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HomeMy WebLinkAboutSOUTH TAFT HILL 7TH ANNEXATION & ZONING - 38-02 - CORRESPONDENCE - CORRESPONDENCE-NEIGHBORHOOD MEETING (3)improvement costs. The purpose of this monthly fee is to cover the costs to construct, repair, and maintain stormwater drainage improvements to protect properties from flooding to the level of the 100-year storm. Police Protection. The City also expands its police protection service to annexed areas. Usually, this results in a substantial increase in the level of police protection in the form of improved emergency response times, more frequent patrol service, better crime prevention and home security inspection programs, and traffic enforcement. This is probably the biggest difference between service providers within the Fort Collins area. The differences are attributed to both the amount of resources provided and the area of law enforcement jurisdiction. The number of law enforcement officers per capita is significantly lower for Larimer County (0.8 officers per 1,000 people) than within the City (1.25 officers per 1,000 people). Also, the County has 7 patrol units covering an area of 2,640 square miles versus 12 patrol units covering 47 square miles. Mass Transit. As the City continues to grow the demand for expanded mass transit service will also increase. As areas annex into the City, new and revised plans will have to be made to change routes and/or add buses to serve new areas. Presently, the City's bus system cannot serve outside of the city limits due to Public Utility Commission regulations. Parks and Recreation The demand for parks and recreation facilities and services will also increase from annexed areas as they develop or redevelop. The City charges a parkland development fee to new residential units constructed within the City limits. According to the UGMA Agreement with Larimer County, the County collects a parkland fee equivalent to the City's fee from new developments within the UGMA. The County fee is to be spent within the area from which it was collected or be turned over to the City when an area is annexed. Parkland fees are used to purchase and develop neighborhood parks. The parkland acquisition fee does not apply to existing residences. Participation in City Government Residents of an annexed area will be able to increase their official participation in City government. Presently, County residents can only voice their opinions at public hearings. After annexation, these residents can vote in scheduled and special City elections, thereby having a political voice in important decisions made by the City which affects them. What Other Services and Facilities Are Not Affected by Annexation into Fort Collins? The following services and facilities are not affected by annexation of an area into the City of Fort Collins. These are: natural gas utility, provided by Excel Energy; fire protection, provided by the Poudre Fire Authority; schools, provided by the Poudre R-1 School District; postal service, and hospital services, provided by the Poudre Valley Hospital District. Will some presently "dead-end" streets be extended within the area? Yes, but not immediately upon annexation. Future road extensions would be triggered by new development and redevelopment within the area and paid largely by the developer creating the need for the roadway, with some financial assistance (potentially) through the City's Street Oversizing program. The City's adopted Master Street Plan shows an extension of W. Swallow Rd, from its western terminus to S. Taft Hill Road. This street would be an extension of the present Swallow roadway design and would considered a "collector" street. A connection of Moore Lane, between the north and south sides of the Spring Creek channel, will likely occur at some point in the future. Utility Service (water, sewer, electric power, storm drainage The City would normally provide public utilities - water, sewer, and electricity - to newly annexed areas and would collect the appropriate development and user fees for the provision of those utilities. However, within the Fort Collins Urban Growth Management Area (UGMA) boundary, the City has negotiated "service area agreements" with other forms of local governments known as Special Districts. These Special Districts are quasi -municipal corporations created by a vote of residents within the district boundaries. Several Special Districts were created in the 1960's to provide water and sewer service to areas outside the City of Ft. Collins. The service area agreements between the City and Districts determine which agency can best provide water and sewer service to certain areas, both inside and outside of the city limits. The exception is electrical power, which will be provided by the City to all annexed areas. Conversion from an existing electric utility, in this case, Excel Energy (formerly Public Service Company), to City electric utility service is done at no cost to the customer. The City offers two (2) residential electrical rate options, an "Energy Rate" and a "Demand Rate." The City's "Energy Rate" costs are lower than Excel Energy Service Rates. The City's "Demand Rate" is cheaper than Excel Energy rates when usage exceeds 700 kWh. There would be no change to water service from the Fort Collins -Loveland Water District that covers most of the S. Taft Hill 7 h Annexation area. City sanitary sewer service for properties on the east side of S. Taft Hill Road is possible based on the existing utility network, but provision on the west side of the road will necessitate significant sanitary sewer main extensions that would occur at the expense of the developer. Will Utility Fees Increase? Properties that receive City utilities after annexation would be charged the appropriate utility user fee rate for the utilities. In cases where a property was already receiving City utilities, the utility user rate would decrease since the City charges higher fees for "Out -of -City" utility services. Will I need to connect to other City utilities? Existing development would normally retain existing utility services (except for electric power) upon annexation. Services would not change unless a property redeveloped or the existing service, such as a septic system, failed and created a public health hazard. As indicated above, when connection is made to City water and sewer utilities (but not electricity) the appropriate connection fees will be charged. The City manages stormwater drainage as a utility. All properties within the City are billed on a monthly basis for stormwater drainage operation and maintenance and stormwater capital Tares Will my property taxes go up? There will be very little, if any, increase in property taxes upon annexation. After annexation, the County Assessor will apply the City's property tax mill levy to an annexed area. Specifically, the City of Fort Collins' property tax mill levy will be applied to the annexed areas. The property tax mill levy for the Poudre Fire Authority will be eliminated from a property's assessments. All other tax assessments against a property, such as County taxes, School District taxes, and any Special District taxes, will remain after annexation. Will I pay City Sales and Use Taxes? Yes. Residents annexed into the City will have to begin paying City sales tax on consumer goods and services, particularly on 'larger ticket" items such as automobiles and appliances. City sales tax is also charged on electric utility usage. Streets Will the City be paving existing the streets upon Annexation? No. When an existing development, which has streets which do not conform to the City's street design standards, is annexed, there is no requirement that existing streets be reconstructed to current design standards. The City will provide the same level of service as the County provided prior to annexation. This usually includes minor surface maintenance like cracksealing and the filling of potholes, but does not include asphalt overlays nor street reconstruction at the City's expense. In some cases the streets are privately maintained, that is they are the responsibility of a homeowner's association, by designation on the plat of the subdivision. In this case the street maintenance will continue to be the responsibility of the association. Who will be responsible for paving streets in the future? As the annexed area develops or redevelops, streets are required to be constructed or upgraded to the City's street design standards for safety and maintenance purposes. These standards include street paving installation requirements, and the provision of curbs, gutters, sidewalks, and streetlights. The City will test a street's structural strength to determine if it meets City standards. If it meets standards, then the City would take over all maintenance responsibilities as long as it is safe for bicycles and pedestrians and it has proper drainage. If it does not meet City standards, the property - owners would need to pay for making the necessary improvements, which could include drainage, safety, and structural improvements, before the City will accept the street. Thus, the City will not upgrade a street in an existing development without participation from affected property owners, usually through the use of a Special Improvement District. The City will also review a street for the need for sidewalks and curbs and gutters. Safety for bicyclists and pedestrians is considered on a case -by -case basis. If safety is not an issue and proper water drainage is provided, curbs, gutters, and sidewalks can be delayed until they are needed. When these improvements are needed, the property -owners are expected to pay for them. There will be ample opportunity for public input and comments before any decisions are made to upgrade streets. Group homes for up to 8 disabled or elderly persons; Mixed -use dwelling units; Places of worship (less than 25,000 square foot building footprint); Public facilities; Parks and recreation facilities except for neighborhood parks; Cemeteries; Community facilities; Neighborhood support/recreational facilities; Bed and breakfast establishments with six or fewer beds; Child Care Centers; and Neighborhood centers with specific size and use restrictions and location restrictions. The following uses are permitted subject to review by the Planning and Zoning Board: Mobile home parks; Group homes (without the restrictions listed above; Boarding and rooming houses; Public and private schools; Golf courses; Long-term care facilites; Places of worship or assembly (more than 25,000 square foot building footprint) Neighborhood centers including restaurants -with specific size and use restrictions and location restrictions. Offices, financial services and clinics not part of a neighborhood center; and Wireless telecommunication equipment Minimum residential density = 5 units per net acre Maximum residential density = 8 units per gross acre, except for affordable housing which may have up to 12 units per gross acre Maximum building height = 2 1/2 stories If I have a legal use in the County, but it doesn't comply with the City's Land Use Code, will it need to cease operation upon annexation? No, but there may be some restriction on the amount of future expansion. Can I keep horses on my property? Yes, if a minimum of '/z acre of pasture is provided per horse. How about other farm animals, such as chickens, pigs, sheep, goats, cattle, llamas, ostriches, donkeys or mules? Farm animals are permitted only on properties zoned Urban Estate, unless that has been established as a legal use within Larimer County. When does a non -conforming sign need to come into compliance with the City Sign Code? With 5 years of the date of annexation. South Taft Hill 7th Annexation- Commonly Asked Questions Zoning and Use Restrictions What will the zoning be on my property? Properties within the annexation area lying west of S. Taft Hill Road will be zoned UE- Urban Estate. Those east of S. Taft Hill Road, and the two properties fronting Drake Road and north of the Spring Creek channel, will be zoned LMN- Low Density Mixed Use Neighborhood. What are the restrictions in the UE zone? Uses are limited to the following: Detached single family houses; Two-family dwellings; Attached single family houses; Group homes for up to 8 disabled or elderly persons; Public facilities; Parks and recreation facilities except for neighborhood parks; Cemeteries; and Farm animals. The following uses are permitted subject to review by the Planning and Zoning Board Residential cluster developments; Schools; Churches; Golf Courses; Child Care Centers; Bed & Breakfast Establishments; Plant Nurseries and Greenhouses; Animal boarding (limited to farm/large animals); Resource Extraction, processing and sales; Composting Facilities; Accessory Buildings more than 2,500 sq. ft.; and Wireless telecommunication equipment Maximum residential density = 2 units per acre Minimum lot size ='/z acre Minimum lot width = 100 feet Maximum building height = 3 stories What are the restrictions in the LMN zone? Uses are limited to the following: Detached single family houses; Two-family dwellings; Attached single family houses; Multi -family dwellings (limited to eight or fewer units per building); Pal surrounded land, and municipally owned t, 31-12-106. Annexation of enclaves, p y unincorporated area is ! land.nex (1) the boundaries of a municipalin of enclaves. ty, thehen agovern governing body may by ordinance-12-1 5, 31- 2- f 108territory o 3to the,1 12-109 f saidareahas beenlity without osoPlying with urrounded fora period off on notlless than three years; except that notice of the proposed annexation ordinance shall be given by publics= ces of annexation tion as initiating annex t on proceedingson , but no publicnothearing on the proposed d annexationitions and uordi nance shall be required, and the first publication of notice shall be at least thirty days prior to the adoption of the ordinance. (1.1) Exception to annexation of enclaves. No enclave may be annexed pursuant to sub section (1) of this section if: (a) Any part of the municipal boundary or territory surrounding such enclave consists of at he Iic rights -of -way, e , taexation of the adjacent a he municipality on the side of including right-of-way alleysall Ysthat are ootm opposite to the enclave; or (b) Any part of the territory surrounding the enclave was annexed to the municipality nce with section 30 of article II of the state con - since December 19,1980, without complia, stitution. effective May 27,1997.) (2) (Deleted by amendment, L. 97, p. 995, § 2, (3) Annexation of unincorporated municipally -owned land. When the municipality is igible for annexation as the sole owner of the area that it desires and 31 12-105 the governing lbody may by ordinance set out in sections 31-12-104 (1) (a) annex said area to the municipality without notice and hearing as provided in sections 31- 12-108 and 31-12-109. The annexing ordinance shall state that the area proposed to be'i. annexed is owned by the annexing municipality and is not solely a public street or ngn I of -way. (4) Additional terms and conditions on the annexation. Additional terms or condition' I may be imposed by the governing body in accordance with section 3]-12-112. Source: L. 75: Entire title R&RE, p. 1079, § 1, effective July 1. L. 81: (1) amended an (1.1) added, p. 1510, § 1, effective July 1. L. 97: (1. 1) and (2) amended, p. 995, § 2, effectiv, May 27. C oof arltci, of the o z t� ll Larimer County. Q: How is the storm drainage fee assessed? A: City-wide, the stormwater drainage fee averages approximately $15 per month. New development would also be subject to stormwater development fees related specifically to the size of the development and amount of impervious surface on the property. Q: How do residents request a street light? A: Street light installation requires compliance with the City's street lighting design standards, and consent from all affected property owners through a petition process. The cost of installation is borne by the property owners. (typically $1,500-$2,000 per street light). Q: Will irrigation rights be impacted by annexation? A: No. As any new development occurs, the right to impact an irrigation ditch is subject to review and approval from the governing ditch irrigation company. Q: Would the City take over water rights at Cottonwood Park? A: The City already controls the water rights. Q: Can propane be used for heating, etc.? A: There is no prohibition on propane use within the City assuming that the system has been correctly installed. New propane units must go through a permit and inspection process from the Poudre Fire Authority. Q: Will there be a limit on wood burning? A: Yes. The only acceptable fuel that can be burned in a wood stove or fireplace is clean, dry, untreated wood or wood products, or other solid fuel products specifically made for woodburning units. After the first fifteen minutes or so of startup, City Code requires smoke from a chimney or stovepipe be light, or less than "40% opacity." City Code prohibits the burning of treated wood and garbage. Coal may be burned only in a coal -burning appliance that is the sole source of heat and where no other central heating system exists. Existing woodburning stoves may continue to be used. New stoves must go through a permit and inspection process with the City Building and Zoning department. Since 1990, the City has offered zero interest loans to assist residents with the removal or replacement of older, non -certified wood stoves and wood stove inserts. Q: How is open burning (Le. burn pile) restricted? A: There is no change from the current restrictions in the County. Open burning requires a burn permit from Poudre Fire Authority. Limitations may be placed on fire size and the time of day on which the burning can occur. Utilities Q: Does septic system capacity limit residential density? A: Yes, according to the Larimer County Health Department, the general "rule of thumb" is that the maximum density within this area is approximately one unit per acre based upon septic system capacity. Above that density, septic systems have much greater likelihood of failure. Q: What happens to failing septic systems? A: The failing leach field would be abandoned. The Larimer County Health Department would review a request to create a new system through a repair permit. Q: Do you need to connect to the City sewer system if your septic system fails? A: It depends on the location of the property. If it is located within 400 feet of a City sewer main and the septic system fails, a connection must be made to the sewer system. Otherwise, a new septic system permit request would be reviewed by 5 Q: How will access management/traffic control be improved on S. Taft Hill Road? A: The City will continue to monitor the effectiveness of recent improvements to S. Taft Hill Road, including warrants for future traffic signals. Q: Will signs be approved for u-turns on S. Taft Hill Road? A: Signs prohibiting u-turn movements are installed in areas of known traffic conflict. Q: Can the City require formation of a Special Improvement District (SID)? A: Yes. The City may elect to do so, but it is unlikely to occur. A district is formed when the majority of affected owners give their consent to its formation. It is one of the City's objectives to have a high percentage of owners willing to be part of a SID, but there may be instances where the City will push for it's formation over the objections of some area property owners. Use Restrictions Q: If a building permit is obtained in the County, does construction need to be completed by the time of annexation in order for the improvement to be grandfathered? No. The only requirement is that a valid building permit has been issued by the County and that the permit remains "active". Q: What happens to non-residential uses upon annexation? Non-residential uses that have been legally established under the County's regulations may continue. Those that are non -compliant with Larimer County regulations must be brought into compliance with the use restrictions applicable to the zoning district in which the property is located. Some non-residential uses are permitted within the City of Fort Collins as part of a Home Occupation if certain operational characteristics can be met. Q: Is there a cap on the number of farm animals? A: The City's regulations do not place a cap on the number of farm animals, but County and State health regulations still apply that may effectively limit the number of farm animals on a particular property. Q: How do private covenants restrict density? A: Private covenants are not enforced by the City. If a development exceeds the allowable density permitted under a private covenant, it would be up to the Homeowner's Association to provide legal enforcement. 4 i Q: Do minor house additions trigger street improvements? A: No. C: Moore Lane was not designed as a through street. A: Incorrect. Street right-of-way was dedicated south of the Moore Lane cul-de-sac, terminating north of the Spring Creek Channel, that would allow the connection to the "southern" portion of Moore Lane at some point in the future if a bridge structure was constructed that would connect the two ends. Q: Can the City Council restrict the Moore Lane street extension as part of the annexation process? A: Yes, present City Council members could restrict a potential, future Moore Lane extension as part of the annexation ordinance. However, approval would not bind the action of a future City Council. C: Since Moore Lane can't be extended south to Horsetooth Rd, vehicles should be forced to use S. Taft Hill Road, instead. C: There will be negative environmental impacts to Spring Creek if Moore Lane is extended. Q: What happens to a local street if is built by a neighborhood Home Owners Association? A: The City will test a street's structural strength to determine if it meets City standards. If it meets the standards, then the City would take over all maintenance responsibilities as long as it is safe for bicycles and pedestrians and it has proper drainage. If it does not meet City standards, the Home Owners Association would need to continue maintaining the road until such time that it is brought up to City standards. C: There will be a significant cost to developing Falcon Drive. Q: Will the City exercise the right of eminent domain to widen roads, e.g.- at Moore Lane? A: It is the City's preference to have a "willing buyer and willing seller" when acquiring land. In most cases, that condition is achieved. However, property value disputes can require the City to exercise it right of eminent domain in road widening projects. Q: Will Drake Road be widened for a turn lane for properties fronting the street? A: Yes. The City is in the process of designing future improvements to Drake Road that may impact properties fronting the street. 3 annexation can be submitted into the public record at any point prior to the final closure of the public comment period during the City Council hearing. Parks Q: What is the anticipated level of park development at the Southwest Park? A: The new Southwest Park will be designed as a "Community" -level facility, hosting a full range of active and passive recreation improvements. The park is projected to be completed in 2006. Citizens with questions about the park's design features should contact Craig Foreman with the City Parks Division at 221-6660. Policy Q: Are there other alternatives to annexation? Can we achieve other community and neighborhood goals without it? A: The Intergovernmental Agreement (IGA) between the City of Fort Collins and Larimer County makes no specific provision for alternatives to annexation. The IGA language specifically states that "(t)he City agrees to pursue involuntary annexation of any parcel that becomes eligible for involuntary annexation". Property Taxes Q: How will property tax assessments change once the area is annexed? Is the process dierentfor the City and the County? A: There is no change in the methodology for property tax assessment. Property taxes will continue to be assessed and collected by Larimer County through the County Assessor's Office. The difference between the City and County relates to the tax rate. After annexation, the County Assessor will apply the City's property tax mill levy to an annexed area. The property tax mill levy for the Poudre Fire Authority will be eliminated from a property's assessments. All other tax assessments against a property, such as County taxes, School District taxes, will remain after annexation. Transportation Q: What will trigger an extension of Moore Lane? A: Prior to any major development occurring west of S. Taft Hill Road and south of the Spring Creek channel, a full range of transportation improvements must be built by the developer that meet the City's transportation Level of Service and design standards. It's unknown at this time if and when such transportation improvements will include the extension of Moore Lane. 2 South Taft Hill 7th Annexation Neighborhood Meetings DATE: October 7, 2002 TIME: 7:00- 9:00 pm MEETING LOCATION: Foothills Unitarian Church CITY STAFF PRESENT: Cameron Gloss, Current Planning Director Alan Krcmarik, Finance Director Peter Barnes, Zoning Administrator Dave Stringer, Development Review Engineering Mgr. Joe Gerdom, Police Services QUESTIONS, CONCERNS, COMMENTS, RESPONSES Following introductory remarks and the introduction of City staff members, Cameron Gloss reviewed responses to the most frequently asked questions about annexation. Large-scale printouts (24"x36" format) of the questions and responses were mounted on the meeting room walls. Neighborhood residents generated the following questions, comments and concerns. Most responses were provided by staff at the meeting, although follow-up research was necessary in some cases. Q = Question A = Answer C = Comment At the conclusion of the neighborhood meeting, a neighborhood resident asked for a "show of hands" indicating those attendees in favor of the annexation and no hands were raised. Annexation Process Q: Can citizens get a copy of the State Law giving the City authority to annex an enclave? A: A copy of State Statute 31-12-106, giving the City authority to annex County enclaves surrounded for a period of no less than three years, is attached to this summary. Q: Can a petition, opposing the annexation, be submitted? A: Yes. A petition containing signatures of those opposed, or in favor of, the 1 From: Tara Williams To: Cameron Gloss Date: 10/10/02 4:05PM Subject: Name to be added to South Taft Hill list Cameron - This man would like to be added to the list to receive the neighborhood meeting minutes for the South Taft Hill Annexation meeting (he was there but just didn't get a chance to add himself to the list): Tim McNary 2404 Moffat Dr. 80526 377-1549 timjcathym@aol.com mAk)b /6-14i E2. e-R�� V4� / ddV-LsS 3a35 /Vage,6- Z~ 2 Z3 5r a �70 - acP-6--C& ga -70,qd'Y-11Ta ..� _� 221-I`f�%7 V �gl So•Ta�� i�� MG��� 1^es,S � i Ytlie�v ,/.ua l e y y r1.r� eQ ly4r � cl can ��Gmo' ✓�- Z13 `7%T oe.� L�r rr 14,m.,v►&r6 b*d 3 r Ua i'1'i va �e ,�, ►� c „-72 G -G a�lo -6-S // :)«3- t� 2(o d a;? :5 Zoe - ©Ib---!� �, - ;zS.;L S, az6 -ZW-9�F zz61 1&z( Rob Dees Su%% Gem /�/ LON9/d�a�r�/ (g /460W) :72.;2- 7o/S` Z/?/6J fi*w Aet p 2,* F--, &iolvc—. 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S ir�n. /cam /�.�AJ, 91 I'lovdw r�erviu�Vl(nle ld Zl 7y' U v-L-VI YS t_�Sa524 ZZ? - �-a'y Lu' JiP�9��r-- 805�4 2�53^�3 T�cs2 CT, a5 kc� Mc < CT. 6b52-(,o a �w �3o/a �jpdre `�-� BoszG Z236 ?)ru ktliz� r 4oz- '2(s r 3 pifi Ft", 3oy3 Mmo<� L� al39 1-,- D2 25 Zo 25 z6-rv� (57- 33�o 2,60 -T � Zvi as Moore Jtt ,�4/- 3 ` 7t z -o30t 148z-55 13 Z2S-G 107 z z-G- 2Z l'-oieO a 22 b - 3958 Z 31 - r2Z� 2- Z-C--r23� ,;2a6 -2377 a(0(o.d(0 (� S ;"2 6- sW>,� AEG- 34.-;:�C. ZZ-7-IS 2Z-S-156� a::L (.,- - 16q 9 2Z7 - 0 .UO No Text City of Fort Collins Commu,.ty Planning and Environmental _,rvices Current Planning October 28, 2002 Dear Attendee of the South Taft Hill Seventh Annexation Neighborhood Meeting: Thank you for attending and participating in our meeting to discuss issues surrounding the enclave annexation request. Attached is a summary of the October 7th meeting, a copy of applicable State statutory requirements for annexations, and the hard copy of the Commonly Asked Questions that we reviewed. The tentative annexation review schedule has been set to the following dates and times. In addition to this letter, public notification will be made in the form of agendas for the Planning and Zoning Board and City Council published in the Coloradoan. • City Council Initiating Resolution January 7, 2003 • Planning and Zoning Board Public Hearing January 16, 2003 • City Council- Public Hearing and 1st Reading of February 18, 2003 the Annexation Ordinance • City Council- 2"d Reading of the Annexation Ordinance. March 4, 2003 Should you have questions specific to the attached documents or about the review process, please feel free to give me a call at 970-221-6750. Please send any specific comments to me via e-mail at cpioss6@fcgov.com or mail them to the address listed below. Sincerely, Cameron Gloss Current Planning Director 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 970-221-6750 for assistance 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020