HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/05/1999 - ITEMS RELATING TO THE LEMAY AVENUE 3RD ANNEXATION 77
AGENDA ITEM SUMMARY ITEM NUMBER: 20A-D
DATE: January 5, 1999
FORT COLLINS CITY COUNCIL
STAFF: Bob Blanchard
SUBJECT:
Items Relating to the Lemay Avenue 3rd Annexation and Zoning.
RECOMMENDATION:
Staff and the Planning and Zoning Board recommend adoption of the Resolutions and the
Ordinances on First Reading.
EXECUTIVE SUMMARY:
A. Resolution 99-1 Setting Forth Findings of Fact and Determinations Regarding the
Lemay Avenue 3rd Annexation.
B. First Reading of Ordinance No. 5, 1999, Annexing Property Known as the Lemay
Avenue 3rd Annexation to The City of Fort Collins, Colorado.
C. Resolution 99-2 Amending the City Structure Plan Map.
D. First Reading of Ordinance No. 6, 1999, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the Lemay
Avenue 3rd Annexation.
This is an involuntary annexation and zoning of an enclave approximately 2.00 acres in size,
located on the east side of North Lemay Avenue, between East Lincoln Avenue and East
Vine Drive. The property is currently vacant. The proposed zoning for this annexation is
LMN - Low Density Mixed Use Neighborhood. The property being considered for
annexation has,for a period of not less than three(3)years,been completely surrounded by
property contained within the boundaries of the City of Fort Collins.
APPLICANT: City of Fort Collins
OWNER: Norman L. Royval
3739 North County Road 13
Fort Collins, CO 80524
DATE: January 5, 1999 2 ITEM NUMBER: 20 A-B
BACKGROUND:
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 property became completely surrounded by the City of Fort Collins through the
following annexations:
N: Northeast Consolidated Annexation-June 6, 1974
E: Fort Collins Business Center Annexation- September 2, 1986
S: East Lincoln 31 Annexation-December 6, 1994
W: Northeast Consolidated Annexation-June 6, 1974
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 property became
eligible for annexation as an enclave on December 6, 1997.
There are several issues related to enclave 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 the 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
requiring an action by the Board of County Commissioners. Therefore, development
may take place through the issuance of building permits for permitted uses.
The surrounding zoning and land uses are as follows:
N: RL Single family residential (Andersonville)
E: I Lemay Avenue Bypass ROW, vacant
S: I Vacant
W: I Vacant
The existing zoning is I, Industrial in Latimer County.
F, 71
DATE: January 5, 1999 3 ITEM NUMBER: 20 A-B
City Structure Plan
I
A strict interpretation of the City Structure Plan would indicate that this property is in the Industrial
• District. However, the location of the established right-of-way for the Lemay Avenue bypass was
not recognized when the map was initially adopted. Recognizing that arterial streets frequently
identify the boundaries of a neighborhood,the boundary of the Industrial/Low Density Mixed Use
Residential districts should have followed the established right-of-way. Staff has made this
interpretation and the Planning and Zoning Board agreed at its October 15, 1998 meeting. However,
to minimize any future interpretation issues,a Structure Plan amendment is recommended to change
the designation to Low Density Mixed Use Residential,the same as the residential neighborhood to
the north.
The recommended amendment is supported by City Plan. The introduction to the Industrial District-
policies states:
"...Industrial Districts will be located away from, or adequately buffered from,
residential neighborhoods." (City Plan Principles and Policies, Page 203)
Recommended Zoning
As noted above, the existing zoning in the County is I, Industrial. Both the Planning and Zoning
Board and staff recommend a zoning ofLMN,Low Density Mixed Use Neighborhood. This would
be consistent with City Plan provided the City Structure Plan is amended as recommended. It is also
compatible with the RL, Low Density Residential zoning directly to the north.
PLANNING AND ZONING BOARD RECOMMENDATION
As explained above, on October 15, 1998,the Planning and Zoning Board recommended approval
of the annexation with LMN, Low Density Mixed Use Neighborhood zoning. The Board was not
asked to act on a Structure Plan amendment. However, the Board did agree with the staff
interpretation that the district boundaries should be considered the Lemay Avenue bypass right-of-
way.
STAFF RECOMMENDATION
Staff recommends approval of the Structure Plan amendment and the proposed zoning.
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• RESOLUTION 99-1
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE LEMAY AVENUE 3RD ANNEXATION
WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Lemay Avenue 3rd Annexation; and
WHEREAS, following Notice given as required by law,the Council has held a hearing on
said Annexation.
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(l), 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 further finds that notice was given and hearing was held
regarding the annexation in accordance with Sections 31-12-108 and 31-12-109, C.R.S., as
applicable.
Section 6. That the Council concludes that the area proposed to be annexed in the Lemay
Avenue 3rd 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
5th day of January,A.D. 1999.
Mayor
ATTEST:
. City Clerk
• ORDINANCE NO. 5, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
LEMAY AVENUE 3RD ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS,Resolution 98-157,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 7,TOWNSHIP 7
NORTH,RANGE 68 WEST OF THE 6TH P.M.,COUNTY OF LARIMER,STATE OF COLORADO,
WHICH CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION
7 AS BEARING s02 004'03"W AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT WHICH
BEARS s02004'03" W 1350.00 FEET AND AGAIN S87055'57" E 30.00 FEET FROM THE
NW CORNER OF SAID SECTION 7,SAID POINT BEING THE TRUE POINT OF BEGINNING AND
ALSO BEING A POINT ON THE NORTHEAST CONSOLIDATED ANNEXATION TO THE CITY OF
FORT COLLINS, THENCE ALONG SAID ANNEXATION S02004'03" W 300.00 FEET TO A
POINT ON THE EAST LINCOLN THIRD ANNEXATION TO THE CITY OF FORT COLLINS,
THENCE ALONG SAID ANNEXATION S87055'57"E 288.00 FEET,TO A POINT ON THE FORT
COLLINS BUSINESS CENTER ANNEXATION TO THE CITY OF FORT COLLINS. THENCE
ALONG SAID ANNEXATION N02004'03"E 300.00 FEET,THENCE N87055'57"W 288.00
FEET,TO THE POINT OF BEGINNING.
CONTAINING 1.9835 ACRES.
be, and hereby is, annexed to the City of Fort Collins and made a part of said City,to be known as
the Lemay Avenue 3rd 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 a,
may be provided by the ordinances of the City.
. 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 5th day of
January A.D. 1999, and to be presented for final passage on the 19th day of January A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of January,A.D. 1999.
Mayor
ATTEST:
City Clerk
2
RESOLUTION 99-2
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITY'S STRUCTURE PLAN MAP
WHEREAS,pursuant to Ordinance No. 5, 1999,the Council of the City of Fort Collins has
annexed a parcel ofproperty known as the Lemay Avenue 3rd Annexation to the City of Fort Collins
("the Property"); and
WHEREAS, according to law, the Council of the City of Fort Collins must identify the
Property as being placed in a zone district of the City; and
WHEREAS,the staff and the Planning and Zoning Board of the City have recommended that
the Property be placed in the Low Density Mixed Use Neighborhood(LMN)Zone District,and the
City Council,under the circumstances,has determined that said zone district is appropriate for the
Property; and
WHEREAS, said proposed zoning complies with the Principles and Policies of the City's
Comprehensive Plan,as well as the Key Principles of the City's Structure Plan,but does not comply
with the present land use designation shown on the City's Structure Plan Map for the Property; and
WHEREAS,the Council has determined that the proposed zoning is in the best interests of
the citizens of the City and comports with the City's Comprehensive Plan except for the City's
Structure Plan Map; and
WHEREAS,the Council has further determined that the City's Structure Plan Map should
be amended to change said area from being identified as an Industrial District to being identified as
a Low Density Mixed Use Residential Neighborhood.
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, that the City Plan Structure Plan Map be, and hereby is, amended so as to appear as
shown on Exhibit "A" attached hereto and incorporated herein by this reference.
Passed and adopted at a regular meeting of the City Council held this 5th day of January,
A. D. 1999.
Mayor
ATTEST:
City Clerk
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ORDINANCE NO. 6, 1999
• 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 LEMAY AVENUE 3RD ANNEXATION TO THE
CITY OF FORT COLLINS,COLORADO
WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the
Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.8 of the Land Use Code of the City of Fort Collins establishes
procedures and criteria for reviewing the zoning of land; and
WHEREAS,in accordance with the foregoing,the Council has considered the zoning of the
property which is the subject of this ordinance,and has determined that the said property should be
zoned as hereafter provided.
NOW THEREFORE 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 of Fort Collins be, and the same hereby is, changed and
amended by including the property known as the Lemay Avenue 3rd Annexation to the City of Fort
Collins, Colorado, in the Low Density Mixed Use Neighborhood (LMN) Zone District, which
property is more particularly described as situate in the County ofLarimer,State of Colorado,to wit:
A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 7,TOWNSHIP 7
NORTH,RANGE 68 WEST OF THE 6TH P.M.,COUNTY OF LARIMER,STATE OF COLORADO,
WHICH CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION
7 AS BEARING S02004103"WAND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT WHICH
BEARS s02°04'03" W 1350.00 FEET AND AGAIN S87°55'57" E 30.00 FEET FROM THE
NW CORNER OF SAID SECTION 7,SAID POINT BEING THE TRUE POINT OF BEGINNING AND
ALSO BEING A POINT ON THE NORTHEAST CONSOLIDATED ANNEXATION TO THE CITY OF
FORT COLLINS, THENCE ALONG SAID ANNEXATION s02004'03" W 300.00 FEET TO A
POINT ON THE EAST LINCOLN THIRD ANNEXATION TO THE CITY OF FORT COLLINS,
THENCE ALONG SAID ANNEXATION S87°55'57"E 288.00 FEET,TO A POINT ON THE FORT
COLLINS BUSINESS CENTER ANNEXATION TO THE CITY OF FORT COLLINS. THENCE
ALONG SAID ANNEXATION N02004'03"E 300.00 FEET,THENCE N87055'57"W 288.00
FEET,TO THE POINT OF BEGINNING.
CONTAINING 1.9835 ACRES.
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land
Use Code of the City of Fort Collins be,and the same hereby is,changed and amended by showing
that the above-described property is not included in the Residential Neighborhood Sign District.
Section 3. That the City Engineer is hereby authorized and directed to amend said
Zoning Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 1999, and to be presented for final passage on the 19th day of January, A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of January, A.D. 1999.
Mayor
ATTEST:
City Clerk
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MINUTES OF THE
LEMAY AVENUE 3RD ANNEXATION AND ZONING
OCTOBER 15, 1998
Project: Lemay Avenue 3rd Enclave Annexation and Zoning, #34-97
Staff Recommendation: Approval of the annexation and zoning as LMN, Low Density
Mixed-Use Neighborhood.
Project Description: Involuntary annexation and zoning of an enclave area
approximately 2.00 acres in size and is located on the east side of
North Lemay Avenue, between East Lincoln Avenue and East
Vine Drive.
Bob Blanchard, Director of Current Planning gave the staff presentation according to the staff
report.
Director Blanchard explained the involuntary annexation process and statutes.
Director Blanchard showed slides of the site and reviewed the site and the surrounding land uses.
Member Gavaldon asked about this project being next to where the discussion of the alignment
of the Lemay Bypass would be. He asked about the affects of that on this property.
Director Blanchard reviewed the anticipated alignment of the Lemay Bypass and the right-of-
way. He stated that it would take part of this property as it merges into Lemay.
Member Gavaldon asked about the proposed zoning of LMN.
Director Blanchard responded that staff felt that it was an appropriate zoning due to the
proximity to Andersonville, and with the future alignment of Lemay, it would be an isolated
industrial site that is directly adjacent to residential.
Chairperson Colton asked about the property on the Structure Plan.
Director Blanchard replied that the property is located south of the yellow in the pink. It appears
from the Structure Plan that the boundary goes along the extension of Buckingham and appears
to be in the Industrial area. Staff has always believed that the Structure Plan is a general
guideline, that the boundaries are adjustable and fluid. Staff often takes that tact that if
boundaries follow easy identified features, such as streets, that we will tend to interpret it more
literally. However, in this case it is clear that the map is showing the Lemay Bypass route to the
north and that it should have shown it proceeding to the south to the intersection.
Planning and Zoning Board Minutes
October 15, 1998
Page 2
Larry Royval, owner of the property spoke to the Board. Mr. Royval asked for more explanation
from staff on the surrounding zonings of the property.
Mr. Royval stated that this issue of annexation and zoning of this parcel has been an up and
down roller coaster ride since January of 1998. He received a letter from the City stating that
they were going to try and do an annexation of all enclaves. He assumed that this property that
was zoned industrial would some day be annexed into the City. He stated that the January 5,
1998 letter from the City states that the property be placed into the Industrial Zone District. He
then received a phone call that the item was to be tabled. He was told that a member of the
Planning and Zoning Board thought that the parcel should be zoned LMN as opposed to
Industrial. Immediately he made the planning staff aware that that created a problem for him
because he had a pending contract on the sale of the property with industrial zoning.
Mr. Royval believes that Buckingham Street clearly separates the property from residential. He
would like the Board to look at the other industrial sites in the area. Mr. Royval stated that he
had been to the Current Planning Department and was told that monetary loses or gains on
property is not a criteria for review at this level. He argued that this piece of property should be
zoned commercial or industrial.
Mr. Royval also felt it was important that the map does not show is that on the north side of the
property there is a 20ft additional easement that would make Buckingham Street look much
wider than it is showing. That his property is separated from the street by a 20 ft easement and is
not part of the housing subdivision.
PUBLIC INPUT
None.
Member Davidson asked about the size of the easement.
Director Blanchard clarified that directly to the north of this property is vacant land, but then
there is a road extension, or at least an easement. The easement or the road is separated from this
property by at least 20 feet.
Member Davidson asked if the easement was at least 20 feet.
Director Blanchard replied that it was a 20 foot parcel that separates Mr. Royval's property from
the street which is local street size of at least 34 feet.
Chairperson Colton asked for the surrounding property zones.
Planning and Zoning Board Minutes
• October 15, 1998
Page 3
Director Blanchard referred the Board to the map in their packets that showed the surrounding
parcels zoning. He stated that everything east of the Lemay Bypass right-of-way is zoned
industrial. To the north of the property is zoned RL and a small piece zoned LMN.
Member Davidson asked about zoning to the west.
Director Blanchard replied that south and west is also zoned industrial.
Director Blanchard stated that originally the boundary was interpreted as following Buckingham,
so this property would have been designated as industrial. Staff,not a member of the Planning
and Zoning Board disagreed with that interpretation. The item was pulled after the worksession
and discussed it at management level and with other staff. Recognizing the non-consideration in
the original interpretation of the Lemay Bypass Right-of-Way, staff recommendation was
changed.
Chairperson Colton asked Deputy City Attorney Eckman to address any implications or
liabilities of changing the zoning.
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Attorney Eckman replied that the City does not have any legal liabilities for zoning a piece of
property that turns out to be detrimental to a contract. We have to zone the property in
accordance with the City's Comprehensive Plan.
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Member Gavaldon moved to recommend to City Council to approved the annexation of
Lemay Avenue 3rd, #34-97 with the recommended zoning of LMN, Low Density Mixed-Use
{ Neighborhood.
Member Gavaldon stated that he felt staff s recommendation was appropriate to the
neighborhood and that the recommended zoning stays within the structure of the City Plan.
Member Craig seconded the motion.
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Member Craig supported the motion because the LMN zoning district has an incredible amount
of uses in it that would make the property very economical lucrative for the property owner. She
t felt the zoning was appropriate and it was important to buffer the neighborhood.
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The motion was approved 4-1 with Member Davidson voting in the negative.
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