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COUNCIL - AGENDA ITEM - 01/15/2019 - PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. (2)
Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY January 15, 2019 City Council STAFF Kai Kleer, Associate Planner Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 009, 2019, Annexing the Property Known as the Strauss Cabin Enclave Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY The purpose of this item is to annex an enclave of approximately 35.036 acres located in southeast Fort Collins. The Initiating Resolution 2018-110 was adopted on consent, November 20, 2018. The property abuts Kechter Road to the south and is bisected by Strauss Cabin Road. The parcels consist primarily of single- family residences with related agricultural outbuilding and a place of worship known as Crossroads Church. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This is an enclave annexation of eight parcels located in southeast Fort Collins that partially abut Kechter Road to the south and are bisected by Strauss Cabin Road. According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreement (IGA) regarding Growth Management dated June 24, 2008, as amended, the City of Fort Collins agrees to consider annexation of property in the Growth Management Area (GMA) when the property becomes eligible for annexation under the Colorado Revised Statutes. In addition to the policies contained within the IGA, the City of Fort Collins has a long-standing history of annexing property that becomes eligible within the GMA in order to maintain the community's vision as outlined on p. 50 of the City’s Comprehensive Plan. The Strauss Cabin Enclave was surrounded by the City of Fort Collins upon the annexation of the Riverwalk Annexation on October 27, 2009. The surrounding incorporated land consists of the 6 previous annexations listed below. 1. Willow Brook Annexation No. 2, 1999 2. Sunrise Ridge Annexation, 2005 3. Sunrise Ridge Second Annexation, 2006 4. Old Oak Estates Annexation, 2007 5. McClelland’s Creek PD & PLD Second Filing Annexation, 2007 6. Eagle View Natural Area First Annexation, 2008 Agenda Item 10 Item # 10 Page 2 Below is a list of the eight-parcels contained within the enclaved area: # Property Address Parcel Number Acres Current Land Use 1 4000 Kechter Road 8604000014 5 Single-family detached, Agriculture 2 5505 S County Road 7 8604000013 5 Single-family detached, Agriculture 3 5425 S County Road 7 8604000020 5 Single-family detached, Agriculture 4 5335 S County Road 7 8604000026 4.76 Single-family detached, Agriculture 5 5236 Strauss Cabin Road 8603000013 1.82 Place of worship or assembly 6 5416 S County Road 7 A 8603307701 3.3 Single-family detached 7 5416 S County Road 7 B 8603307702 3 Unimproved Land 8 5550 S County Road 7 8603005702 4.4 Single-family residence; Agriculture CITY FINANCIAL IMPACTS There are no financial impacts as a result of the proposed annexation. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board voted 7-0 to recommend approval of the annexation and associated Structure Plan amendment and zoning, December 20, 2018. (Attachment 5) PUBLIC OUTREACH An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code. City staff held a stakeholder meeting, September 26, 2018, to answer questions and inform those affected by the Kechter Farm Enclave and Strauss Cabin Enclave, of any changes that may result from being annexed into the City. In addition to the neighborhood meeting, Planning and Neighborhood Services use two strategies to reach the greater community and encourage participation, they are: 1. Posting “Development Proposal Under Review” sign(s) that provides a contact phone number and project number to connect any interested party directly to staff. Staff is then available to answer any questions they may have. 2. An email newsletter called “This Week in Development Review” is sent to nearly 1,000 people weekly summarizing project submittals (such as the enclave annexation), hearings and other development review related events that happen throughout the City of Fort Collins. Main concerns focused around the involuntary nature of the annexation. ATTACHMENTS 1. Vicinity Map (PDF) 2. Annexation Plat (PDF) 3. Strauss Cabin and Kechter Enclave FAQ (PDF) 4. Neighborhood Meeting Sign-in Sheet (PDF) 5. Planning and Zoning Minutes, December 20, 2018 (PDF) Kechter Rd Strauss Cabin Rd E County Road 36 S County Road 7 R ock C ree k Dr Big Dipper Dr Full Moon Dr N o rthern L ights Dr Sunglow Ct Big Canyon Dr Sk y Gaz e r Ln S County Road 7 Eclipse L n Kep l e r D r Daylig h t Ct Oak Shadow Way Wil d Elm Wa y Little D ipper Dr Galileo Dr Observatory Dr Cosmos Ln Elementary Zach © Strauss Cabin VicinityAnnexation Enclave Map 1 inch = 333 feet Site ATTACHMENT 1 ATTACHMENT 2 1 Strauss Cabin & Kechter Enclave - FAQ Contents Intergovernmental Agreements ..................................................................................................................................2 Does Larimer County have anything to say about enclave annexations? .............................................................2 Enclave .......................................................................................................................................................................2 What is an enclave? ...............................................................................................................................................2 How is it that our properties became enclaves? ....................................................................................................2 What is an enclave annexation? ............................................................................................................................2 Is it normal for the City of Fort Collins to annex properties after the three-year period? .......................................3 Can you give us a recent example of an enclave annexation?..............................................................................3 How long will the annexation process take? ..........................................................................................................3 Zoning and Land Use .................................................................................................................................................3 What about City zoning? ........................................................................................................................................3 What if I am a legal existing use in Larimer County but not in the City of Fort Collins? ........................................3 What if our development has a private covenant, will the City of Fort Collins preempt the covenant, and how? .3 Utility Services ............................................................................................................................................................4 Why should we be responsible for this when the City of Fort Collins is annexing us unwillingly? .........................4 How will our electric service change over to City Light & Power? .........................................................................4 What about solar rebates? .....................................................................................................................................5 Will the tax on our phone bill change? ...................................................................................................................5 What is the difference between Fort Collins Light and Power and REA rates? .....................................................5 What is the Stormwater Fee? .................................................................................................................................7 What if my property is on septic? How will being part of the City of Fort Collins affect me? .................................9 Will my water or wastewater services change because of the annexation? ..........................................................9 Taxes ....................................................................................................................................................................... 10 How will our property taxes change? .................................................................................................................. 10 Will we be charged additional tax on our utility bills? .......................................................................................... 11 How will the assessor determine the value of our property? .............................................................................. 11 What is the difference between City sales tax and County sales tax? ............................................................... 12 Other City Regulations & Information ...................................................................................................................... 13 How many horses per acre are you allowed to have in the City as compared to the County? .......................... 13 How many chickens and roosters can I have on my property? .......................................................................... 13 Will our cat need to be registered when we are in the City of Fort Collins? ....................................................... 13 ATTACHMENT 3 2 Is a wood burning stove permitted inside the City of Fort Collins? ..................................................................... 14 Will the school boundaries change and if so who is responsible for that change? ............................................. 14 What are some of the upsides of being annexed into the City of Fort Collins? .................................................. 14 What is Neighborhood Services? ........................................................................................................................ 15 What is the best way for me to contact the City of Fort Collins? ........................................................................ 15 Intergovernmental Agreements Does Larimer County have anything to say about enclave annexations? Yes, Larimer County encourages the cities of Fort Collins, Loveland, Berthoud and Estes Park to annex properties that have become enclaves and have been surrounded by no less than three years. The City of Fort Collins and Larimer County have entered into an Intergovernmental Agreement (I.G.A.) that establishes a Growth Management Area (G.M.A.). Within this G.M.A., the City and County have agreed that growth and development should be at an urban level and that the City, and/or special districts, is best able to provide an urban level of public services. Under the I.G.A., with regard to land located within the G.M.A., the City has agreed to pursue the annexation of enclaves as those areas become eligible according to state law. Enclave What is an enclave? An enclave is a property, or group of properties, that are in unincorporated Larimer County but, due to urban growth and development are now surrounded by the City of Fort Collins municipal boundary. How is it that our properties became enclaves? The properties contained within the Strauss Cabin annexation area became an enclave through a combination of five (5) previous annexations that happened between 2000-2009: • Strauss Cabin Enclave is approximately 30 acres in size, contains 8 parcels and a combination of residential, agriculture and institutional land uses. The Kechter Enclave contains a single property and became an enclave through a combination of three (3) previous annexations that happened between 2002 and 2014 • Kechter Enclave is approximately 8 acres in size, contains a single parcel and primary uses consist of residential and agricultural land uses. What is an enclave annexation? An enclave annexation is a growth management technique used by municipalities that allows Cities and Towns to establish a unified jurisdiction that does not have pockets of unincorporated land. After an enclave is created, three years must elapse before the City or Town can annex the property or multiple properties. 3 Is it normal for the City of Fort Collins to annex properties after the three-year period? Yes, it has long been the City’s practice to annex enclaves after three years. Can you give us a recent example of an enclave annexation? Yes, there were four Southwest Enclave Annexations totaling 1,603 acres (2.7 square miles) that were phased in over time and were adopted by City Council between 2006 and 2013. How long will the annexation process take? Typically, an annexation process takes between 3 and 4 months once the annexation process is initiated. Zoning and Land Use What about City zoning? The requested zoning district for the Kechter Enclave annexation is in conformance with the City’s Structure Plan and Fossil Creek Reservoir Area Plan Land-Use Framework Maps. However, because the conditions have changed considerably since the adoption of the 1999 Fossil Creek Reservoir Area Plan the City will be recommending a Structure Plan Amendment to change the recommended zoning on the east side of Strauss Cabin Rd from Rural Lands District (R-U-L) to Urban Estate (U-E). Once the property was annexed into the City, Larimer County zone districts would be replaced with City of Fort Collins zone districts. What if I am a legal existing use in Larimer County but not in the City of Fort Collins? Legal existing uses are grandfathered-in however if the nonconforming use is discontinued for 24 consecutive months the nonconforming use is then considered “abandoned” and will not be able to continue. To find more information on nonconforming uses and structures visit Division 1.5 in the City of Fort Collins Land Use Code. https://www.municode.com/library/co/fort_collins/codes/land_use What if our development has a private covenant, will the City of Fort Collins preempt the covenant, and how? Yes, in some cases the City will preempt a private covenant as outlined in under Section 12-122 of the Municipal Code which states, “ No person shall create, cause to be created, enforce or seek to enforce any provision contained in any restrictive covenant which has the effect of prohibiting or limiting the installation or use of Xeriscape landscaping, solar/ photovoltaic collectors (if mounted flush upon any established roof line), clothes lines (if located in back yards), or odor-controlled compost bins, or which has the effect of requiring that a portion of any individual lot be planted in turf grass”. 4 Utility Services All properties are served by Poudre Valley REA and once annexed, will be switched over to Municipal Light and Power (likely during future development or redevelopment of any property within the enclave). The eventual switch will require the customer to pay a 25% pass-through electric surcharge. Why should we be responsible for this when the City of Fort Collins is annexing us unwillingly? There is a Colorado statute that requires annexing utilities, such as Fort Collins Light & Power, to pay to the Rural Electric Association 25% of revenue every month for a period of 10 years after the electric service is transferred (not from the date of annexation). Each customer’s rate will be based on the normal Light & Power rates + this 25%. At the end of the 10-year period, the REA surcharge is discontinued. Even with the 25% adder, the Fort Collins Light & Power residential rates are less than the Poudre Valley REA rates for most classes of customers. Background: In 1988, the various REA’s in Colorado had a state statute approved by the legislature requiring municipal electric utilities to pay what is called a “service rights fee” to the local REA when provision of electric service is changed. This statute requires municipal electric utilities that transfer electric service after an annexation to pay the local REA 25% of all revenue from existing customers (5% for new customers) starting on the date of electric transfer for a period of 10 years. The REA perspective is that this pays for their lost revenue. The municipal utility perspective is it is an attempt to discourage transferring electric customers to the municipal utility. Some municipal utilities in Colorado choose to absorb the service rights fee. Fort Collins Light & Power, at the direction of City Council, passes this expense on to the transferred customers. Fort Collins Light & Power also purchases the REA infrastructure in addition to the service rights fee. This infrastructure purchase cost is not passed on to the annexed customers. For further information, please contact Phil Ladd, Utilities Financial Operations Manager, 970-221-6751 or pladd@fcgov.com How will our electric service change over to City Light & Power? The City of Fort Collins Light and Power Utility will not assume responsibility for providing your electrical service on the effective date of the annexation. Rather, the changeover will occur when the City’s electrical distribution system is extended to serve the annexed parcels. Light and Power will provide service at the existing service level at the time service is transferred to Light and Power. Currently, you have the option of upgrading to a larger service if you so desire. Any upgrade over 150 amps will be assessed a capacity fee consistent with the current fee structure. A new smart meter will replace the existing meter in the same location at the time of service transfer. If you would like to change the location of the meter, Light and Power staff will work with you to extend or relocate the secondary service wire on a time and materials basis. Otherwise, the new meter will be installed into the existing socket. Light and Power staff will contact you once the project has been assigned to a Project Manager. In addition, you will be contacted by the Crew Chief prior to the service being transferred. There will be an electrical shut down for about one to two hours while the new system is installed. If you have any questions regarding the electrical changeover, please contact Janet McTague, 224-6154, jmctague@fcgov.com 5 What about solar rebates? Currently, rebates are available for approximately 300 residential customers and multiple projects up to 1- megawatt total for commercial customers. You will receive full credit for the electricity generated by your PV system through our net metering program (see rates here). Information about federal tax incentives is available at Energy Star and the Solar Energy Industries Association. Available Rebates1 Residential: up to $1,500 Commercial: up to $100,000 Application Timeline Utilities will begin accepting and confirming rebate applications for the 2017 rebate program on Jan. 1, 2017 Will the tax on our phone bill change? No. According to the Colorado Department of Revenue the only taxes that will exist on mobile service will be E911 1.4% surcharge and a 9.44% Colorado State Wireless Tax. What is the difference between Fort Collins Light and Power and REA rates? Fort Collins Light and Power is a municipally owned service that provides power to the City of Fort Collins residents for over 70,500 homes and businesses and over 55 square miles of land. The service is one of the most reliable electric distribution systems in the country and is over 99% underground. Poudre Valley REA has several variable fee structures that include both a set rates and On Peak/Off Peak rates, the City of Fort Collins Utilities, is transitioning to On-Peak/Off-Peak electric pricing for all residential customers in October 2018 (prices will be reflected on November bills). With TOD pricing, when you use electricity is as important as how much electricity you use. The price you pay changes based on the time of day, the day of the week and the season, and includes off-peak and on-peak hours. Off-peak hours cost approximately 30 percent less than current electric rates with higher prices during on-peak hours. More than 80 percent of the time, the price will be going down. This transition is a rate structure change and not a rate increase. What this means is how you are billed for your electric use is changing. Fort Collins Utilities does not anticipate additional revenue. It will take a comparison of your current PVREA bill to determine how kWh rates will change according to your current structure. The graphic below describes how the new On-Peak/Off-Peak rates will be assessed. 1 Rebate amounts are based on a $0.50/Watt, 20-year Renewable Energy Credit (REC) purchase 6 7 TOD has two levels of pricing: off-peak and on-peak, and two seasons: non-summer and summer. Off-peak hours cost approximately 30 percent less than current electric rates with higher prices during on-peak hours. Price comparison of average TOD pricing to current electric rates. • Off-peak hours: 19-20 hours each weekday (depending on the season), all weekend hours and major holidays* o More than 80 percent of the time, the price you pay for electricity will be going down. • On-peak non-summer (October-April) hours: 5-9 p.m., weekdays only • On-peak summer (May-September) hours: 2-7 p.m., weekdays only Lower off-peak prices offer an incentive to shift a portion of your electric use from the more expensive on-peak hours, which can help you save money and reduce strain on the electric grid. The city of Fort Collins Utilities Department has created a Time-of-Day Price Estimator that can help you determine how your monthly bill may change. Please visit https://www.fcgov.com/utilities/tod-estimator/ for more information. What is the Stormwater Fee? Fort Collins Utilities charges a monthly rate to pay for construction and maintenance of Fort Collins' stormwater system, which helps protect residents and businesses during storms and floods on a citywide basis. This includes ongoing maintenance of regional stormwater quality and detention ponds, underground storm drainage pipe systems, and culverts. All developed properties within city limits pay stormwater rates, which are based on impervious surface and lot size. Below is an example calculation of a stormwater fee for Example: Address Estimated Lot SF Estimated Impervious Surface Estimated 2017 Monthly Fee2 2521 Kechter Rd 218,745 SF (5.02 Acres) 3,484 SF $16.75 2 This is an estimated fee based on 2017 rates. A stormwater fee specialist will be able to calculate the exact fees. 8 Formula: Lot Size - lot area in square feet , plus the customer's share of open space in the development, if applicable Base Rate - $0.00 Rate Factor3 - based on the percentage of impervious area (surfaces that do not absorb water) such as buildings, parking lots and concrete Formula for Estimated Monthly Rates: Single-family Lots Less than 12,000 Square Feet Monthly Rate = Lot Size x $0.0041454 x Rate Factor Single-family Lots Over 12,000 Square Feet4 Monthly Rate = 12,000 x $0.0043527 x Rate Factor plus (Lot Size - 12,000) x $0.0043527 x Rate Factor x 0.25 Rate Factor Table: Rate Factor Percent of Impervious Area (based on land use) Rate Factor Category (based on land use) .25 0 - .30 Very Light .4 .31 - .50 Light** .6 .51 - .70 Moderate .8 .71 - .90 Heavy .95 .91-1.0 Very Heavy **typical for residential For further information, please contact Jill White, Utility Fee Rate Specialist, 970-416-2139, jiwhite@fcgov.com 3 See table on next page. 4 These lots receive a reduction in fees on that portion of the lot greater than 12,000 feet. 9 What if my property is on septic? How will being part of the City of Fort Collins affect me? The City of Fort Collins does not regulate septic systems. However, if your current septic system fails and your property line is within 400 feet of the municipal sewer system you will be required to connect. Septic Systems are solely regulated by Larimer County Department of Health and Environment. If you have any additional questions, please contact the Larimer County Health Department by phone at (970) 498-6700 or visit http://www.co.larimer.co.us/health/ehs/isds.asp. Will my water or wastewater services change because of the annexation? No. The City of Fort Collins does not take over any other utility service except electric. Annexed properties will continue to be served by Fort Collins Loveland Water District and South Fort Collins Sanitation District (if not currently on septic). For Water and Sewer, please contact the Fort Collins Loveland Water District and the South Fort Collins Sanitation District both of which can be contacted by phone at (970) 226-3104 or visit http://www.fclwd.com/contact/. 10 Taxes How will our property taxes change? Property taxes will go down after being annexed into the City of Fort Collins. The resulting 0.798 mil reduction ($0.80 for every $1,000 in property valuation) in property tax is caused by the replacement of the Poudre Valley Fire District 10.595 mil with the Fort Collins 9.797 mil. Below is a comparison of tax-rates between that the City of Fort Collins and Larimer County. Mill Levy :5 Tax Authority 2018 Fort Collins 2018 Larimer County Poudre R-1 General Fund 38.683 38.683 Larimer County 22.092 22.092 Poudre R-1 Bond Payment 13.947 13.947 Poudre Valley Fire District 0 10.595 Fort Collins 6 9.797 0 Poudre River Public Library District 3.000 3.000 Health District of North Larimer County 2.167 2.167 East Larimer County Water District 0 0 Northern Colorado Water Conservation District 1.000 1.000 Larimer County Pest Control District 0.142 0.142 SUBTOTAL 90.828 91.626 Boxelder Sanitation District - - TOTAL 90.828 91.626 5 The mill levy is the “tax rate” that is applied to the assessed value of a property in order to fund a variety of services. One mill is one dollar per $1,000 dollars of assessed valuation. (0.001) 6 The County’s Poudre Fire District Mill Levy is replaced by the City of Fort Collins upon Annexation. The Fort Collins Mill Levy is lower by 0.798 Mill. 11 Will we be charged additional tax on our utility bills? Xcel Energy Because you are becoming part of the City, you will be provided with Municipal electric service. However, if your home requires the use of natural gas, Xcel energy continue to be your service provider and a local tax of 3.85% will be assessed. Wireless Service Yes, a local tax of 3.85% will be applied.to each bill. Comcast Yes, a local tax of 3.85% will be applied to each bill. Fort Collins Municipal Electric Yes, a local tax of 3.85% will be applied to each bill. Fort Collins Loveland Water District No, sales tax is not assessed to the Fort Collins Loveland Water District. South Fort Collins Sanitation District No, sales tax is not assessed to the South Fort Collins Sanitation District. How will the assessor determine the value of our property? According the Assessor’s office: The County Assessor is responsible for valuing all real and personal property, including mobile homes, residential and commercial properties and agricultural land for property tax purposes. The Assessor determines the equitable value of property to ensure that each taxpayer pays only his or her fair share of the taxes. Anyone who disagrees with changes in the actual value of real property can object or file a protest with the Assessor in May. Protests for Commercial Business Personal Property accounts should be filed with the Assessor between June 15 and July 5. 12 2015/2016 Reappraisal Cycle Colorado property tax law requires assessors to conduct countywide reappraisals every two years in odd- numbered years, and that a specific date, June 30th of the year preceding the reappraisal year, be used to benchmark all property values throughout the state. The benchmark, or "level of value,” for this reappraisal cycle is June 30, 2014. For the 2015/2016 reappraisal cycle, Larimer County is using 60 months of data. That means our sales study period extends from July 1, 2009 through June 30, 2014. All sales are trended up or down to the level of value date, June 30, 2014, depending on market factors in the different areas of Larimer County. For 2016, only owners that saw a change in value or ownership from the previous year were mailed a notice with the new value and have the option to protest online. The majority of property values do not change in even numbered years because Colorado is on a two-year reappraisal cycle. If you do not have the Notice of Value you may complete and mail a 2015 Protest Form to our office no later than June 1, 2016. Protests can also be filed in person, by letter or fax. We cannot accept appeals sent in by email or taken over the phone. Properties that are appealed during our protest period will be reviewed and a Notice of Determination will be sent to those property owners on June 30, 2016. If you are satisfied with the value after this review, the process ends and your tax will be based on the value reflected in the notice of determination. If you disagree with the Assessor's decision, the next step will be to file an appeal with the County Board of Equalization. More details will be provided in the Notice of Determination that will be sent June 30, 2016. What is the difference between City sales tax and County sales tax? Tax Rates effective January 1, 2018: State of Colorado 2.9% Larimer County 0.55% Total Sales Tax (Larimer County) 3.45% City of Fort Collins 3.85% 3.85% Tax includes • 2.25% Base Rate • .25% Community Capital Improvement Program (Expires 2025) • .25% Street Maintenance (Expires 2025) • .25% Open Space (Expires 2030). • .85%Keep Fort Collins Great (Expires 2020) Total Sales Tax (City of Fort Collins) 7.40% Fort Collins Lodging Tax (in addition to above) 3.0% Total Accommodations Tax 10.30% Fort Collins Tax on Food For Home Consumption (contact State of Colorado regarding taxability) 2.25% Total Food Tax 2.25% For further information, please contact Tiana Smith, tjsmith@fcgov.com 13 Other City Regulations & Information How many horses per acre are you allowed to have in the City as compared to the County? Municipal Code Section 4-72. - Minimum size of pasture area for horses or ponies. Horses or ponies may be kept for the use of occupants of a lot and their guests provided that at least one-half (½) acre of pasture area is available for each horse or pony. City of Fort Collins Larimer County Horses per Acre ½ Acre / Horse ½ Acre / Horse7 How many chickens and roosters can I have on my property? • May keep up to 8 chicken hens • No roosters Will our cat need to be registered when we are in the City of Fort Collins? Yes. You will be required to register your cat. The cities of Fort Collins, Wellington and Loveland require all cats and dogs be registered. Larimer County and Timnath require the registration of dogs only. Registration is simple. Simply provide proof that your pet's rabies shots are current, complete the application and provide the required fee(s). Fees are as follows: Animals 4 months to one year of age: $12.00 Animals 1 year and older, spayed or neutered: $12.00 Animals 1 year and older, not spayed or neutered: $35.00 Fees for Senior Citizen pet guardians (age 62 and older): Animals under one year of age: $5.00 Animals 1 year and older, spayed or neutered: $5.00 Animals 1 year and older not spayed or neutered: $35.00 Optional Cat Licensing Where Not Required: $5.00. Larimer County and Timnath residents may elect to purchase a voluntary Cat License for $5.00. Replacement tags are $2.50. For more information you can contact the Larimer County Humane Society at (970) 226-3647 extension 201 or visit www.larimerhumane.org 7 If the number of horses on the property exceeds one horse per one-half acre, minor special review approval is required unless the chart and formula indicate that special review approval is required. 14 Is a wood burning stove permitted inside the City of Fort Collins? City Code for Wood Burning Only wood burning units certified by the U.S. Environmental Protection Agency (EPA) may be installed in Fort Collins. Only clean, dry, untreated wood may be burned in a wood stove or fireplace. "Pellets" burned in pellet stoves and manufactured fire logs such as DuraFlame burned in a fireplace are acceptable. Burning of garbage and treated wood is prohibited. After the first 15-minutes of start-up, smoke from the chimney must be at or less than 20% opacity (smoke should be barely visible looking at it with your back to the sun). Violation of City Code can result in a summons to appear in municipal court resulting in a fine of up to $1,000 and 180 days in jail. Will the school boundaries change and if so who is responsible for that change? The City of Fort Collins is not involved in determining school boundaries. This is the sole responsibility of the Poudre School District. According to the Poudre School District’s Long-Range Planning: Boundary Committee they often recommend “clean-up” of boundaries that have little to no student impact and include modifications like adjusting boundary lines such that they do no bisect fields or lots, adjusting boundary lines to follow the mid-line of roads as opposed to bisecting properties, etc. Ultimately, the responsibility of changing school district lines start as a recommendation from the Boundary Committee then is approved by the Superintendent and Colorado Board of Education. In the Poudre School District’s 2015 Majority and Minority Reports, it shows proposed changes to the Kruse Elementary School / Werner Elementary School – Middle School and High School Boundary that will affect 0 students. What are some of the upsides of being annexed into the City of Fort Collins? • Faster police response time • Voting for a Mayor and Council Member (District 1) • Less Expensive Electric Rates • Urban level services • Rebates through energy audit programs (i.e., Solar Installation Incentives) However, these are just a few advantages of being part of the City it is not an exhaustive list. Please visit our website at http://www.fcgov.com/ to find out more. 15 What is Neighborhood Services? Neighborhood Services offers a variety of services and programming to promote quality neighborhoods, including: • Assistance in organizing your neighborhood or meeting facilitation, • Free use of our copier for a neighborhood newsletters or fliers, • A Neighborhood Grant Program for help financially with big projects or events, • An Adopt-A-Neighbor Program for residents who need help shoveling snow, • Helpful wording for common neighborhood letters or emails, • A free, bimonthly e-newsletter called Neighborhood News with articles for your newsletter, and • Free welcome bags for new neighbors. What is the best way for me to contact the City of Fort Collins? Access Fort Collins is an easy way to contact the City with your questions, comments, and service requests whenever it is most convenient for you. By visiting the website, https://www.fcgov.com/contactus/ you will be able to submit a question, comment or service request on myriad topics 24 hours a day, seven days a week. ATTACHMENT 4 Jeff Schneider, Chair City Council Chambers Jeff Hansen, Vice Chair City Hall West Michael Hobbs 300 Laporte Avenue Jennifer Carpenter Fort Collins, Colorado Christine Pardee Ruth Rollins Cablecast on FCTV Channel 14 & William Whitley Channel 881 on Comcast The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Regular Hearing December 20, 2018 Chair Schneider called the meeting to order at 6:04 p.m. Roll Call: Carpenter, Hansen, Hobbs, Pardee, Rollins, Schneider and Whitley Absent: None Staff Present: Everette, Yatabe, Tatman-Burruss, Kleer, Shepard, Bzdek, Wilkinson, Betley and Gerber ***BEGIN EXCERPT HERE*** 8. Strauss Cabin Enclave Annexation Project Description: This is a City-initiated request to annex and zone a 35.036-acre, eight-parcel enclave located in southeast Fort Collins, which abuts Kechter Road to the south and is bisected by Strauss Cabin Road. The requested zone district is Urban Estate. A Structure Plan amendment is also requested to change the designation of the property east of Strauss Cabin Road from Rural Open Lands to Urban Estate. Recommendation: Recommendation to Council for Approval Secretary Gerber reported that two letters were received: 1. Gayle Schink with Re/Max Eagle Rock thinks this area should remain zoned for agriculture as it is a rural environment and a change would eventually push out agriculture focused families. 2. Amy and Marc Virata, neighbors in Observatory Village, support the recommendation of the proposed zoning of Urban Estate. They have been aware of the City’s structure plan since moving into their house in 2007. Staff and Applicant Presentations Planning and Zoning Board Minutes ATTACHMENT 5 Planning & Zoning Board December 20, 2018 Page 2 of 2 Planner Kleer gave a brief verbal/ visual overview of this project. Public Input (3 minutes per person) None noted Staff Response None noted Board Questions / Deliberation Chair Schneider clarified that this is a recommendation to go before Council not a recommendation for approval. Member Rollins questioned if the church would be impacted do to the residential sign district. Planner Shepard did not believe so and they did not indicate so at the neighborhood meeting. Follow up questions from staff Member Hobbs enquired about the ramifications to the landowners use, properties would become non-conforming uses, what constraints dose this put on them, if any? Planner Kleer responded they may be required to apply for a variance. If a property were to be demolished and reconstructed, it would require a modification of standards to permit the development of that lot. Planner Shepard offered that there is the ability to expand the legal non-conforming use as the Land Use Code provides for that, Section 1.5. There is also the ability to continue the use, to change the use, abandonment of the use, reconstruction, enlargement of equipment, building expansions and alterations all within certain parameters. Member Hansen made a motion that the Fort Collins Planning and Zoning Board recommend to City Council to approve the Strauss Cabin Enclave Annexation ANX-180008 with an amendment to the structure plan and placement into the Urban Estate Zoning and the Residential Neighborhoods Sign District. This recommendation is based on the agenda materials, information and materials presented during the work session and this hearing and the Board discussion on this item with the following findings: This recommendation complies with all the applicable Land Use Code requirements as stated in the staff report prepared for this hearing and contained in the agenda materials. The information and analysis, findings of fact and conclusions contained in the staff report included in the agenda materials for this hearing are adopted by this Board. Member Hobbs seconded. Vote: 7:0. ***END EXCERPT HERE*** -1- ORDINANCE NO. 009, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE STRAUSS CABIN ENCLAVE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2018-110 stating the intent of the City to annex and initiating annexation proceedings for the Strauss Cabin Enclave Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, the City Council 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 years prior to this date and complies with all requirements for enclave annexation set forth in Colorado Revised Statutes Section 31-12-106; and WHEREAS, the City Council hereby finds and determines 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 City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the following described property, to wit: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 3, THE SOUTHEAST QUARTER OF SECTION 4, THE NORTHEAST QUARTER OF SECTION 9, AND THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 4, AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 TO BEAR S01°49'10"E, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE N88°36'06"W, A DISTANCE OF 30.05 FEET; THENCE S01°49'10"E, A DISTANCE OF 493.33 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY OF THE RIVERWALK ANNEXATION TO THE CITY OF FORT COLLINS THE FOLLOWING EIGHT (8) COURSES: 1. N88°10'50"E, A DISTANCE OF 65.00 FEET; 2. S17°13'48"E, A DISTANCE OF 642.38 FEET; 3. S01°50'02"W, A DISTANCE OF 208.47 FEET; 4. S23°39'02"E, A DISTANCE OF 631.96 FEET; 5. S32°46'32"E, A DISTANCE OF 144.50 FEET; 6. S01°46'32"E, A DISTANCE OF 289.41 FEET; 7. S09°16'32"E, A DISTANCE OF 283.78 FEET; -2- 8. S00°55'24"W, A DISTANCE OF 70.00 FEET TO A POINT ON THE NORTH BOUNDARY OF THE EAGLE VIEW NATURAL AREA FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID NORTH BOUNDARY, N89°04'36"W, A DISTANCE OF 506.64 FEET TO THE SOUTHEAST CORNER OF THE THIRD TRACT DESCRIBED IN EMERGENCY ORDINANCE NO. 130, 2008, BY WHICH SAID TRACT WAS DISCONNECTED FROM THE CITY; THENCE ALONG THE SOUTH AND WEST BOUNDARIES OF SAID TRACT THE FOLLOWING TWO (2) COURSES: 1. N89°04'36"W, A DISTANCE OF 59.02 FEET; 2. N01°48'47"W, A DISTANCE OF 60.56 FEET TO A POINT ON THE NORTH BOUNDARY OF THE McCLELLAND’S CREEK PD & PLD SECOND FILING ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID NORTH BOUNDARY, N88°11'39"W, A DISTANCE OF 633.99 FEET TO A POINT ON THE EAST BOUNDARY OF THE WILLOW BROOK SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID EAST BOUNDARY, N01°44'57"W, A DISTANCE OF 1,240.70 FEET TO THE SOUTHWEST CORNER OF THE OLD OAK ESTATES ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE SOUTH BOUNDARY OF SAID OLD OAK ESTATES ANNEXATION, S88°11'41"E, A DISTANCE OF 632.47 FEET TO THE SOUTHWEST CORNER OF THE SECOND TRACT DESCRIBED IN SAID EMERGENCY ORDINANCE NO. 130, 2008; THENCE ALONG THE WEST BOUNDARY OF SAID TRACT, N01°49'10"W, A DISTANCE OF 850.17 FEET TO THE POINT OF BEGINNING. CONTAINING 1,526,187 SQUARE FEET (35.036 ACRES), MORE OR LESS is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Strauss Cabin Enclave Annexation. Section 3. 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 4. 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 Conservancy District. Introduced, considered favorably on first reading, and ordered published this 15th day of January, A.D. 2019, and to be presented for final passage on the 5th day of February, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk -3- Passed and adopted on final reading on the 5th day of February, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk