HomeMy WebLinkAboutLINCOLN JR. HIGH SCHOOL FIRST ANNEXATION ..... 3RD P & Z BOARD HEARING - 13-98 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSa
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1/Sea attaened map of Lincoln Jr Righ First and Seeond Annexation proporal
2/ 'Gerrymandering^ to manipulate unfairly.falaify to gain advantage.
to divide in such a way as to give an unfair advantage.(Webstera
New World Dictionary)
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ADDITIONAL SIGNATURE PAGE
TO FORT COLLINS CITY
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WE WISH TO AFFIX OUR SIGNATURES TO THE PETITION OPPOSING THE LINCOLN JR. MIG4j
FIRST COND OR ANY OTHER ANNEXATION.
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2.
Furthermore,we, the undersigned, respectfully submit,we have
witnessed an adequate and fairly constant presence of the
Fort Collins City Police force in our community under the
ongoing arrangement between the Larimer County Sheriff's
department and the Fort Collins City Police. We contend that
given the aforementioned facts relative to safety issues,
the School districts reasons for petitioning for annexation
is without merit.
Furthermore, we, the undersigned owners of property,which
will be adversely impacted by the Lincoln Jr High Second
Annexation proposal, respectfully submit the Fort Collins
City Planning department misrepresented the facts relative
to increased taxation,if the Lincoln Jr High Second
Annexation proposal is approved. It naturally follows,when
additional responsibility falls to any government body,that
added responsibility must create additional costs.
Additional cost naturally dictates demand for more taxes to
pay for those additional services.
We,the undersigned,having been residents of the community
for several years,have observed considerable street
improvement activity by the Fort Collins street department.
It naturally follows,if the Lincoln Jr High Second
Annexation proposal is approved, the Third Annexation
would follow close on it's heels. Furthermore,we. the
undersigned, respectfully submit, annexation into the City
of Fort Collins would destroy the feeling and flavor of
Country living which we now enjoy.
Furthermore, we, the undersigned, respectfully submit,
annexation into the City of Fort Collins would not provide
a benefit of any kind to we, the property owners, who would
be adversely affected by such annexation.
Therefore,we, the undersigned, petition the Fort Collins
City Council to yield to the wishes of the majority of
property owners adversely affected by the Lincoln Jr High
Second Annexation proposal,and consider that forcing
annexation on unwilling property owners and taxpayers,can
only breed ill will between those Council members who vote
to approve annexation over the wishes of the majority in
the community affected by annexation,and the taxpayer.
PROTEST
TO THE FORT COLLINS CITY COUNCIL:
MN
CITY CLERK
The undersigned, being owners of property accessing
from or directly abutting West Vine Drive, do hereby serve
notice of protest against Lincoln JR High First Annexation.
Furthermore,we, the undersigned, petition the Fort Collins
City Council to ABANDON their recommendation for approval
of the Lincoln Jr High First Annexation.,/
Furthermore, we, the undersigned, consider flagpole
annexation distasteful and in the same category as
gerrymandering :,. The use of flagpole annexation as a means
of acheiving a goal which would otherwise be illegal smacks
of gerrymandering pure and simple.
We,the undersigned, being owners of property accessing from
or directly abutting the Lincoln Jr High Second Annexation,
do hereby oppose all efforts to approve the Lincoln Jr High
Second Annexation proposal.Since there currently exists no
compelling reason, or mandatory obligation of the Fort
Collins City Council to approve the proposal for the Lincoln
Jr High Second Annexation proposal, we the undersigned
property owners adversely impacted by said proposal,do
hereby petition the Fort Collins City Council to ABANDON
further efforts to annex the property subject to the Lincoln
Jr High Second Annexation proposal.
We, the undersigned, respectfully submit,we have been
subjected to subversion of the facts regarding said
proposal.
Furthermore, we, the undersigned,respectfully submit,we have
not been contacted by Lincoln Jr High school officials
advising us of any increased criminal activity in our
community. We suggest, if such claim were true,said school
officials had the social obligation to so advise the land
owners in the community.
Furthermore, we, the undersigned go on record to inform the
Fort Collins City Council we continue to feel the Larimer
County Sheriff's department has been doing an adequate job
of furnishing protection to the community.
No Text
3.
1/See attached map of Lincoln Jr High First and Second Annexation proposal
2/ "Gerrymandering" to manipulate unfairly;falsify to gain advantage.
to divide in such a way as to give an unfair advantage.(Websters
New World Dictionary)
NAME: ADDRESS:
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2.
Furthermore,we, the undersigned, respectfully submit,we have
witnessed an adequate and fairly constant presence of the
Fort Collins City Police force in our community under the
ongoing arrangement between the Larimer County Sherriff's
department and the Fort Collins City Police. We contend that
given the aforementioned facts relative to safety issues the
School districts reasons for petitioning for annexation is
without merit.
Furthermore, we, the undersigned owners of property which
will be adversely impacted by the Lincoln Jr High Second
Annexation proposal, respectfully submit the Fort Collins
City Planning department misrepresented the facts relative
to increased taxation if the Lincoln Jr High Secend
Annexation proposal is approved. It naturally follows,when
additional responsibility falls to any government body,that
very added responsibility must create additional costs.
Additional cost naturally dictates demand for more taxes to
pay for those additional services.
We, the undersigned, having been residents of the community
for several years have observed considerable street
improvement activity by the Fort Collins street department.
It naturally follows,if the Lincoln Jr High Second
Annexation proposal is approved, the Third Annexation
would follow close on it's heels. Furthermore,we. the
undersigned, respectfully submit, annexation into the City
of Fort Collins would destroy the feeling and flavor of
Country living which we now enjoy.
Furthermore, we, the undersigned, respectfully submit,
annexation into the City of Fort Collins would not provide
a benefit of any kind to we, the property owners, which
would be adversely affected by such annexation.
Therefore,we, the undersigned, petition the Fort Collins
City Council to yield to the wishes of the majority of
property owners adversely affected by the Lincoln Jr High
Second Annexation proposal and consider the fact forcing
annexation on unwilling property owners and taxpayers can
only breed ill will between those Council members who vote
to approve annexation over the wishes of the majority in
the community affected by annexation.
PROTEST
MA'r D
11998
CITY CLERK
TO THE FORT COLLINS CITY COUNCIL:
The undersigned, being owners of property accessing
from or directly abutting West Vine Drive, do hereby serve
notice of protest against Lincoln JR High First Annexation.
Furthermore,we, the undersigned, petition the Fort Collins
City Council to ABANDON their recommendation for approval
of the Lincoln Jr High First Annexation.ii
Furthermore, we, the undersigned, consider flagpole
annexation distasteful and in the same category as
gerrymandering zi. The use of flagpole annexation as a means
of acheiving a goal which would otherwise be illegal smacks
of gerrymandering pure and simple.
We,the undersigned, being owners of property accessing from
or directly abutting the Lincoln Jr High Second Annexation,
do hereby oppose all efforts to approve the Lincoln Jr High
Second Annexation proposal.Since there currently exists no
compelling reason, or mandatory obligation of the Fort
Collins City Council to approve the proposal for the Lincoln
Jr High Second Annexation proposal, we the undersigned
property owners adversely impacted by said proposal,do
hereby petition the Fort.Collins City Council to ABANDON
further efforts to annex the property subject to the Lincoln
Jr High Second Annexation proposal.
We, the undersigned, respectfully submit,we have been
subjected to subversion of the facts regarding said
proposal.
Furthermore, we, the undersigned,respectfully submit,we have
not been contacted by Lincoln Jr High school officials
advising us of any increased criminal activity in our
community. We suggest, if such claim were true,said school
officials had the social obligation to so advise the land
owners in the community.
Furthermore, we, the undersigned go on record to inform the
Fort Collins City Council we continue to feel the Larimer
County Sherriff's department has been doing an adequate job
of furnishing protection to the community.
3.
1/See attached map of Lincoln Jr High First and Second Annexation proposal
2/ "Gerrymandering" to manipulate unfairly;falsify to gain advantage.
to divide in such a way as to give an unfair advantage.(Websters
New World Dictionary)
NAME: ADDRESS:
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2.
Furthermore,we, the undersigned, respectfully submit,we have
witnessed an adequate and fairly constant presence of the
Fort Collins City Police force in our community under the
ongoing arrangement between the Larimer County Sheriff's
department and the Fort Collins City Police. We contend that
given the aforementioned facts relative to safety issues,
the School districts reasons for petitioning for annexation
is without merit.
Furthermore, we, the undersigned owners of property,which
will be adversely impacted by the Lincoln Jr High Second
Annexation proposal, respectfully submit the Fort Collins
City Planning department misrepresented the facts relative
to increased taxation,if the Lincoln Jr High Second
Annexation proposal is approved. It naturally follows,when
additional responsibility falls to any government body,that
added responsibility must create additional costs.
Additional cost naturally dictates demand for more taxes to
pay for those additional services.
We,the undersigned,having been residents of the community
for several years,have observed considerable street
improvement activity by the Fort Collins street department.
It naturally follows,if the Lincoln Jr High Second
Annexation proposal is approved, the Third Annexation
would follow close on it's heels. Furthermore,we. the
undersigned, respectfully submit, annexation into the City
of Fort Collins would destroy the feeling and flavor of
Country living which we now enjoy.
Furthermore, we, the undersigned, respectfully submit,
annexation into the City of Fort Collins would not provide
a benefit of any kind to we, the property owners, who would
be adversely affected by such annexation.
Therefore,we, the undersigned, petition the Fort Collins
City Council to yield to the wishes of the majority of
property owners adversely affected by the Lincoln Jr High
Second Annexation proposal,and consider that forcing
annexation on unwilling property owners and taxpayers,can
only breed ill will between those Council members who vote
to approve annexation over the wishes of the majority in
the community affected by annexation,and the taxpayer.
PROTEST
CITY CLERK
TO THE FORT COLLINS CITY COUNCIL:
The undersigned, being owners of property accessing
from or directly abutting West Vine Drive, do hereby serve
notice of protest against Lincoln JR High First Annexation.
Furthermore,we, the undersigned, petition the Fort Collins
City Council to ABANDON their recommendation for approval
of the Lincoln Jr High First Annexation.ii
Furthermore, we, the undersigned, consider flagpole
annexation distasteful and in the same category as
gerrymandering The use of flagpole annexation as a means
of acheiving a goal which would otherwise be illegal smacks
of gerrymandering pure and simple.
We,the undersigned, being owners of property accessing from
or directly abutting the Lincoln Jr High Second Annexation,
do hereby oppose all efforts to approve the Lincoln Jr High
Second Annexation proposal.Since there currently exists no
compelling reason, or mandatory obligation of the Fort
Collins City Council to approve the proposal for the Lincoln
Jr High Second Annexation proposal, we the undersigned
property owners adversely impacted by said proposal,do
hereby petition the Fort Collins City Council to ABANDON
further efforts to annex the property subject to the Lincoln
Jr High Second Annexation proposal.
We, the undersigned, respectfully submit,we have been
subjected to subversion of the facts regarding said
proposal.
Furthermore, we, the undersigned,respectfully submit,we have
not been contacted by Lincoln Jr High school officials
advising us of any increased criminal activity in our
community. We suggest, if such claim were true,said school
officials had the social obligation to so advise the land
owners in the community.
Furthermore, we, the undersigned go on record to inform the
Fort Collins City Council we continue to feel the Larimer
County Sheriff's department has been doing an adequate job
of furnishing protection to the community.
C
TO POUDRE R-1 AND CITY AND COUNTY PLANNING AND ZONING
QUESTIONS; GENERAL AND SPECIFIC REGARDING
WEST VINE/LINCOLN JR HIGH ANNEXATION
1 Is public school land public?
2 If public school land is public, Why is the East side of Lincoln
Jr High completely closed to public access?
3 Why is the fire hydrant fenced off in the rear of Lincoln?
4 If the School District is not a developer, what is their
responsibility, liability and duties in regards to:
Fences
Ball Fields
Public_ access
Public Rest rooms (currently 2 porta potties for 3 fields)
Parking and Water runnoff from parking
Legal due process regarding Lighting the ball fields
Legal due process regarding future expansion
Traffic Impact studies, storm water runnoff studies
Communication with Neighbors and adjacent land owners
S If Lincoln Jr High and West Vine drive are annexed, Will this
trigger Street oversizing? What about safety, sidewalks?
And as the SCHOOL DISTRICT is not a developer, who will pay for
this "IMPROVEMENT"?
There is a strong conflict of responsibilty with the West Vine
Drainage district now forming and the large amount of runnoff
generated from Lincoln Jr High. What agency will decree curbs
/gutters or large storm drains/curbs/gutters or updating
of the present system of ditches and culverts?
6 If the presence of Police is the issue on the annexation, why
can't the city police be deputized with the county to handle
this problem.
7 Annexation creates a problem with emergency services to the
whole area. If the students start a fight on the street and move
to private land are the Lar sheriff dept called or city police?
Private residents calling 911 on West Vine Drive automatically
are connected to county law inforcement not city.
Who plows the snow, fixes the potholes?
8 Is there a GRAND PLAN ? Why isn't it public knowledge?
9 Does InterGoverment policy mean deliberate confusion? UGA also?
10 Why is legal due process (notification, variances, annexation,
permits, and storm water) applied only to private land owners
and developers and not to other entities?
THE REASON FOR ALL THESE QUESTIONS AND DISTRUST IS THAT WE FEEL,
MORE THAN THE NEIGHBORS, THAT WE ARE BEING STEAM ROLLED FROM THE
COUNTY, CITY AND POUDRE R-1 NOT TO MENTION THE NEW WEST VINE
STORM WATER DRAINAGE BASIN.
SIGNED BY _-_-
/Jh- ,
Lincoln Junior High School 15t and 2"d Annexations
Schedule of Dates:
Initial Review 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 Board for 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
Statute 31-12-104
Page 2 of 2
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.
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3/10/98 2:58:45 PM
Statute 31-12-104
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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
No Text
30. (Applicant) If the process says no, we won't continue to seek annexation.
Again, this is something that the District initiated and the City is obligated to
take us through the process.
31. We don't want to be in the City. We pay school taxes as well and may not
vote for school taxes in the future.
Applicant: There isn't a plot going on here. The District is seeking
annexation because we believe it is in the best interests
of the children.
32. Years ago, the City tried to annex but was stopped short because it wasn't
legal. We want to keep the City at arms length.
33. Is the City hungry to annex land?
City: We are doing enclave annexations only to the extent legally
able to do so.
34. Given the traffic concerns on Vine Drive, what would change the
improvements on Vine Drive? Can we, as County residents, go to the City to
request a light on Lancer Drive?
City: Yes, you would need to contact the City's Traffic Operations
Department. Since the road would be within the City limits,
we would be the ones responsible for the streets.
35. Where are you going to put the ditch?
City: We are still in the process of determining this. The initial
plan done in 1980 didn't address anything north of Vine
Drive. We are in the process of hiring a consultant (this
summer) and will notify affected property owners to discuss
alternatives.
Page 7
of a soccer field/lacrosse field may require review by the
City's Planning and Zoning Board as a site plan advisory
review. At the time that the District would want to construct
such improvements, the intergovernmental agreement
between the Poudre School District and City of Fort Collins
would be reviewed to determine whether such a review
would be required. The current IGA does state the review is
required "prior to construction of any improvements" and is
intended to comply with the requirements of State statutes.
It would need to be determined whether ball fields equates
to "improvements."
County: The question relates to the County's proposed stormwater
fees. These are based on the amount of "developed" and
"undeveloped" land on the property. Residential uses are
given rebates for which the school is ineligible.
25. Does the expansion of the ball fields equal development?
City: This question needs to be researched. A separate letter
addressing this issue is attached.
26. What improvements will result from annexation?
City: The annexation will not result in improvements to Vine Drive.
As a part of the City limits, the City's Streets Department will
assume maintenance of the road. However, it is likely that
both City and County maintenance crews will provide
service.
27. Is there a minimum size for annexation?
City: No.
28. Why is the recommended zoning Urban Estate.
City: In recommending zoning to the Planning and Zoning Board
and City Council, we review the City Structure Plan and City
Plan upon which to base zone districts. Urban Estate zone
district is consistent with what is defined on these plans.
29. Will a City police officer be placed on this site?
Applicant: The District has requested additional resource officers from
the City. If the annexation does not occur, the Sheriff's
representative will remain.
Page 6
generation.
19. What are the County interests in annexation?
City: There is an intergovernmental agreement in effect between
the City and County that both jurisdictions must follow
regarding future annexations. This agreement in effect
since 1985 states that the City will process applications for
voluntary annexations. An Annexation Impact Report was
forwarded to the County Commissioners for review and
comments.
20. We feel like the City and Poudre School District are initiating a process that
will affect residents and require mandatory annexation.
21. Is the "enclave" eligible for forced annexation?
City: Right-of-way itself does not create an enclave eligible for
forced annexation. It is not a legal enclave.
22. We are talking about all the water uphill that goes downhill, and we want to
know if the school is responsible.
City: Annexation itself doesn't require the school to make
improvements. Most of the basin is in the County, and since
the County doesn't collect fees for storm drainage, there are
no funds available to make improvements. As soon as the
school is within the City limits, the school will be required to
pay storm drainage fees.
Applicant: The District has voluntarily initiated stormwater
improvements to other school sites.
23. Will the proposed annexation result in the adjacent property owners being
required to put in sidewalks?
City: No, the sidewalk will not improved until new development
occurs. At that time, the developer will be responsible to
complete the improvements.
24. How does the City define developed? What has changed form the original
condition?
City: The City defines "development" in the Land Use Code. A
copy of this definition is attached to the minutes.
Depending on the nature of the improvements, the addition
Page 5
Applicant: The E911 would have changed the computer so that when
you call and say there's a disturbance at the school, the City
Police will respond. It is likely that both jurisdictions may
respond in case of emergency, however, it's likely that the
City will arrive first. The Sheriff's Department is underfunded
and undermanned.
14. If children are playing in the canal, when I call 911, who will come?
Applicant: If you say the school is involved, the Police will come first
and then the Sheriff's Department. We are attempting to
expand the resource officer program in hopes that these
activities can't be limited. Please let the District know if
this is occurring, and we will try to take care of the problem.
15. Are you proposing, if the annexation is approved, to add new ball fields, are
will that happen even if the annexation fails? Will you address bathrooms
and more parking?
Applicant: The ball fields will be addressed regardless of the
jurisdiction. For more bathrooms, we will probably add
additional porta-potties.
16. Will there be night games?
Applicant: The District doesn't need lighted fields, however the City's
Park and Recreation Department and the Youth Baseball
Program has expressed some interest. If a proposal to light
the fields was brought to us, we follow a public process
through the District similar to this one. The District would be
supportive of installing lights on the property.
17. If you are not annexed, will this still be an issue?
Applicant: The annexation does not affect the installation of the lights.
Currently, there is no proposal on the table to install lights.
We may install a pole with no lights for data communication
network.
18. What does the District plan to do with the road and stormdrainage.
Applicant: It is not the District's job to widen roads. Any improvements
to Vine Drive would be a capital project funded by the City or
County or be related to impacts associated with future
development, based upon an analysis of proposed traffic
Page 4
Applicant: Not here. We are providing one at Poudre High School. If
the study shows that one is required, we will provide one.
7. This is a public school and you are a developer?
Applicant: Yes, it is a public school, but we are considered to be a
developer and we pay fees, etc.
8. Is the school public property?
Applicant: Yes.
9. If you are a developer, how do you escape paying street oversizing fees and
storm drainage requirements?
Applicant: We weren't required to pay these fees when Lincoln Junior
High School was constructed. We met all the requirements
at the time of development.
10. The new fence you constructed hides the fire hydrant. Isn't that illegal?
Applicant: No, the Poudre Fire Authority has an universal key so that
they can access the equipment they need to. There was a
fire here on May 30th of last year and the response time for
our personnel was less than three minutes. Access to the
fire fighting equipment is not an issue.
11. Here in the morning when there is a storm (at the corner of Taft Hill and Vine
Drive) the traffic backs up.
Applicant: We don't dispute that there is a traffic problem.
12. What are the advantages to us? What about the increase to the ball fields?
Applicant: The fields will be used at different times so the parking and
traffic can be accommodated.
13. What is the impact on residents?
Applicant: If the Police are called for an emergency, the Sheriff's
Department can still respond. The Fort Collins Police
Department as an agreement with County regarding
responses.
13. What if something happens in the middle of Vine Drive?
Page 3
• Another reason the District is seeking annexation is the smoking
ordinance. The County doesn't have such an ordinance and the City
does enforce a smoking ordinance that states anyone under the age of
18 cannot possess tobacco.
• We do have plans to continue the development of the ball fields
(soccer and lacrosse) as funds become available.
• As many of you do know, we have some occurrences of graffiti. We
do not anticipate that the change in police will necessarily stop this
from occurring.
Questions. Answers, and Comments
1. The annexation of the school will mean you will be responsible for the
increase in City utilities and others upon our properties.
Applicant: This annexation only includes public right-of-way and the
school site itself. You are not included in the proposed
annexation.
2. Did the District do financial impact studies?
Applicant: We don't believe any are needed.
3. Why was the Irish Elementary School annexation dropped?
Applicant: The County requested that we wait to proceed on the
annexation of Irish until the drainage study is completed.
4. Then why not wait on Lincoln Junior High School?
Applicant: The County didn't request us to wait.
5. Do you consider yourselves developers? Will you complete road
improvements?
Applicant: These types of improvements are not deemed to be the
District's responsibility. At the time the school was
constructed, the District did all the improvements that
were required. We do have a long range project to evaluate
the traffic at all the schools. We have requested $5,250,000
to address the situation at over 20 schools, in conjunction
with the City and County (whichever jurisdiction is affected.)
6. Will a detention pond be required?
Page 2
NEIGHBORHOOD INFORMATION
MEETING MINUTES
Project: Lincoln Junior High School 15T and 2r'd Annexations
Date: June 10, 1998
Applicant: Poudre School District
Representatives: Ken Forrest
Ron Daggett
Ellyn Dickman
City Staff: Dan McArthur, Neighborhood Resources Department
Bob Blanchard, Current Planning Department
Leanne Harter, Current Planning Department
Glen Schlueter, Stormwater Utility
Lisa Dunn, Larimer County Operations (employed jointly by
City and County)
Project Description
Mr. McArthur opened the neighborhood information meeting by explaining the
basic ground -rules of the meeting. He then introduced the various individuals
with the Poudre School District, the City and the County. Ms. Harter gave a brief
overview of the planning process to detail upcoming dates for the Planning and
Zoning Board and hearings by the City Council on the proposed annexations.
Mr. Forrest with the Poudre School District explained the reasons for which the
District pursued annexation proceedings. He outlined the following:
• The District already has several partnerships with the City of Fort
Collins, including Transfort, resource officers at the schools, and Park
and Recreation Department activities. The proposed annexation
would facilitate the cooperative spirit of these partnerships.
• In addition, the District would receive more favorable utility rates from
the City of Fort Collins for the Lincoln Junior High School site.
• The City has a larger pool of funds for road maintenance than the
County, and therefore, the annexation of Vine and Lancer Drives could
result in better maintenance.
• The Lincoln Junior High School is already considered by most to be a
City facility. There are ball fields that members of the community use,
as well as the school site itself at times.
CommunIL.y Planning and Environmental S� vices
Current Planning
Citv of Fort Collins
June 11, 1998
Dear Neighbor:
Attached are the minutes from last evening's neighborhood information meeting
regarding the proposed Lincoln Junior High School 1st and 2"d Annexations. In
addition, I have attached the handouts from last evening's meeting, as well as
the letter presented by Mr. and Mrs. DeMaranville, outlining their concerns.
I do want to thank you for taking the time to attend the meeting so that we could
hear and address your concerns and comments. Again, if you plan on attending
the Planning and Zoning Board hearing on the 18th of June, I encourage you to
arrive near 6:30. As I stated last night, the agenda keeps shrinking and this item
may be considered soon after the meeting begins.
If you have any questions, please do not hesitate to call me at 221-6750.
Best regards,
Leanne A. Harter, AICP
City Planner
xc: File
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 8052 -0580 • (970) 221-6750 • FAX (970) 416-2020
LEGAL DESCRIPTION.
LINCOLN FIRST ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
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Lincoln Jr. High School 1st Annexation and Zoning, #13-98
June 18, 1998 P & Z Meeting
Page 6
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 1st Annexation and Zoning, #13-98
June 18, 1998 P & Z Meeting
Page 5
additional improvements to the road system would most likely be the responsibility of a
developer and/or the City. This annexation will not impact streets not located within the
proposed annexation. Therefore, the privately -owned streets in the vicinity will remain
privately -owned and will continue to be maintained by and the responsibility of any
homeowner's associations.
Zoning and Land Use Restrictions:
Any action by the City of Fort Collins regarding the Lincoln Junior High School 1st and
2nd Annexations and Zonings does not result in a change in zoning for properties not
included with these two annexations. Land outside of the proposed annexations and
zonings will remain in the County subject to County zoning regulations. Therefore,
farming and related activities may continue. If the property owners in the vicinity were
to desire to seek voluntarily annexation, the property most likely would be zoned as
follows: to the north of Vine Drive--UE-Urban Estate; and the south of Vine Drive--LMN-
Low Density Mixed -Use Neighborhood.
Existing Covenants:
The question as to whether the proposed annexation and zoning would dissolve the
existing covenants was raised. The proposed annexation will have no impact on the
existing covenants. The homeowner's association enforces the covenants, and the City
only enforces zoning regulations.
5. Neighborhood Meeting
A neighborhood meeting is scheduled for June 10, 1998, concerning the proposed
annexation and zoning. The questions and concerns identified at that meeting will be
presented at the worksession scheduled on June 12, 1998.
FINDINGS OF FACT/CONCLUSION:
The Lincoln Junior High School 1st 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 1st 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.
Lincoln Jr. High School 1st Annexation and Zoning, #13-98
June 18, 1998 P & Z Meeting
Page 4
2. Zoning:
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 LIE 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.
4. Issues Raised by the Neighborhood
Several issues were raised by affected property owners at the Planning and Zoning
Board hearing on April 16, 1998. This issues included the following:
■ possible increases to property taxes;
■ parties responsible for the maintenance and improvements to roads;
■ zoning and land use restrictions placed on their properties as a result of
the proposed annexation and zoning; and
■ possible impacts to existing covenants.
Possible Increases to Property Taxes:
The property taxes for those individuals living adjacent to and in the vicinity of the
proposed annexation will not increase as a result of the annexation and zoning. The
annexation does not include any property other than the school and road ROW.
Therefore, the annexation changes the political boundary for these two areas and does
not include any of the adjoining neighbors.
Maintenance and Improvements to Road:
Currently, portions of Vine Drive are maintained by the City of Fort Collins, and the
ROW proposed by the annexation would be maintained by the City as well. Any
Lincoln Jr. High School 1st Annexation and Zoning, #13-98
June 18, 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 1st 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 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
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).
Lincoln Jr. High School 1st Annexation and Zoning, #13-98
June 18, 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 was scheduled for first reading by City Council on April 21, 1998. On April
16, 1998, the Planning and Zoning Board voted 4-2 to recommend the proposed
annexation and zoning to the City Council.
An error occurred in notification of affected property owners prior to the Planning and
Zoning Board hearing. Thus, staff recommended to the City Council that the item be
remanded to the Board for further review. The proposed annexation and zoning will be
scheduled for City Council hearing following the recommendation by the Planning and
Zoning Board.
ITEM NO. 8
MEETING DATE 6-18-98
MIMI 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 School 1st 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 1 st Annexation and Zoning is
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT