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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/31/2020 - RESOLUTION 2020-031 FINDING SUBSTANTIAL COMPLIANCEAgenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY March 31, 2020 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Resolution 2020-031 Finding Substantial Compliance and Initiating Annexation Proceedings for the One Twenty Eight Racquette Drive Annexation. EXECUTIVE SUMMARY Annexation. This is a 100% voluntary annexation. The property contained within the annexation area is approximately 35,000 square feet and abuts the Fort Collins Airpark, 365 feet west of the Dry Creek subdivision. The proposed zoning for this annexation is Industrial (I). On January 21, 2020, Council adopted Resolution 2020-010 initiating annexation proceedings for the One Twenty Eight Racquette Drive Annexation and scheduling a hearing date of March 17, 2020 for the proposed annexation. Due to current events around COVID-19 City Council was not able to assemble a quorum to make a decision on this item. As a result, the annexation was not able to meet the statutory timing requirements that an annexation hearing must not occur more than 60 days after the effective date of the initiating resolution. This new Resolution will reinitiate annexation proceedings for One Twenty Eight Racquette Drive. The proposed Resolution makes a finding that the annexation petition substantially complies with the Municipal Annexation Act of 1965, determines that a hearing should be established regarding the annexation, and directs notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and zoning ordinances, and notice will be published and distributed as required by State law. 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. BACKGROUND / DISCUSSION The current use of the site by Cheer Central 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 Agenda Item 13 Item # 13 Page 2 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 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 would not create an enclave. CITY FINANCIAL IMPACTS No financial impacts are expected as a result of this annexation. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board has conducted a public hearing of the annexation and zoning request, Thursday, February 20, 2020. The Board recommended placement of the property into the Industrial (I) zone district. 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 and Zoning Map (PDF) 2. Annexation Map (PDF) 3. Annexation Petition (PDF) 4. Site Operation Narrative (PDF) E Linc o ln Ave S Link Ln Wi n amac Dr M usk e g on Ct K a l k ask a C t Racquette Dr Dai n e Dr Mackinac S t Ho u g h ton Ct N o q u et C t Winnipeg Ct Walhalla Ct N Link Ln E OCltive Webster Ct Airp a rk Dr B an n oc k St N ewaygo Dr Comme r 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. -1- RESOLUTION 2020-031 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE ONE TWENTY EIGHT RACQUETTE DRIVE ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, has been filed with the City Clerk requesting the annexation of certain property to be known as the One Twenty Eight Racquette Drive Annexation, as more particularly described below; and WHEREAS, City Council previously adopted Resolution 2020-010 on January 21, 2020 initiating annexation proceedings for the One Twenty Eight Racquette Drive Annexation and scheduled a hearing date of March 17, 2020 for the proposed annexation in accordance with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes (the “Act”); and WHEREAS, due to the COVD19 pandemic, City Council was unable to action at its meeting on March 17, 2020 due to lack of a quorum and adjourned that meeting to March 31, 2020 and was thus unable to meet the requirements of the Act to hold the annexation hearing within 60 days after the original initiating Resolution 2020-010; and WHEREAS, the City Council desires to reinitiate annexation proceedings for the One Twenty Eight Racquette Drive Annexation in accordance with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. 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 accepts the annexation petition for the One Twenty Eight Racquette Drive Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: LOTS 99 AND 100, SECOND REPLAT OF THE FORT COLLINS INDUSTRIAL PARK, COUNTY OF LARIMER, STATE OF COLORADO. Section 3. That the City Council hereby finds and determines that the annexation petition for the One Twenty Eight Racquette Drive Annexation is in substantial compliance with the Municipal Annexation Act in that the annexation petition contains the following: (1) An allegation that it is desirable and necessary that such area be annexed to the municipality; (2) An allegation that the requirements of Colorado Revised Statutes sections 31-12- 104 and 31-12-105 exist or have been met; -2- (3) An allegation that the signers of the petition comprise more than fifty percent of the landowners in the area and own more than fifty percent of the area proposed to be annexed, excluding public streets and alleys and any land owned by the annexing municipality; (4) The signatures of such landowners; (5) A request that the annexing municipality approve the annexation of the area proposed to be annexed; (6) The mailing address of each such signer; (7) The legal description of the land owned by such signer; (8) The date of signing of each signature; and (9) The affidavit of the circulator of such petition that each signature therein is the signature of the person whose name it purports to be. Section 4. That the City Council hereby finds and determines that the annexation map, four copies total, accompanying the annexation petition for the One Twenty Eight Racquette Drive Annexation is in substantial compliance with the Municipal Annexation Act in that the map contains the following: (1) A written legal description of the boundaries of the area proposed to be annexed; (2) A map showing the boundary of the area proposed to be annexed; (3) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (4) Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. Section 5. That the Notice attached hereto as Exhibit “A” is hereby adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of annexation and zoning ordinances pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. -3- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 31st day of March, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2020-031 initiating annexation proceedings for the One Twenty Eight Racquette Drive Annexation, consisting of approximately 0.8 acres, abutting the Fort Collins Airpark, 365 feet west of the Dry Creek subdivision, said Annexation being more particularly described in Resolution 2020-031. That, on May 5, 2020, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the Industrial (“I”) Zone District. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Dated this _____ day of _______________, A.D. 2020. _______________________________ City Clerk ce Dr T o ron t o St Poudre Pkwy Webster Ave H e at h Pkwy D uff Dr Airway Ave E ILMN © One Twenty LocationDrive Eight & Zoning Racquette Map 1 inch = 417 feet Site ATTACHMENT 1