case basis. Commun= Planning and Environmental Se-17ices Current Planning Lity of Fort Collins Rex Miller 3833 Spruce Drive Fort Collins, Colorado 80526 Dear Mr. Miller: 13 October 1997 On September 11, 1997, you met with Kim Kreimeyer and myself to discuss the Overland Trail 3`d Annexation and Zoning that will be heard by the City Council on October 21, 1997. At that meeting, you requested that staff research the possibility of reimbursement for a water tap located on the property installed and serviced by the Fort Collins -Loveland Water District. Staff contacted both Mr. Mike DiTullio, district manager for the Fort Collins - Loveland Water District and Mr. Roger Buffington with the City of Fort Collins Water/Wastewater Utility Department. Both stated the following: If no new development is occurring on the property, the water service may remain as is and will continue to be a Fort Collins -Loveland Water District account. If the property is to be redeveloped, the existing Fort Collins -Loveland Water District water tap may remain as an irrigation service and will continue to be FCLWD account. However, any new water services installed for the development will be connected to the City of Fort Collins water mains and will be City accounts. Therefore, if there is a change in use associated with redevelopment of the property, the City requires the purchase of a new tap and the existing tap may be kept for irrigation purposes only. As mentioned earlier, this enclave annexation is scheduled for the October 21, 1997, City Council. The City Council meeting begins at 6:00 PM and the item has been placed on the discussion agenda. If you have any additional questions, please do not hesitate to call either Kim or myself at 221-6750. Sincerely, e&" , Leanne A. Harter, AICP City Planner xc: File Kim Kreimeyer Planning Technician 281 North College .;venue - P.O. Box 580 - Fort Collins, CO 80522-0580 - (970) 221-6750 - FAX (970) 416-2020 =- =-Letter to Mr. Rex Miller Page Two 17 September 1997 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, Leanne A. Harter, AICP Kim Kreimeyer City Planner Planning Technician xc: File Alan Krcmarik Comn,"`,.ity Planning and Environmenta,=--,ervrces Curre Zning 'ity 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 M1vIN 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 Ith 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 staffs 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. 2 ' '1 • 20. Box 5SO • Fort ColLns, CO S0522-05SO • (970) 221.6750 City of Fort Collins Commu. Planning and Environmental Current Planning MEMORANDUM TO: Members of the Planning and Zoning Board FROM: Leanne Harter, City Planner ^'�� Kim Kreimeyer, Planning` chnici;t RE: Issues on Overland Trail Third Annexation DATE: October 2, 1997 -ices 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 805__4)_80 • (970) 221-61. 0 FAX (970) 221-o378 • TDD (070) 224-6002 VICINITY MAP 07/17/97 #16-97 Overland Trail 3rd Annexation and Zoming 1"=600' No Text Article 4, Districts Division 4.S, Medium Density Mired -Use Neighborhood District Minimum FAR 03 Minimum building frontage (including per) 40% of each block side or 50% of the Total block frontage Maximum Parking Ratio (including onstreet parking) 4 spaces/1,000 sf commerciaI/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 28. 1997 Article 4, Districts City of Fort Collins Land Use Code Division 4.5, Medium Density Mixed -Use Neighborhood District 1 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 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 corners. 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 Mired -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: A� 1. Accessory buildings containing more than six 4/99' 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 U,' subparagraph (2)(a) above. `�99> 2. Fraternity and sorority houses. 3. Long term care facilities. (b) Institutional/Civic/PubIic 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/Miscellaneous Uses: City of Fort Collins 1 Wireless telecommunication equipment. Land Use Code Article 4, Page 30 Effective March 18, 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) square feet. G? 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) InstitutionallCivic/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 DMSTON 4.5 EDTum DENSITY MIXED -USE NETraHBORHOOD DT TRT (M M M (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 of Fort Collins Land Use Code Article 4, Page 28 g Effective March 28. 1997 J97 10:50 303498771 LAR CO PLNG PAGE 03 or. Rex S. Miller 3833 Spruce Dr. 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 decisicn on this matter until April of 1997 to give me an oppor- tunity to resolve this situation with the City of Fort Collins. By extending the deadline for the termination of my current activities I will not be forced to evict my tenants during the winter months without giving enough notice for them to relocate thier vehicles. Thank you for your consideration in this matter. Sincere , %� Rex S. Miller /1997 10:50 3034987711 LAR CO PLNG PAGE 02 -1 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 S30,000 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. Pcdas 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 (#135 Q 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, Commissioner=s Office Staff Services Manager. Recording Clerk, S. Graves. tile ///PI/-,-"Abcclbcc INBC970113.XTM lr=M 1'39.37�... 6 or9 13 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 (#96-ZV0929): 2"7-69 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: 1) The subject property is zoned FA -I Farming; 2) The FA -I Farming Zone does not permit commercial outside storage; 3) The outdoor storage of vehicles on the subject property is highly visible from Overland Trail; 4) Any future development of the site will more than likely take place in the City of Fort Collins; 5) Continued use of the property, inconsistent with the zoning, may affect property values in the area. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the compliance deadline is not met. Rex Miller, property owner, stated that when he received the letter from Mr. Pedas regarding the violation, he contacted the City of Fort Collins about the possibility of annexing the property and coming under the proper zoning; however, they won=t accept petitions for annexation until the new Land -Use Plan they are working on now is adopted, which wont be until after March 1997. Mr. Miller acknowledged that he is in violation and he requested time in order to resolve the problem with the City so they wont have 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 116 vehicles; he stated that the reason they didn=t file nfP1A w,ecC bccmt ✓8C97o 1 I3 HTM I/=N7 9:39:36m S 0r9 101- No Text 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 r 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: 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: 1. Background: 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 1�J2/g7 STAFF Leanne Harter City 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. COMMUNiTTPLANNINGANDENVIRONMENTAL SERVICES 281N.CollegeP.ve. :'C.8ox.580 Fort Colhns.CO805:_-0580 (07) - PLANNING DEPARTMENT 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 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, COLOR.ADO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: T TYC.� yt�-r i i1 f/�l Section 1. That the Zoning Map o the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City b , and the same hereby is, changed and amended by including the property known as the Ove and Trail 3rd Enclave Annexation to the City of Fort Collins, Colorado, in the - - e I ensity Mixed Use NeighborhoodQstrict: A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 2O, 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 ( l�- TO THE CITY OF FORT COLLINS. THENCE N 890 14' 00" W ALONG SAID ANNEXATION Y 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 V 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-LOVELAN , WATER DISTRICT PUMP STATION ANNEXATION TO THE CITY OF FORT COLLINS THENCE N 85 ° 3 8' 32" E - 525.21 FEET TO THE POINT OF BEGINNING.' CONTAINING 4.632 ACRES. Section 2. 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 Director of Engineering is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. 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 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. ATTEST: City Clerk 2 Mayor 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 000 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' OO" 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 AGAIN N 890 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. RESOLUTION 97-146 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE OVERLAND TRAIL 3rd ENCLAVE ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Overland Trail 3rd Enclave Annexation, and notice was given as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Council of the City of Fort Collins hereby finds that the area proposed to be annexed has been entirely contained within the boundaries of the City for a period of not less than three (3) years prior to this date. Section 2. That the Council hereby finds that the requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met. Section 3. That the Council further finds and determines that an election pursuant to Sections 31-12-107(2) or 31-12-112(1), C.R.S., is not required. Section 4. That no additional terms and conditions are to be imposed upon the area proposed to be annexed. Section 5. That the Council farther finds that notice was given and hearing was held regarding the annexation in accordance with Section 31-12-108(2) C.R.S., as applicable. Section 6. That the Council concludes that the area proposed to be annexed in the Overland Trail 3rd Enclave Annexation is eligible for annexation to the City and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 21st day of October, A.D. 1997. Mayor ATTEST: City Clerk DATE: October 21, 1997 6 ITEM NUMBER: .39 A-C 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 0 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 DATE: ITEM NUMBER: 3 City staff 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 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 subdivided (see the attached letter from Mr. Johnson). Upon annexation, however, the change in zoning will not initiate an action which would result in an increase in property values, and, therefore, no increase in property taxes will occur until such time the mill levy increases or the property is subdivided. 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 permitted of properties in the t District except such use as existed on the date the property was placed into this zone district." [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 MMN zoning consistent with the City Structure Plan. Regardless of the zoning of the property at the time of annexation, the property owner 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 illegal use in the County. 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. 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: October 21, 1997 4 ITEM NUMBER: '9 A-C Staffs Recommended Zoning of MMN • 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 on the east side of Overland Trail consistent with the City Structure Plan designation. In addition, the MMN Zone District permits mixed -use dwellings, therefore allowing commercial/retail space on the first level and residential units on the second floor as well as additional neighborhood scale commercial 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 abatement period for the illegal use, City staffs recommendation is for a thirty (30) day abatement period from the effective date of the annexation. This is the standard length of time that is granted by the City's Zoning Department for abatement of illegal uses after property owners are cited with a zoning violation. 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 MMN 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 research the possibility of reimbursement for the water tap. City staff contacted Mr. Mike DiTullio, District Manager with the Fort -Collins Loveland Water District, to confirm the existence of a water tap serviced by the District on the property. Mr. DiTullio informed staff that the tap was purchased in 1995 when the property was bought from the Public Service Company, and the 3/4" 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 I 3 ITEM 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 surrounding zoning. 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 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 of Commissioners held a meeting on January 13, 1997, to address the storage lot zoning violation. The result of that meeting was that the Commissioners granted the property owner time to seek voluntary annexation of the property into the City, and that the Commissioners would not pursue the violation unless the property 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 be a thirty (30) day abatement period for this property to be brought into compliance with the City's regulations upon the effective date of annexation.' In addition, 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. 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 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 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 2 1 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: MMN; single-family residence, multi -family W: MMN; multi -family The Overland Trail 3rd Enclave Annexation consists of approximately 4.63 acres, located generally 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 property is located within the Fort Collins Urban Growth Area (UGA). According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree to consider annexation of property in the UGA when the property is eligible for annexation according to state law. The 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 least three (3) years and, therefore, is eligible for annexation. The property became completely surrounded by the City of Fort 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. There are several issues related to enclave annexation areas that warrant the City considering their annexation. • First is the desirability to consolidate the provision of public safety services. While fire service is provided by the Poudre Fire Authority in both enclave areas and within City limits, police services are limited to areas within the City. • The second issue is the ability to avoid confusion among the property owners, surrounding property owners, and the City or County entities. Again, this is related to the provision of public safety services as it is common for those individuals who are part of an enclave to not realize they are actually part of the County, not the City. • 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 ITEM SUMMARY ITEM LUMBER: 39 A-C DATE: October 21, 1997 FORT COLLINS CITY COUNCIL I STAFF: Leanne A. Harter i SUBJECT: Items Relating to the Overland Trail 3rd Enclave Annexation and Zoning. RECOMMENDATION: Staff recommends adoption of the Resolution and of the Ordinances on First Reading. EXECUTIVE SUMMARY: A. Resolution 97-146 Setting Forth Findings of Fact e ermihations Regarding Overland Trail 3rd Enclave Annexation and Zoni (h cl B. First Reading of Ordinance No. 167, 1997, A erty Known as e Overland Trail 3rd Enclave Annexation. C hxiGi 1ylOUGv C. First Reading of Ordinance No. 168, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Ingluded in the Overland Trail 3rd Enclave Annexation. ' �F1� ry ) �� G� (o_D 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 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 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 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. APPLICANT: City of Fort Collins OWNER: Rex. S. Miller 3833 Spruce Drive Fort Collins, Colorado 80526