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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/17/2020 - ITEMS RELATING TO THE ONE TWENTY EIGHT RACQUETTE DAgenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY March 17, 2020 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Items Relating to the One Twenty Eight Racquette Drive Annexation. EXECUTIVE SUMMARY A. Resolution 2020-25 Setting Forth Findings of Fact and Determinations Regarding the One Twenty Eight Racquette Drive Annexation. B. Public Hearing and First Reading of Ordinance No. 049, 2020, Annexing the Property Known as the One Twenty Eight Racquette Drive Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex the 35,000 square foot property located within the Mulberry Corridor. The Initiating Resolution 2020-010 was adopted on consent, January 21, 2020. The subject property is located at 128 Racquette Drive, abuts the Fort Collins Airpark, and is approximately 375 feet west of Dry Creek, which is a tributary to the Poudre River. The proposed zoning for this annexation is Industrial (I). It should be noted that though this annexation does comply with state statute, the property currently contains a land use that has not been established/permitted within Larimer County. The City of Fort Collins Land Use Code requires the property owner or representative thereof to submit a development application within 60 days of the effective date of the annexation in order to legally establish the land use in the City of Fort Collins. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreement Regarding Growth Management. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION The current use of the site by Cheer Central, a cheer training facility, was found to be operating illegally after a complaint was filed with Larimer County in 2018. The County notified the property owner and tenant that they were not approved to operate at 128 Racquette Drive and that they would need to gain approval through a development review process in order to continue operating. Cheer Central submitted a site plan application in October 2018, at which point the County determined that they would not be able to meet various development requirements without annexing into the City of Fort Collins. Larimer County allowed Cheer Central to finish its 2019 season (in May 2019), with the stipulation that it either cease operation or pursue annexation thereafter. This annexation is the result of the aforementioned events. This is a 100% voluntary annexation of two lots located within the Fort Collins Growth Management Area (GMA). According to policies and terms contained in the Larimer County and City of Fort Collins Agenda Item 11 Item # 11 Page 2 Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The One Twenty Eight Racquette Drive Annexation gains the required 1/6 contiguity to existing city limits from a common boundary with the Airpark Village Annexation to the north, which was annexed in 2006, thus satisfying the requirement that no less than one- sixth of the perimeter boundary be contiguous to the existing City of Fort Collins municipal boundary. Upon annexation the City of Fort Collins Land Use Code requires the property owner or representative thereof to submit a development application within 60 days of the effective date of the annexation in order to legally establish the land use in the City of Fort Collins. The proposed annexation does not create an enclave. CITY FINANCIAL IMPACTS No financial impacts are expected as a result of this annexation. BOARD / COMMISSION RECOMMENDATION At its November 20, 2019 meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation and associated zoning. This unanimous action was taken as part of the Board’s Consent Calendar; therefore, no meeting minutes will be provided as part of this agenda item. PUBLIC OUTREACH The City of Fort Collins Land Use Code and the Colorado Revised Statutes do not stipulate that a neighborhood meeting be held in conjunction with a voluntary annexation, therefore, a neighborhood meeting was not held. ATTACHMENTS 1. Vicinity & Zoning Map (PDF) 2. Annexation Map (PDF) 3. Annexation Petition (PDF) 4. Cheer Academy Operations Narrative (PDF) 5. County/Applicant Correspondence (PDF) Airwa y Ave Racq u ette D r Poudre Pkwy Co m merce Dr LMN E © One Twenty Eight Vicinity Racquette & Zoning Drive Map - Annexation 1 inch = 167 feet Site Proposed Site ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 Operations Narrative of Cheer Academy 11/20/2019 Cheer Academy is an athletic training facility geared toward youth athletes, where training is conducted for competitive cheer teams. Athletes typically receive two-hours of training at a training session. It is not child care, it is active athletic training. We understand that the property is in the Poudre River 500-year floodplain, and it has been brought to our attention that city code section 10-81 does not allow certain types of “critical facilities” within the 500-year floodplain, namely “at risk population facilities” and “essential services facilities.” All three terms are defined in city code section 10-16, as follows: • Critical facilities shall mean structures or facilities, but not the land on which they are situated, that if flooded may result in significant hazards to public health and safety or interruption of essential services and operations for the community at any time before, during or after a flood. Critical facilities shall include essential services facilities, hazardous materials facilities, at-risk population facilities and government services facilities. • At-risk population facilities shall mean facilities that house or provide shelter or services to children, the infirm or other persons requiring special assistance or care or life support. At-risk population facilities shall include, but not be limited to: hospitals; non-ambulatory surgery centers; elder care, nursing homes and assisted living facilities; congregate care facilities, residential care facilities and group homes; housing intended for occupants who may not be sufficiently mobile to avoid death or injury during a flood without special assistance; day care and child care facilities; public and private schools for all grade levels below high-school graduation; and before-school and after-school care facilities and summer day-camp facilities. • Essential services facilities shall mean facilities for the provision of services needed before, during and after a flood event in order to protect public health and safety. Essential services facilities shall include, but not be limited to: public safety facilities such as police stations, fire and rescue stations, emergency operations centers, storage facilities for emergency vehicles and equipment; emergency medical facilities such as hospitals, ambulance service centers, urgent care centers and non-ambulatory surgical centers; designated emergency shelters; communications facilities, such as main hubs and control centers for telephone service, cable broadcasting, satellite dish broadcasting, cellular systems, television, radio and other emergency warning systems (excluding ATTACHMENT 4 towers, poles, lines, cables and conduits); public and private utility plant facilities for generation, treatment and distribution, such as transmission and distribution hubs and control centers, water treatment plants, electric substations, and pumping stations for water, power and gas (excluding towers, poles, power lines, buried pipelines, transmission lines, distribution lines and service lines, and excluding hydroelectric power generating plants and related appurtenances, and excluding parallel-connected solar and wind power generation); and air transportation lifelines, such as general aviation and commercial airports, helicopter pads and appurtenances serving emergency functions, and associated infrastructure such as aviation control towers, air traffic control centers and emergency equipment aircraft hangars. Cheer Central is not a school, it is an athletic training facility. There is a waiting room for parents on-site, and it is common that parents wait on-site while their children are receiving the athletic training. In the event that athletes are dropped off, the parents are usually nearby since the training does not last longer than 2 hours. Cheer Central does not provide child care or after school care of children. In the past, Cheer Central did offer day camps at this facility, which they will no longer do, now that it is clear that would be prohibited in the 500-year floodplain. Day camps has never been the main crux of the purpose of the training facility, and will be discontinued immediately. By the discontinuance of the day camp sessions, Cheer Central is neither an “at risk population facility,” nor is it a “essential services facility,” in accordance with the definitions, and is therefore not prohibited to operate in the 500-year floodplain. From: Chad Gray <grayxxcn@co.larimer.co.us> Date: Mon, Oct 14, 2019 at 11:04 AM Subject: Re: Cheer Central / Racquette To: Troy Jones <troy@architex.com>, Jen Cram <cramjl@co.larimer.co.us> Sounds Larimer good. County Thanks! Chad Gray Building and Code Compliance Coordinator Community Development 200 W Oak St, Fort Collins, 80522 | 3rd Floor W: (970) 498-7664 cngray@larimer.org | www.larimer.org/codecompliance On Mon, Oct 14, 2019 at 9:35 AM Troy Jones <troy@architex.com> wrote: Chad, We have had two rounds of review with the city regarding the annexation of 128 Racquette Drive. They have some redlines on the latest submittal because their technical services department wasn't routed on the first round of review, so the second round was the first opportunity for that department to comment. At any rate, the comments are pretty simple to fix, and we just need to resubmit those revisions, then they will give me an update on the timing of the hearings. As soon as I know, I can let you know the timing. Troy Jones, Architect, Land Planner MTA Planning & Architecture troy@architex.com 970-416-7431 CC: Jen Cram, Wendy Ayers, Justin Caruso On Mon, Oct 7, 2019 at 11:42 AM Chad Gray <grayxxcn@co.larimer.co.us> wrote: Hi Troy, How is the annexation with the City going? Any word on when? Thanks, Larimer County Chad Gray Building and Code Compliance Coordinator Community Development 200 W Oak St, Fort Collins, 80522 | 3rd Floor W: (970) 498-7664 cngray@larimer.org | www.larimer.org/codecompliance On Tue, May 28, 2019 at 3:59 PM Chad Gray <grayxxcn@co.larimer.co.us> wrote: Sounds good. Thanks ATTACHMENT 5 Larimer County Chad Gray Building and Code Compliance Coordinator Community Development 200 W Oak St, Fort Collins, 80522 | 3rd Floor W: (970) 498-7664 cngray@larimer.org | www.larimer.org/codecompliance On Tue, May 28, 2019 at 3:42 PM Troy Jones <troy@architex.com> wrote: Chad, It is my understanding it takes about 4 months from start to finish on an annexation, give or take a month. Troy On Tue, May 28, 2019 at 2:36 PM Chad Gray <grayxxcn@co.larimer.co.us> wrote: Thanks Larimer for the County update Troy. Chad How long Gray to they take to process and I will calendar out? Building and Code Compliance Coordinator Community Development 200 W Oak St, Fort Collins, 80522 | 3rd Floor W: (970) 498-7664 cngray@larimer.org | www.larimer.org/codecompliance On Tue, May 28, 2019 at 1:53 PM Troy Jones <troy@architex.com> wrote: All, The annexation application for the property at 128 Racquette Drive (formerly the site of the Site Plan Review file#18-ZONE241) was submitted to the City of Fort Collins today. Troy Jones, Architect, Land Planner MTA Planning & Architecture troy@archtiex.com 970-416-7431 On Tue, May 14, 2019 at 2:23 PM Troy Jones <troy@architex.com> wrote: All, We anticipate being ready to submit the annexation application by mid-week, next week. Troy Jones MTA Planning & Architecture troy@architex.com 970-416-7431 On Tue, May 14, 2019, 2:14 PM Justin Caruso <justin@thespaceagency.biz> wrote: Hi Jen, We have engaged the architect and surveyor a few months back to move full steam ahead with annex into the City. I will need to follow up with them to get a full update on status. Sent from Justin Caruso iPhone On May 14, 2019, at 1:43 PM, Jen Cram <cramjl@co.larimer.co.us> wrote: Justin, has Wendy or Ric made any progress with the Annexation application? We are trying to determine if we can close the Site Plan Review file#18-ZONE2415. As noted via email correspondence, it is our understanding that the applicant will pursue annexation into the City of Fort Collins so that appropriate site plan improvements can be made for the use, or the use will cease to operate on the property as of May 31, 2019. We appreciate your assistance. Jenn On Mon, Mar 18, 2019 at 10:27 AM Justin Caruso <justin@thespaceagency.biz> wrote: Hi Jen, I hope you had a great weekend. So I spoke with Wendy the owner of the Cheer gym. She was able to get a new investor and capital to go through the annexation process and work with the City on building important. So at this point they would like to move forward with the Annexation of the property and move forward with the City so they can stay. We are on the list for a surveyor to come out and get the process started. Please let me know if you see any problems with this. Thank you Sent from Justin Caruso iPhone On Mar 4, 2019, at 8:43 AM, Jen Cram <cramjl@co.larimer.co.us> wrote: Got it. I will get a letter drafted. Jenn On Mon, Feb 25, 2019 at 9:29 AM Justin Caruso TSC <justin@thespaceagency.biz> wrote: Hi Jen, I spoke with Wendy the owner of the gym. Their season ends mid may and will transition out at that time. So they will be completely vacated by May 31st.. Please let me know if you need anything else for the letter. Thank you On Thu, Feb 21, 2019 at 1:37 PM Jen Cram <cramjl@co.larimer.co.us> wrote: Justin, thank you for your patience. Chad and I have spoken to Eric Fried, Chief Building Official and Lesli Ellis, Community Development Director and they are both okay with the Cheer Academy staying until May. We would like to formalize this in a letter. Can you please give us an exact date that their use of the building will end? Thank you, Jenn On Fri, Feb 15, 2019 at 1:12 PM Justin Caruso TSC <justin@thespaceagency.biz> wrote: Hi Jen, Happy Friday. Just wanted to follow up on this. Have you had a chance to discuss? On Thu, Feb 7, 2019 at 11:53 AM Jen Cram <cramjl@co.larimer.co.us> wrote: Justin, thank you for reaching out. We will discuss and follow up shortly. Jenn On Wed, Feb 6, 2019 at 4:02 PM Justin Caruso TSC <justin@thespaceagency.biz> wrote: HI Jen, Thank you for the call back I apologize I missed your call. Per your request I thought it might be easier to just email. So after doing a lot of research on what the City of Fort Collins will most likely require and the cost associated with those requirements to allow for the Cheer academy to stay in the currently location. We have come to the conclusion that the improvements are going to be very extensive and expensive for the cheer group that they cant afford. I have spoken to Ric the owner and he has agreed to releasing Cheer Central from the lease and re-lease to a tenant that better suites the building and location. The Cheer season end in May and that will be the time in which they will transition out. They have currently contracted with Troy Jones to process the annexation as per the county's request to allow for the Cheer group to stay in the building. This will cost from $8-10K. My questions is, is there any way the County will grant a temporary stay from now until May for the Cheer group to continue to operate with the understand that they will be vacating the property by May and not requiring them to process the annexation? We are hoping so because the cost of $8- 10K is a lot for a small business especially when they now they will be leaving that property in May. Your consideration and response would be greatly appreciated. Thank you -- Regards, Justin M. Caruso The Space Agency Cell: 303.895.1521 url: www.thespaceagency.biz Follow Us: "Like" us on Facebook This contain message confidential and any and/files or legally transmitted privileged with material. it may The confidential information use is of intended the intended only recipient(for the personal s). If you and are not hereby the notified intended that recipient any review, of this dissemination, message you are distribution, reliance on the copying, contents or taking of this of message any action is strictly in prohibited. please contact If you the received sender this and message delete the in message. error, This and should communication not be regarded is for information as an offer purposes to sell or only as a solicitation official confirmation of an offer of to any buy transaction, any financial or as product, an an official transmission statement cannot of The be guaranteed Space Agency, to be LLC. secure Email or error-free. Therefore, we do not represent that this information be relied upon is complete as such. or All accurate information and is it subject should to not change without notice. -- Jenn Cram, AICP Planner II Larimer County Community Development Division Planning Department 200 W. Oak Street, Fort Collins, CO 970-498-7696 -- Regards, Justin M. Caruso The Space Agency Cell: 303.895.1521 url: www.thespaceagency.biz Follow Us: "Like" us on Facebook This confidential message and/and or any legally files privileged transmitted material. with it The may contain information use of the intended is intended recipient(only for s). the If you personal are not and the confidential intended recipient review, dissemination, of this message distribution, you are hereby copying, notified or taking that of any any action prohibited. in reliance If you received on the contents this message of this message in error, please is strictly contact the sender and delete the message. This should communication not be regarded is for as information an offer to sell purposes or as a only solicitation and of confirmation an offer to of buy any any transaction, financial product, or as an an official official statement of The guaranteed Space Agency, to be secure LLC. or Email error-transmission free. Therefore, cannot we be do not represent should not that be relied this information upon as such. is complete All information or accurate is subject and it to change without notice. -- Jenn Cram, AICP Planner II Larimer County Community Development Division Planning Department 200 W. Oak Street, Fort Collins, CO 970-498-7696 -- Regards, Justin M. Caruso The Space Agency Cell: 303.895.1521 url: www.thespaceagency.biz Follow Us: "Like" us on Facebook This confidential message and/and or any legally files privileged transmitted material. with it The may information contain is intended recipient(s)only . If for you the are personal not the intended and confidential recipient use of this of the message intended you copying, are hereby or taking notified of any that action any in review, reliance dissemination, on the contents distribution, of this message please contact is strictly the sender prohibited. and If delete you received the message. this message in error, This not be communication regarded as an is offer for information to sell or as purposes a solicitation only and of an should offer to buy transaction, any financial or as product, an official an statement official confirmation of The Space of any Agency, LLC. Email free. Therefore, transmission we cannot do not represent be guaranteed that this to be information secure or is error- complete information or is accurate subject and to change it should without not be notice. relied upon as such. All -- Jenn Cram, AICP Planner II Larimer County Community Development Division Planning Department 200 W. Oak Street, Fort Collins, CO 970-498-7696 -- Jenn Cram, AICP Planner II Larimer County Community Development Division Planning Department 200 W. Oak Street, Fort Collins, CO 970-498-7696 -1- RESOLUTION 2020-025 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE ONE TWENTY EIGHT RACQUETTE DRIVE ANNEXATION WHEREAS, pursuant to Resolution 2020-010, annexation proceedings were initiated by the City Council for property to be known as the One Twenty Eight Racquette Drive Annexation (the “Property”); and WHEREAS, following notice given as required by law, the City Council held a hearing on said annexation March 17, 2020. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the petition for annexation of the Property complies with the Municipal Annexation Act (the “Act”), Section 31-12-101, et seq., Colorado Revised Statutes. Section 3. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the Property proposed to be annexed; that a community of interest exists between the Property proposed to be annexed and the City; that said Property is urban or will be urbanized in the near future; and that the Property is integrated with or is capable of being integrated with the City. Section 4. That the City Council further determines that the applicable parts of the Act have been met, that an election is not required under the Act, and that there are no other terms and conditions to be imposed upon said annexation. Section 5. That the City Council further finds that notice was duly given, and a hearing was held regarding the annexation in accordance with the Act. Section 6. That the City Council concludes that the Property is eligible for annexation to the City and should be so annexed. -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 17th day of March, A.D. 2020. _________________________________ Mayor ATTEST: ___________________________ City Clerk -1- ORDINANCE NO. 049, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE ONE TWENTY EIGHT RACQUETTE DRIVE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2020-010, finding substantial compliance and initiating annexation proceedings for the One Twenty Eight Racquette Drive Annexation, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2020-025 setting forth findings of fact and determinations regarding the One Twenty Eight Racquette Drive Annexation was adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the One Twenty Eight Racquette Drive Annexation (the “Property”) to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2020-010 and Resolution 2020-025 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: LOTS 99 AND 100, SECOND REPLAT OF THE FORT COLLINS INDUSTRIAL PARK, COUNTY OF LARIMER, STATE OF COLORADO is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the One Twenty Eight Racquette Drive Annexation, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the 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 ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. -2- Introduced, considered favorably on first reading, and ordered published this 17th day of March, A.D. 2020, and to be presented for final passage on the 7th day of April, A.D. 2020. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 7th day of April, A.D. 2020. __________________________________ Mayor ATTEST: __________________________ City Clerk