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HomeMy WebLinkAboutLINCOLN JR. HIGH SCHOOL SECOND ANNEXATION - 13-98A - CORRESPONDENCE - CORRESPONDENCE-NEIGHBORHOOD MEETINGTO 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 5 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 ------------ Lincoln Junior High School 1st and 2"d 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 Board for further consideration.) Neighborhood Meeting: June 16, 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. Back to List Previous Next Search Result 4 of 65 3/10/98 2:58:45 PM • Statute 31-12-104 Page 1 of 2 Edit Search for annexation. Search Result 4 of 65 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 comer 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 1st and 2"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. Commun , Planning and Environmental 5 vices Current Planning City 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, -GZ�LI�C.�, `YlGcn��l7 Leanne A. Harter, AICP City Planner xc: File 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020