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Home My WebLink AboutHARMONY HALF ACRES ANNEXATION & ZONING - 13-89, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSAh qW ITEM No. 18 PLANNING AND ZONING BOARD MEETING OF &larch 27, 1989 STAFF DEPORT PROJECT: Harmony Half Acres Annexation and Zoning - #13-89, A APPLICANT: City of Fort Collins PROJECT PLANNER: Ken Waido OWNERS: See attached list. PROJECT DESCRIPTION: Request to annex and zone approximately 30.69 acres located north of Harmony Road and west of Timberline Road. The requested zonings are: (1) 30.35 acres of R-E, Estate Residential District: and (2) .34 acres of C, Commercial District with a PUD condition. This is the annexation of an enclave area. RECOMMENDATION: Staff recommends approval of the annexation and zoning request. EXECUTIVE SUMMARY: This is a request to annex and zone approximately 30.69 acres located north of Harmony Road and west of Timberline Road. The requested zonings are: (1) 30.35 acres of R-E, Estate Residential District: and (2) .34 acres of C, Commercial District with a PUD condition. This is the annexation of an enclave area. The property is presently developed residential with about 30 dwelling units and a small business. Existing commercial signs located on the property will have to conform to the City's Sign Code at the conclusion of a five year amortization period. DEVELOPMENT 300 LaPorte Ave. • P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221.6750 SEWICES, PLANNING DEPARTMENT Harmony Half Acres — Annex. and Zoning — #13-89, A P & Z Meeting — March 27, 1989 Page 2 Background: The property is located within the Fort Collins Urban Growth Area. 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 annex property in the UGA when the property is eligible for annexation according to State law. The area to be annexed is a county enclave. The following annexations to the City of Fort Collins created the enclave: N: Harmony Annexation No. 2, September 6, 1977 E: Harmony Annexation No. 2, September 6, 1977 South Harmony Annexation, February 4, 1986 S: South Harmony Annexation, February 4, 1986 W: Keenland Annexation, August 19, 1980 Harmony Annexation No. 2, September 6, 1977 This area has thus been eligible for involuntary annexation into the city since February 4, 1989. On March 1, 1989, staff sent a letter to the property owners informing them of the pending annexation, potential zoning district designation, and meeting date of review by the Planning and Zoning Board. The initial staff letter indicated the recommended zoning would be the R-L-P Zoning District. Staff received several subsequent contacts from property owners. It is apparent several owners maintain horses, or other types of livestock, on their properties. Given the larger lot sizes in the area and the existence of farm animals staff is changing is zoning recommendation to the R-E, Estate Residential Zoning District. Staff is also recommending several changes to the R-E zone, which are discussed under a separate item. Zoning. The property is currently zoned FA-1, Farming and C - Commercial in the County. The requested zonings for this annexation are: (1) 30.35 acres of the R-E, Estate Residential District; and (2) .34 acres of the C - Commercial District with a PUD condition. The R-E District designation is for larger lot residential developments The property is currently developed with larger lot residential units. In discussions with property owners it was apparent several owners keep horses and other types of farm animals on their properties. In order to minimize the impact of annexation on the property owners staff changed its initial recommendation from R-L-P zoning to R-E, where farm animals are a listed use -by -right. Also, in order to eliminate the problem of non -conforming lot sizes, staff is recommending changes to the R-E zone. The existing business would become a non -conforming use under the R-E Zone. Enlargement or change of the existing use could be made through the "change to a non -conforming use" process which requires a public hearing before the Planning and Zoning Board. The area zoned C - Commercial in the County is recommended to be placed into the City's C - Commercial District with a PUD condition. The C District designation is for commercial, storage, and service uses. The property owner has requested a zoning allowing continued uses of similar nature allowed under County zoning. The last time a property zoned C rI Harmony Half Acres — Annex. and Zoning — #13-89, A P & Z Meeting — March 27, 1989 Page 3 - Commercial in the County was included in an enclave annexation was in 1987, the East Vine Drive 8th Annexation. that property owner also requested the City's C Zone. Staff was reluctant to grant the C District due to the wide variety of uses allowed within the zone and no requirement for public design review to protect adjacent properties. After much discussion, the City Council placed the property into the C Zone but aded a PUD condition. Using the East Vine Drive 8th Annexation decision as a president, staff is recommending the C zone with a PUD condition for this property. The PUD condition would require enlaqrgement or changes of existing use to be reviewed under the "change to a non -conforming use" process which requires a public hearing before the Planning and Zoning Board. Enlargements or changes of use can also be processed as a PUD and be reviewed against the criteria of the Land Development Guidance System. Findings The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins 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. 3. On March 21, 1989, the City Council passed a resolution setting forth the intent to annex this property. Ordinances annexing and zoning the property will be considered by the City Council in May of 1989. 4. The requested zonings are Residential District is in conformance with the policies of the City's Comprehensive Plan. RECOMMENDATION: Staff recommends approval of the annexation and requested zoning. ITEM HARMONY HALF -ACRES ANNEXATION AND ZONING NUMBER 13-891A JACK & JANICE NIXON ROUTE # 3 STERLING, 00 80751 • EDWIN BERRY LEONARD & KIM EWY 4417 SOUTH CO. ROAD # 11 • 4413 SOUTH CO. ROAD # 11 FORT COLLINS,. 00 80525 FORT COLLINS,, 00 80525 •• •• 1 •• Wr1 11: �• �I• 1 � � JOSEPH & CATHY HEINEY 1912 TIMBERLINE LANE FORT COLLINS,. CO 80525 CHARLES & RITA ADAMS 1933 HARMONY DRIVE FORT COLLINS,. 00 80525 JACK & MARION FRENCH 214 JACKSON AVENUE FORT COL.•LINS,, CO 80521 • • • / NEMMAN & LAURINER13ff42U LEROY & DONNA 1 • •• 1920 TIMBERLINE LANE 2000 TIMBERLINE LA FORT COLLINS, •• :1 FORT COLLLINS, •• 8051 EDWARD & BETTY MCCANN 2020 TIMBERLINE LANE FORT COLLINS, CO 80525 �•�n 1 DONNIE & JERRY EATON 1901 HARMONY DRIVE FORT COLLINS, CO 80525 JAMES & ELSIE YOCKEY 1821 HARMONY DRIVE FORT COLLINS,, 00 80525 :ter: i• i��1 i . r• «. •are • .i �:� • .i• :+ is • u• 11• • I• :• 1 Vol, 11 kri VIRGIL & JANET CLINE 1928 TIMBERLINE LANE FORT COLLINS,, CO 80525 ACHULA : • 1 liE• 11 • TIMBERLINE LANE FORT COLLINS, 00 80525 . • • 1 :••'-�:I' 1 II JAL 149 WEST HARVARD # 301 FORT COLLINS,, CO 80525 BILL & MARILYN SHEPARD 2001 HARMONY DRIVE FORT COLLINS, CO 80525 i• r GARY & CAROL JOOB ANTHONY LAUBY & RITA GLASER CLARENCE A. ROBERTS, JR_ 218 NORTH LANGSTAFF STREET 1924 HARMONY DRIVE 2000 HARMONY DRIVE LAKE ELS INOE, CA 92330 FORT COLLINS, OO 80525 FORT COLLINS, CO 80525 WAYNE & MARY SPECHT DAVID & RITA ANASTASIO • RICHARD & JANET WIMUM 4325 S. CO. RD. #11 2008 HARMONY DRIVE 4323 SOUTH CO. ROAD 11 • FORT COLLINS, CO 80525 FORT COLLINS, CO 80525 FORT COLLINS, CO 80525 HARMONY HALF ACRE • CHARLES ADAMS •:• HARMONY ROAD FORT COLLINS,CO 8051 Harmony 1/2 Acre Annexation and Zoning Services Planning Department February 24, 1989 Dear Property Owner, In May of 1980, the governments of Larimer County and the City of Fort Col- lins, Colorado, officially adopted a land use planning document known as THE INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. The purpose of the urban growth area was to delineate an area surrounding Fort Collins which was deemed appropriate for the develop- ment of urban types of land uses and residential densities and the provision of urban levels of public services and facilities. One of the stated intents of the urban growth area agreement was to have urban development occur within the City so that the provision of urban level services by the County would be minimized. One of the key implementation agreements reached between the County and the City deals with the annexation of property within the urban growth area. Essentially, the City has agreed to annex all property within the urban growth area. This annexation agreement extends to both voluntary annexations and the involuntary annexation of county enclaves. County enclaves are areas which have been completely surrounded by the City. The State of Colorado's annexation laws allow a municipality to annex county enclaves which have been completely surrounded for three or more years. Property which you own, located north of Harmony Road and west of Timberline Road, is included within such a county enclave. City staff has prepared an Annexation Petition as the first step in the process of annexing your property. More specifically, all properties located either within or adjacent to the Harmony Half Acres Subdivision, have been included in an Annexation Petition called: The Harmony Half Acres Annexation. City staff has also proposed that your property be placed into the R-L-P, Low Density Planned Residential, Zoning District. The R-L-P zone is for areas planned as a unit to provide variation in use, density and building placement. The following uses are allowed within the R-L-P zone: (1) Single-family dwellings; (2) Public and private schools for elementary and high school education; (3) Public and nonprofit quasi -public recreational uses as a principal use; (4) Essential public utility and public services installations and facilities for the protection and welfare of the surrounding area, provided that business offices and repair and storage facilities are not included; (5) Churches; (6) Group homes, subject to approval by special review; (7) Accessory buildings and uses; and 300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 - (303) 221-6750 • J (8) Any land use located on a Planned Unit Development plan as defined, processed and approved according to the City's Planned Unit Devel- opment Ordinance. The Annexation Petition will be reviewed by the Fort Collins Planning and Zoning Board on March 27, 1989, at the Board's regular monthly meeting scheduled to start at 6:30 PM in the Council Chambers within City Hall West located at 300 LaPorte Avenue. The Board will conduct a public hearing and make a recommendation on the Annexation Petition to the Fort Collins City Council. The City Council will consider official annexation of the prop- erty via ordinance on May 2, 1989. County residents typically have many questions regarding the annexation of their property. Enclosed is additional information regarding annexation, titled ANNEXATION INFORMATION, which discusses Colorado's Annexation Sta- tutes, taxes, and services and facilities. If you have any questions concerning the proposed annexation of your prop- erty, please feel free to contact me. I will do my best to address all of your concerns. Sincerely, Kenneth G. Waido Chief Planner