HomeMy WebLinkAboutLINCOLN JR. HIGH SCHOOL FIRST ANNEXATION ..... 2ND P & Z BOARD HEARING - 13-98 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSStatute 31-12-104
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shall not apply .to such an annexation. Judicial review of such an annexation
may be sought by any municipality having a plan in place pursuant to section
31-12-105 (1) (e) directly affected by such annexation, in addition to those
described in section 31-12-116 (1). Such review may be, but need not be,
instituted prior to the effective date of the annexing ordinance and may
include injunctive relief. Such review shall be brought no later than sixty
days after the effective date of the annexing ordinance or shall forever be
barred.
(c) Contiguity is hereby declared to be a fundamental element in any
annexation, and this subsection (2) shall not in any way be construed as having
the effect of legitimizing in any way any noncontiguous annexation.
"IM, IMI INNITMIMM,
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Statute 31-12-104
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for annexation.
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31-12-104. Eligibility for annexation. (1) An area is eligible for
annexation if the governing body, at a hearing as provided in section
31-12-109, finds and determines:
(a) That not less than one -sixth of the perimeter of the area proposed to
be annexed is contiguous with the annexing municipality. Contiguity shall not
be affected by the existence of a platted street or alley, a public or private
right-of-way, a public or private transportation right-of-way or area, public
lands, whether owned by the state, the United States, or an agency thereof,
except county -owned open space, or a lake, reservoir, stream, or other natural
or artificial waterway between the annexing municipality and the land proposed
to be annexed. Subject to the requirements imposed by section 31-12-105 (1)
(e), contiguity may be established by the annexation of one or more parcels in
a series, which annexations may be completed simultaneously and considered
together for the purposes of the public hearing required by sections 31-12-108
and 31-12-109 and the annexation impact report required by section 31-12-108.5.
(b) That a community of interest exists between the area proposed to be
annexed and the annexing municipality; that said area is urban or will be
urbanized in the near future; and that said area is integrated with or is
capable of being integrated with the annexing municipality. The fact that the
area proposed to be annexed has the contiguity with the annexing municipality
required by paragraph (a) of this subsection (1) shall be a basis for a finding
of compliance with these requirements unless the governing body, upon the basis
of competent evidence presented at the hearing provided for in section
31-12-109, finds that at least two of the following are shown to exist:
(I) Less than fifty percent of the adult residents of the area proposed
to be annexed make use of part or all of the following types of facilities of
the annexing municipality: Recreational,civic, social, religious, industrial,
or commercial; and less than twenty-five percent of said area's adult residents
are employed in the annexing municipality. If there are no adult residents at
the time of the hearing, this standard shall not apply.
(II) One-half or more of the land in the area proposed to be annexed
(including streets) is agricultural, and the landowners 'of such agricultural
land, under oath, express an intention to devote the land to such agricultural
use for a period of not less than five years.
(III) It is not physically practicable to extend to the area proposed to
be annexed those urban services which the annexing municipality provides in
common to all of its citizens on the same terms and conditions as such services
are made available to such citizens. This standard shall not apply to the
extent that any portion of an area proposed to be annexed is provided or will
within the reasonably near future be provided with any service by or through a
quasi -municipal corporation.
(2) (a) The contiguity required by paragraph (a) of subsection (1) of
this section may not be established by use of any boundary of an area which was
previously annexed to the annexing municipality if the area, at the time of its
annexation, was not contiguous at any point with the boundary of the annexing
municipality, was not otherwise in compliance with paragraph (a) of subsection
(1) of this section, and was located more than three miles from the nearest
boundary of the annexing municipality, nor may such contiguity be established
by use of any boundary of territory which is subsequently annexed directly to,
or which is indirectly connected through subsequent annexations to, such an
area.
(b) Because the creation or expansion of disconnected municipal
satellites, which are sought to be prohibited by this subsection (2), violates
both the purposes of this article as expressed in section 31-12-102 and the
limitations of this article, any annexation which uses any boundary in
violation of this subsection (2) may be declared by a court of competent
jurisdiction to be void ab initio in addition to other remedies which may be
provided. The provisions of section 31-12-116 (2) and (4) and section 31-12-117_
3/10/98 2:58:45 PM
Lincoln Junior High School 1st and 2; Annexations
Schedule of Dates:
Initial fleview by the Planning, -and Zoning Board:.
April 16; 1998
City Council Hearing::
May 7, 1998 (At this meeting, the City Council did not take action on the
proposed annexations. Rather, the City Council remanded the item back
to the Planning and Zoning BoardJor further consideration.)
Neighborhood Meeting:
June 10, 1998
Planning and Zoning Board Hearing (the Planning and Zoning Board
forwards a recommendation regarding the proposed annexations to the
City Council):
June 18, 1998
City, Council- Hearings:
Initiating Resolution -July 7, 1998
Annexation Approval (First Reading) -August 18, 1998
Annexation Approval (Second Reading) -September 1, 1998
The annexation, if approved, would become effective on September
11, 1998
FA, FARMING DISTRICT (Continued)
3. County Roads - subject to the requirements of the
Resolution Concerning Larimer County Road Classification
Standards and Setbacks (see Section 27.2.0 of this
Resolution).
4. Frontage Roads - setback shall be 75 feet from the centerline
of the right-of-way or 30 feet from the right-of-way line,
whichever is greater.
B. Side Yard (each yard) 5 feet
C. Rear Yard 10 feet
9.4 MINIMUM LOT AREA
A. Where both public water a
utilized.......................................
B. Where both public water and
utilized.......................................
9.5 MINIMUM LOT WIDTH
9.6 MAXIMUM HEIGHT OF STRUCTURES
15
3 public sewer facilities are
V2 acre
public sewer facilities are not
100,000 sq. ft.
75 feet
40 feet
Section 9.0
FA, FARMING DISTRICT
9.1 USES PERMITTED
A. All uses permitted in the R-Residential District subject to the use
provisions specified for such district unless otherwise stated herein;
B. farm and garden buildings and uses, including the raising of
crops, livestock, poultry, and similar farm uses;
C. grange halls;
D. stands for. the sale of agricultural products produced on the
premises;
E. signs for identification .... provided each use has not more than one
such sign and that each sign does not exceed 15 square feet in
area.
9.2 USES PERMITTED BY SPECIAL REVIEW
A. Oil drilling;
B. sand and gravel extraction;
C. kennels, commercial poultry farms, and feed yards;
D. major public utility mains, lines; and substations.... where no public
office and no repair or storage facilities are maintained;
E. radio and similar transmitting stations, but not including
administrative offices or broadcast studios;
F. veterinary clinics;
G. fuel alcohol plants associated with commercial livestock feeding
operations;
H. cemeteries;
I. boarding stables;
J. pet grooming facility.
K. country clubs and golf courses.
9.3 MLNIMUM SETBACK
A. Front Setback
1. Interior subdivision streets and all established public and
private roads .... 50 feet from centerline.
2. State Highways - subject to the requirements of the
Major Street and Highway Plan (see Section 27.23 of this
Resolution).
14
No Text
LINCOLN FIRST ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
SITUATE IN THE SOUTH 1/2 OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.,
AND IN THE NORTH 112 OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.,
COUNTY OF LARIMER, STATE OF COLORADO
LEGAL DESCRIPTION: APPROVED:
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Lincoln Jr. High School, First Annexation and Zoning, #13-98
April 2, 1998 P & Z Meeting
Page 5
RECOMMENDATION:
Staff recommends that the Planning and Zoning Board forward a recommendation to
the City Council to approve the Lincoln Junior High School 1st Annexation and Zoning
with a zoning of UE-Urban Estate.
Lincoln Jr. High School, First Annexation and Zoning, #13-98
April 2, 1998 P & Z Meeting
Page 4
All commercial signs on the property will have to conform to the City's Sign Code at the
conclusion of a five (5) year amortization period (the year 2003).
2. Zonina:
The proposed zoning for the Lincoln Junior High School 1 st Annexation and Zoning is
the UE-Urban Estate zone district. The purpose of the UE zone is described in the
Land Use Code as being:
"intended to be a setting for a predominance of low -density and large -lot
housing. The main purposes of this district are to acknowledge the presence of
the many existing subdivisions which have developed in these uses that function
as parts of the community and to provide additional locations for similar
development, typically in transitional locations between more intense urban
development and rural or open lands."
Public and private schools for elementary, intermediate and high school education are
permitted uses in the UE zone district. The proposed zoning is consistent with City Plan
and the designation on the City Structure Plan.
3. Compliance with State law:
The annexation has 17% of its perimeter boundary contiguous with existing City limits,
which complies with the minimum 1/6th contiguity as required by State law.
FINDINGS OF FACT/CONCLUSION:
1. The Lincoln Junior High School 1 st Annexation and Zoning 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 Lincoln Junior High School 1 st Annexation and Zoning meets all criteria
included in State law to qualify for annexation by the City of Fort Collins.
3. The requested UE-Urban Estate zone district is in conformance with the policies
of the City's Comprehensive Plan (City Plan) and the City Structure Plan.
4. A resolution initiating annexation proceedings was adopted by the City Council
on March 17, 1998.
Lincoln Jr. High School, First Annexation and Zoning, #13-98
April 2, 1998 P & Z Meeting
Page 3
COMMENTS:
1. Background
The Poudre School District ("the Applicant") submitted a written petition requesting a
100% voluntary annexation and zoning of approximately 1.89 acres in size and is
located on West Vine Drive, between North Shields Street and North Taft Hill Road.
The proposed annexation consists entirely of right-of-way along Vine Drive.
This is a voluntary annexation, located within the Urban Growth Area of the City of Fort
Collins. The City may annex property located within the Urban Growth Area Boundary,
provided that the property has 1/6th contiguity with the existing City boundary. The
proposed Lincoln Junior High 1st Annexation and Zoning complies with this
requirement. The property has 904.00 feet of its total boundary length of 5,419.13 feet
(17%) contiguous to existing City limits. This exceeds the minimum 903.13 feet required
to achieve 1/6th contiguity.
The contiguity to existing City limits is gained from the following common boundaries:
S: Northside Baptist Church Annexation
N: Granada Heights Annexation
The annexation and zoning of the Lincoln Junior High School is being accomplished
through sequential annexations in order to gain the required 1/6th contiguity to existing
City limits. The Lincoln Junior High School 1 st Annexation and Zoning is the first of two
annexations regarding the Lincoln Junior High School.
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 consider the annexation of property in the Urban Growth Area
when the property is eligible for annexation according to State law. The resolution
initiating annexation proceedings was adopted by City Council on March 17, 1998.
The surrounding zoning and land uses are as follows:
N: FA -Farming (County zoning) -large lot residential
S. FA -Farming (County zoning) -existing single-family residential
E: FA -Farming (County zoning) -existing single-family residential (Granada
Heights)
W: FA -Farming (County zoning) -large lot residential
Lincoln Jr. High School, First Annexation and Zoning, #13-98
April 2, 1998 P & Z Meeting
Page 2
UE-Urban Estate. The recommended zoning is consistent with City Plan Principles and
Policies for the Urban Estate district, and complies with the designation on the City
Structure Plan.
The City Council adopted a resolution initiating annexation proceedings on March 17,
1998, and is scheduled for first reading by City Council on April 21, 1998.
ITEM NO. 7
MEETING DATE. 4/16/98
STAFF Leanne Harter
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Lincoln Junior High School 1st Annexation and Zoning, #13-98
APPLICANT: Ron Daggett
Poudre School District
2407 LaPorte Avenue
Fort Collins, Colorado 80521
OWNERS: Poudre School District
2407 LaPorte Avenue
Fort Collins. Colorado 80521
PROJECT DESCRIPTION:
The annexation and zoning of the Lincoln Junior High School is being accomplished
through two sequential annexations in order to gain the required 1/6th contiguity to
existing City limits. The Lincoln Junior High School 1st Annexation and Zoning is the
first of these two annexations.
The Lincoln Junior High 1 st Annexation and Zoning is approximately 1.89 acres in size
and is located on West Vine Drive, between North Shields Street and North Taft Hill
Road. The proposed zoning for this annexation is UE-Urban Estate zone district.
RECOMMENDATION: Staff recommends approval of the annexation and zoning of
UE-Urban Estate zone district.
EXECUTIVE SUMMARY:
This is a 100% voluntary annexation and zoning of an area approximately 1.89 acres in
size and is located on on West Vine Drive, between North Shields Street and North Taft
Hill Road. The proposed Lincoln Junior High School 1st Annexation consists entirely of
right-of-way along Vine Drive. The property has 904.00 feet of its total boundary length
of 5,419.13 feet (17%) contiguous to existing City limits. This exceeds the minimum
903.13 feet required to achieve 1/6th contiguity.
The proposed zoning for the Lincoln Junior High School 1st Annexation and Zoning is
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box580 Fort Collins, CO80522-0580 (970)221-6750
PLANNING DEPARTMENT