HomeMy WebLinkAboutLINCOLN-LEMAY ANNEXATION & ZONING - 33-97 - REPORTS - FIRST READINGA-
-j7of Fort Collins
Communif-, Planning and Environmental Services
Current Plax,.ang
February 17, 1998
Daniel L. Ellsworth
1101 East Lincoln Avenue
Fort Collins, Colorado 80521
Dear Daniel:
Attached is some information pertaining to the annexation and zoning of the property known as
the Lincoln-Lemay Annexation and Zoning. The attached memo from Alan Krcmarik, Financial
Officer for the City of Fort Collins, was prepared in April, 1997, for the Planning and Zoning
Board. The information is still valid, and if you have questions related to the memo, I
recommend you telephone Mr. Krcmarik at 221-6788.
As we previously discussed on the telephone, listed below is a schedule of the upcoming
hearings and times regarding the enclave annexation and zoning.
Planning and Zoning Board February 19, 1998
(Begins at 6:30 PM --the item has been placed on the
consent agenda as there is no known controversy-mgarding
the proposed annexation and zoning.)
City Council March 3, 1998 (First Reading of the Annexation and
Zoning Ordinances)
March 17, 1998 (Second Reading of the Annexation and
Zoning Ordinances)
The recommended zoning for the property remains CCR-Community Commercial-Poudre River
zone district.
If you have any questions, please do not hesitate to call me at 221-6750.
Best regards,
Leanne A. Harter
xc: File
281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020
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 foot)
t o
Inductn'al (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
Annex 'on
: `,040
Rezoning
Ovarall Development Plan
1 4-00
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
1,21 e
Extension of Final Approval
496
Minor Amendment
168
lrL� Fort Collins
Ad rdnis t Services
Finance Administration
MEMORANDUM
DATE: April 3, 1997
TO: Planning and Zoning Board
FROM: Alan J. Krcmarik, Financial Officer
S:JBJEC, �rnexat;on Financial Concerns: Taxes, ,_2
' t_, 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.f_pr which licenses are
equired.
TAXES and FRANCHISE FEES
_- oemi °x_ Tie City of Fort C31(:;;s levies = c=e
t. tax of 'g' -; g , -his ie _i--st shv
C i °a Of t;.a assessed va!;e "f the rropertv.=roccries Outs:;;? :he `'i i 'll�;:S ad'
the
of assessed
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.
Lodoina� In addition to the sales and use tax, the City
temporary use of lodging facilities. This tax is paid by the lodger sand iscol ec edthe an the
lodgers bill.
was Comoanv Occupational Privilege Tax. The City imposes an Occupational Privilege tax
Public Service Company. The tax is a total amount of $445,000 per year. PSCO passes
300 LaPorte Avenue • P.O. Box 380 • Fort Collins, CO 80322-0580 • (970) 2-1-6788 . FAX (970)221-67S?
Lincoln - Lemay Annexation and Zoning, #33-97
February 19, 1998 P & Z Meeting
Page 3
2. Zoning:
This property is currently zoned I, Industrial in Larimer County. The proposed zoning
for this annexation is the CCR, Community Commercial - Poudre River Zoning District.
The CCR, Community Commercial - Poudre River District provides locations for
redevelopment or development of moderate intensity uses that are supportive of
downtown, subject to floodplain restrictions. Such redevelopment or development shall
be compatible with the scenic, cultural, natural, and historical context of the River and
downtown. The main purpose of the District is to foster a healthy and compatible
relationship between the River, the downtown and surrounding urban uses.
3. Existing Uses:
The existing uses consist of a retail business and a restaurant. Both uses are permitted
uses in the CCR - Community Commercial -Poudre River Zone District.
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.
3. The requested CCR, Community Commercial - Poudre River District is in
conformance with the policies of the City's Comprehensive Plan and City
Structure Plan.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Board forward a recommendation to
the City Council to approve the Lincoln-Lemay Avenue Annexation with a zoning of
CCR, Community Commercial - Poudre River.
Lincoln - Lemay Annexation and Zoning, #33-97
February 19, 1998 P & Z Meeting
Page 2
COMMENTS:
1. Background:
The Lincoln - Lemay Annexation is approximately 1.7 acres in size, located on the west
side of North Lemay Avenue, between East Lincoln Avenue and East Mulberry Street.
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:I;
vacant
E: C;
approved plan Mulberry - Lemay Crossing #36-96
S: CCR;
golf course
W: CCR;
golf course
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 therefore is,
eligible for annexation. The area became completely surrounded through the following
annexations:
N: Northeast Consolidated Annexation - June 6, 1974
E: Lemay Avenue Second Annexation - April 18, 1989 Road R.O.W.
Fisher-Lemay Annexation 8/15/95
S: Link-N-Greeens Third Annexation - January 21, 1992
W: Link-N-Greeens Third Annexation - January 21, 1992
This area became eligible for involuntary annexation into the City on January 21, 1995.
The site includes two businesses. 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.
There was a property owner meeting held on January 27, 1998, at 281 North College.
The property owner did not attend that meeting.
ITEM NO. 6
MEETING DATE 2 19 98
STAFF Leanne Harter
I City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Lincoln-Lemay Avenue Annexation & Zoning, #33-97
APPLICANT: City of Fort Collins
OWNERS: Daniel L. Ellsworth
1101 East Lincoln Avenue
Fort Collins, CO 80521
PROJECT DESCRIPTION: Annexation and zoning of an enclave area of
approximately 1.7 acres in size, located on the west side of North Lemay Avenue,
between East Lincoln Avenue and East Mulberry Street. The recommended zoning is
CCR, Community Commercial - Poudre River.
RECOMMENDATION: Staff recommends approval of the annexation and zoning as
CCR, Community Commercial - Poudre River.
EXECUTIVE SUMMARY: This is an annexation and zoning of an enclave area of
approximately 1.7 acres in size, located on the west side of North Lemay Avenue,
between East Lincoln Avenue and East Mulberry Street. The recommended zoning is
CCR, Community Commercial - Poudre River.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 28I N. College Ave. PCI. Sox 5N(1
PLANNING DEPARTMENT
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VICINITY MAP
#33-97 LINCOLN-LEMAY
ANNEXATION AND ZONING
12/12/97
1"= 600'
911kimN2JAVA
ORDINANCE NO. 32, 1998
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 LINCOLN-LEMAY AVENUE ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
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 Lincoln-Lemay Avenue Annexation to the City of
Fort Collins, Colorado, in the Community Commercial - Poudre River (C-C-R) Zone District.
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 Director of Engineering 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 3rd day of
March, A.D. 1998, and to be presented for final passage on the 17th day of March, A.D. 1998.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 17th day of March, A.D. 1998.
Mayor
City Clerk
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 3rd day of
March A.D. 1998, and to be presented for final passage on the 17th day of March A.D. 1998.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 17th day of March, A.D. 1998.
ATTEST:
City Clerk
2
Mayor
ORDINANCE NO. 31, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
LINCOLN-LEMAY AVENUE ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 98-35, 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 SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 7
NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO,
WHICH CONSIDERING THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
12 AS BEARING N89942132"W AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT
WHICH BEARS N89642'32"W 30.01 FEET FROM THE E 1/4 CORNER OF SAID SECTION 12, SAID
POINT BEING THE TRUE POINT OF BEGINNING AND A POINT ON THE NORTHEAST
CONSOLIDATED ANNEXATION TO THE CITY OF FORT COLLINS, THENCE ALONG SAID
ANNEXATION N89042' 32" W 51.87 FEET TO A POINT ON THE LINK-N-GREENS THIRD
ANNEXATION TO THE CITY OF FORT COLLINS. THENCE ALONG SAID ANNEXATION
S10030'56"W 351.29 FEET, THENCE S71 ° 3743" E 198.01, THENCE N87047'01 "E 138.68 FEET TO
A POINT ON THE LEMAY AVENUE SECOND ANNEXATION TO THE CITY OF FORT COLLINS,
THENCE ALONG THE SAID ANNEXATION N24"09'51 "W 333.38 FEET, THENCE ALONG THE
ARC OF A 930.93 FOOT RADIUS CURVE TO THE LEFT, A DISTANCE OF 66.02 FEET, THE
LONG CHORD OF WHICH BEARS N28054'01"W 66.01 FEET, THENCE N89°42' 32" W 43.57
FEET, THENCE NO2°02'39"E 40.02 FEET TO THE POINT OF BEGINNING.
be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as
the Lincoln-Lemay Avenue 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.
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
RESOLUTION 98-35
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE LINCOLN-LEMAY AVENUE ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Lincoln-Lemay Avenue 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 as follows:
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 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
Lincoln-Lemay Avenue 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
3rd day of March, A.D. 1998.
Mayor
ATTEST:
City Clerk
DATE: March 3, 1
3 1 ITEM NUMBER: 16 A-C
Existing and Proposed Zoning
This property is currently zoned I, Industrial in Latimer County. The proposed zoning for this
annexation is the CCR, Community Commmercial-Poudre River Zoning District. The CCR,
Community Commercial-Poudre River District provides locations for redevelopment or development
of moderate intensity uses that are supportive of downtown, subject to floodplain restrictions. Such
redevelopment or development shall be compatible with the scenic, cultural, natural, and historical
context of the River and downtown. The main purpose of the District is to foster a healthy and
compatible relationship between the River, the downtown and surrounding urban uses.
Existing Uses
The existing uses consist of a retail business and a restaurant. Both uses are permitted uses in the
CCR -Community Commercial-Poudre River Zone District.
PLANNING AND ZONING BOARD RECOMMENDATION:
On February 19, 1998, the Planning and Zoning Board unanimously voted to recommend that the
City Council approve the Lincoln-Lemay Avenue Annexation and Zoning with the CCR-Community
Commercial-Poudre River zone district as recommended by staff.
STAFF RECOMMENDATION:
Staff recommends approval of the Lincoln-Lemay Avenue Annexation and Zoning with a zoning
of CCR-Community Commercial-Poudre River zone district, which is consistent with the adopted
City Structure Plan.
This Agenda Item Summary includes the following attachments:
• Vicinity maps (s)
• February 19, 1998, Planning and Zoning Board packet
• Handouts from the February 19, 1998, Planning and Zoning Board hearing
• Letter addressed to Mr. Daniel Ellsworth dated February 17, 1998
DATE: March 3, 1998 2 ITEM NUMBER: 16 A-C
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: Lemay Avenue 2nd Annexation - April 18, 1989 (Road R.O. W.); Fisher-Lemay
Annexation - August 15, 1995
S: Link-N-Greens 3rd Annexation - January 21, 1992
W: Link-N-Greens 3rd Annexation - January 21, 1992
The property became eligible for annexation as an enclave on January 21, 1995.
The surrounding zoning and land uses are as follows:
N:I;
vacant
E: C;
approved plan-- Mulberry-Lemay Crossing, #36-96
S: CCR;
golf course (Link-N-Greens)
W: CCR;
golf course (Link-N-Greens)
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
requiring an action by the Board of County Commissioners. Therefore, development
may take place through the issuance of building permits for permitted uses.
The site includes two businesses (Lambspun and Sweetie Pie). 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.
Property Owner's Meeting
There was a property owner meeting held on January 27, 1998, at 281 North College. The property
owner did not attend that meeting. After a subsequent telephone conversation, a letter was mailed
to the property owner on February 18, 1998, addressing the impact of annexation and zoning upon
taxes.
AGENDA ITEM SUMMARY ITEf 14UMBER: 16 A-C
DATE: March 3, 1998
FORT COLLINS CITY COUNCIL STAFF:
Leanne A. Harter
SUBJECT:
Items Relating to the Lincoln-Lemay Avenue Annexation and Zoning.
RECOMMENDATION:
Staff recommends adoption of the Resolution and of the Ordinances on First Reading.
EXECUTIVE SUMMARY:
A. Resolution 98-35 Setting Forth Findings of Fact and Determinations Regarding the Lincoln-
Lemay Avenue Enclave Annexation and Zoning.
B. First Reading of Ordinance No. 31, 1998, Annexing Property Known as the Lincoln-Lemay
Avenue Enclave Annexation.
C. First Reading of Ordinance No. 32, 1998, Amending the Zoning District Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the Lincoln-Lemay
Avenue Enclave Annexation and Zoning.
This is an involuntary annexation and zoning of an enclave area approximately 1.5 acres in size and
is located on the west side of North Lemay Avenue, between East Lincoln Avenue and East
Mulberry Street. The existing use of the property is a restaurant and retail business. The proposed
zoning for this annexation is CCR, Community Commercial-Poudre River. 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: Daniel L. Ellsworth
1101 East Lincoln Avenue
Fort Collins, Colorado 80521
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