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Home My WebLink AboutSOUTH TAFT HILL 7TH ANNEXATION & ZONING - 38-02 - REPORTS - FIRST READINGAssumptions: -The following services are already being used by enclave residents and are unlikely to be affected by annexation: • Library • Performing Arts • Cultural Services • Recreation Services • Golf • Transportation Planning, TDM • General Administration (ELT) -Property taxes are based on the differential between the Poudre Valley Fire District Mill Levy(9.301) and the City's(9.797). -Sales and use taxes are based on sales tax on vehicles, auto specific ownership tax, and sales tax on utilities. -Staff assumed that sales tax on other commodities is already being captured in Fort Collins as most residents in this area probably do the majority of their shopping within the City. -Annexaton at Buildout Assumptions: • The subject area population will grow from 213 to 746. • Future land uses are similar in value to existing. • No additional commercial space is included. 7 . Endave Aanexatimr Emhwtimr Mateir tmnpiete Service Service How is Enclave's Impact to Service Current Cost of Annexation Cost of Annexation at Comments Area Calculated? Build -out dwelling unit. FTE at buildout Capital Additional fees can be collected if development or 0 0 0 0 See 0 Expansion redevelopment occurs within the enclave. building Fees permit fees General Cost of Additional fees can be collected if development or 0 0 0 0 See 0 Nominal impact to Govern- Development redevelopment occurs within the enclave. building general government mental Fees permit services Services fees Administrative A percentage of all other increased costs to support See above Services administration of other services. CLRS See above Administration Property Tax New revenue source as properties annexed. $5, 999 $121,270 Sales and Use New revenue source when major items such as cars and $20,300 $159,410 Taxes other capital goods are purchased. Licensing City licenses Some additional revenue and costs for licensing of $100. $1,200 Revenue services such as daycare centers, liquor licenses, pin ball machines, etc. Summary of Financial . Impacts See $48,311 $58,350 Notes above Enclave Annasmiws Ewhwliwl Malrix rong4ele Service Service How is Enclave's Impact to Service Current Cost of Annexation Cost of Annexation at Comments Area Calculated? Build -out Light and Costs include purchase of the existing electric system Cost to A typical Unknown. Costs New New O&M costs are This area is within Xcel's Power from the utility serving the area and the cost to extend purchase Xcel's residential customer pays depend on the condition & age customers pay all line customers pay all line recovered ttuough the service territory and Poudre Valley REA service fees will Opt City lines to the purchased system. system is $520per year of the system extension extension electric rates. apply to customers transferred roughly for energy purchased from costs costs to City electric service. estimated at based on Xcel associated associated In the case of REA customers transferred to City service, $3.000- 700kwh per with the with the L&P Utility has already invested the customer will pay a service rights fee to the REA. $4.000 per customer. month development All new fine development. All new line - $100,000 as part of the ductbank insulted with the Taft Cost to extensions extensions Hill Road improvements to Undergrounding of the electric system would take place extend City would he would he facilitate transfer of Xcel's as it becomes economically advantageous, or as system to Xcel line- installed underground. installed underground. system following annexation. This was done to avoid maintenance needs dictate. The cost of undergrounding $M000. The duplication of Xcel facilities in any existing overhead wires will be absorbed by the cost to underground order w lessen purchase costa following annexation. utility, except in the new case of new this system developmendredevelopment. would be - $4,000not Stormwater Evaluation of overall needs to be compared to the 0 $21,912/ 0 $27,252/yr 81 acre-foot stormwater Stormwater Master Plan for the area and adding the area year Stormwater detention pond recently to the master plan if needed. Evaluation of structural ($1,826/ fee constructed north of needs, ROW acquisitions needed and current conditions. month)Developme $57,585 Spring Creek and west of S. Taft Hill Rd. nt /Review Fees. PFA Capital Additional fees can be collected if development or 0 0 0 0 0 0 Existing development Expansion redevelopment occurs within the enclave. receives PFA service. Fees Mill Levy for Some property tax revenue would be lost as 70%d of PFA current levy goes to PFA instead of 100%. Police Cost of Police Evaluate based on the number of new dwelling units 0 0 $33,350/yr 0 0 $119,470/yr Based on adopted Service brought into system. Formula to include total police service standards, 0.5 budget plus capital accumulation divided by the current FTE needed at time total service population, times 2.45 residents per of annexation, 1.8 Enclave Annexarhms Evaluation Marra complete Service I Service How is Enclave's Impact to Service Area Calculated? Review occur within the enclave. Current Cost of Annexatio Utilities Water Districts No impacts from initial annexation. Existing service 0 systems will be maintained in most cases. If properties choose to upgrade to City services, they would be required to pay tap fees and the cost of hook ups. Wastewater No impacts from initial annexation. Existing service 0 systems will be maintained in most cases. If the septic system fails or is otherwise a health hazard, the property would be required to upgrade to City service if a sewer line is within 400 feet. If properties choose to upgrade to City services, they would be required to pay tap fees and the cost of hook ups. Septic Systems No impacts from initial annexation. Existing sepjand 0 systems could be maintained in most cases, unles to be a health hazard. If properties choose to upg City services, they would be required to pay tap f the cost of hook ups. 4 0 1 0 0 O&M costs are recovered through the sewer rates. 0 O&M costs are recovered through the sewer rates. t Cost of Annexation at Comments Build -out adequate 0 0 0 Entire annexation area located within the Fort Collins/Loveland Water District 0 0 O&Mcoslsarc No City sewer recovered through the service exists west of sewer rates. S. Taft Hill Rd. Sewer main extensions will be made at the developer's expense 0 0 O&M costs are recovered through the sewer rates. Enrlave Anne.wwm.s Ernlwrirm Matrix romplere Service Service How is Enclave's Impact to Service Current Cost of Annexation Cost of Annexation at Comments Area Calculated? Build -out Frequency Transit Corridors at some time in the future. This service will be provided along both streets, regardless of the annexation. There will be nominal changes in Health and Specific inspection for violations of health and safety 0 0 0 0 0 0 Dial -a -Ride service. Existing staff Safety Code codes, by individual property, adequate Community Building and Evaluation of individual properties for violations of 0 0 0 0 $2.357,400 0 Nominal impact to Planning and Environment Zoning zoning codes. building Building and Zoning al Services permit fees staff. Permit fee calculations include Building Increased workload if development or redevelopment 0 0 0 0 0 0 capital ex ansion fees Existing staff Inspection occur within the enclave. Increase revenue for building adequate permits. Natural Some impact possible if enclave includes habitat 0 0 0 0 0 0 Existing staff Resources resources. Staff time to evaluate development or adequate redevelopment proposals. Advance Evaluate for needs related to sub -area planning. Possible 0 0 0 0 0 0 Existing staff Planning increased workload if large enough area to require adequate additional planning. Development Increased workload if development or redevelopment 0 0 0 0 0 0 Existing staff 3 Enclave Annc_xm .., Erabotirm Matrix complete Service Area Service How is Enclave's Impact to Service Current Cost of Annexation Cost of Annexation at Comments Calculated? Build -out the upgrades if future development or redevelopment occurs in the enclave area and/or adjacent to the sub- standard Collector streets. Local Streets Compare existing conditions to adopted standards, and 0 0 $2K/yr 0 0 $50K/yr Moore Ln Extension evaluate upgrades necessary to bring the Local streets in the enclave up to current or acceptable City standards. Street =$220K City policy and code dictates that property owners Bridge= $250-850K adjacent to Local streets would be responsible for Maintenance=$5.5K/ upgrades to City standards before the City will accept yr those streets for maintenance. Engineering Evaluate needed improvements in the transportation 0 0 0 0 0 0 All costs are paid and Traffic infrastructure, to include traffic signal upgrades for Services ATMS, and alternative modes features such as bus stops, through Street bike lanes and sidewalks. Assist in formation of Special Oversizing fees or the Improvement Districts (SIDs), and in arranging financing SID benefitting the for necessary upgrades to the street system. Provide improvements design and project management services for SIDS. Street Maintenance Arterial and collector streets become the City's responsibility for all maintenance as soon as the See See See above See See See above See information annexation occurs. Local streets that have been built and above above above above above under each maintained to City standards would also become the street classification City's responsibility immediately. Local streets that have not been built and maintained to a City standard would have to be upgraded to an acceptable City standard by the adjacent property owners before the City would assume maintenance responsibility. Transit Evaluate capital and Route needs for providing Transfort 0 0 0 0 0 Services and Dial -A -Ride services to the enclave area. 0 Both S. Taft Hill Rd and Drake are projected to become High Ewlare Annewtiott bwhwtian Malrir complete January 10, 2003 South Taft Hill Seventh Enclave Annexation Evaluation Costs and Revenues Matrix Service Service How is Enclave's Impact to Service Current Cost of Annexation Cost of Annexation at Comments Area Calculated? Build -out Capital Potential Operation Capital Potential Operation Costs Revenue and Costs Revenue and Mainten- Mainten- ance Costs ance Costs Parks Neighborhood Individually compared to service standard. Is the area of 0 0 No Change -$250K -$250K No Change Served by Parks the annexation currently served by a neighborhood park? Rossborough and Cottonwood Glen Additional fees can be collected if development or Neighborhood Parks redevelopment occurs within the enclave. Community Individually compared to service standard. Is the area of 0 0 No Change -$250K -$250K No Change To be served by Park the annexation currently served by a community park? Cottonwood Community Park Additional fees can be collected if development or (completed by 2006) redevelopment occurs within the enclave. Transpor- Arterial Streets Compare existing conditions to adopted standards, and 0 0 $23K/yr 0 0 $23K/yr S. Taft Hill Widening tation evaluate upgrades necessary to bring the Arterial streets Project Completed. in the enclave up to current or acceptable City standards. Street Oversizing funds may be available to assist with the upgrades if future development or redevelopment occurs in the enclave area and/or adjacent to the sub- standard Arterial streets. Collector Compare existing conditions to adopted standards, and 0 0 0 0 0 $6K/yr Developer pays cost Streets evaluate upgrades necessary to bring the Collector streets I I equal to local street in the enclave up to current or acceptable City standards. construction; City Street Ovcrsizing funds may be available to assist with pays oversizin Enclave Annemlinn.s Evahmrim, Matrit mmplar 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 fu.m-�c- ess 40 I'Le- 0 70 Coyik. fe A.A-j �2elll W. 0,n.,K, 2411 Z2349213 -17 -J! t)K LtZ Pr. 14 2- -5 - 0 - 063— - :Imark.octvij c Keaj -Z:R Z- . 9 � 9 q 7 XlY 3 -5 --4yo qll U,BcA"2 8 14V&C OAeS Ann -ie 2 Z 1 94 7 1 a eA4 d, "C r ko -6 Qs r/ 0241 06 3s— -7 css 71 ju 7 I(1CH4P,brTk AcEY FOO.L710 2,t #1 f_j 4, 4C -((Ot A4AO<_ C 52r, 14 9 -5 513 ------- ---- I foL SDO .4�jv\ ms -a's kc,\ k�cAQT. 6b5Z4 2 r-5 GI 07 qg x Z IS - I IoS, 7 --- --------- ------- 4e-s -,JAJLI 26 3 42,2,,S__-23.7_77_ 21(-3 Yll 0 0 XP_ ZAI _ (40 . uc Olt �&&eztA) _4C --- ------ eD �o(J ..C*47-_r_ Cl . ........ ------ ?_6-TV— v _., __ 3(,l 6 9"Ak I Pr L) `�` C moo 03AQ on. 4�[ J.�j #imd�yyta I ,07 i I +2 M li ------- C6 ir4or 6q6EL I'l rid �VL. J 2. Where would a Moore Lane extension go? What would a connection accomplish? After millions of dollars spent to dissect the bike trail, to go through the wetlands, then over Spring Creek, through existing farms and outbuildings, Moore Lane would dead-end at Silver Oaks Subdivision(which it already does). THERE IS NO WAY for Moore lane to connect with Horsetooth without tearing up Silver Oaks. The traffic would have to turn left on Moffatt and go east to exit on Taft Hill Road. What would have been accomplished with all those millions? The Overland Trail extension was defeated several years ago after fierce opposition, but the city seems to still be looking for a "western beltway" (all the way from LaPorte to Horsetooth and eventually to County Road 38E (Harmony). Where Overland Trail dead -ends now, if a road extension were again to be considered, there would be no wetlands to go through, no Spring Creek, no houses, no buildings in order to connect with Horsetooth. If the city thinks Moore Lane would be a substitute Overland Trail beltway, they had better think again. It simply can't be put all the . way through to Horsetooth. 3. Besides enormous sums of money, a developer would have to fight a lengthy battle with environmental concerns and regulations (flood plain, etc.) in the immediate area of the bike trail. How could it possibly be worth it to him if the connected road led nowhere? 4. Why would the city spend huge sums and years to create a beautiful rural bicycle trail, totally apart from traffic, only to dissect and destroy this trail - for no good reason? The nearby recent bicycle tunnel under Taft Hill Road completes the entire Spring Creek Trail. It is a wonderful gift to be able to cross the entire city without traffic. 5. Cameron Gloss is a very good city employee. He is thorough and patient .to answer. questions. After the neighborhood meeting last autumn, he sent every affected citizen a summary. He made a good presentation to you at the meeting Jan 16 ( that is his job). But you commissioners simply cannot picture what he is describing without seeing it personally. I realize you can't go to every site personally which is being discussed and decided upon. But this is a big annexation you are dealing with here, and verbal descriptions and photos simply do not make clear what is involved. -It was evident from the comments most of you made that you really didn't get the picture or understand what he was talking about. Sorry these comments are long. But I think they will take you less time than a speech. Is there a way to file this letter for future perusal when decisions are being, made concerning how the land and roads will be used or developed in this annexation? Thank you, The Butlers, 2503 Tucker Ct. i r To: Planning and Zoning Commission From: Flo Butler, 2503 Tucker Ct. R E C E I V E D Fort Collins, 80526 Subject: Annexation Meeting, Jan. 16, 2003 Date: February 5, 2003 CURRENT PLANNING CANNING Sirs and Ladies: It was instructive to attend the Planning and Zoning meeting, Jan 16. I have never been to one in the 10 years we have lived here. I stayed four hours but did not speak. So I would like to write my comments now. The meeting was a perfect example of a proforma decision. If the Angel Gabriel, himself, had plead with you (trumpet in hand) to NOT annex the property south of the bicycle trail over to Taft Hill Rd on the east, you would have yawned your way through his impassioned comments and then voted YES anyway. That's a proforma decision - minds already made up. The most intelligent and important comment all evening went as follows (paraphrased): "99.99% of the citizens of Fort Collins don't know and don't care about this annexation decision. It affects them not in the least. Even if they knew about it, they couldn't care less. Yet the persons who ARE enormously affected, whose lives will be changed, are hastily listened to and then ignored." When the one courageous Commissioner voted against the annexation, she used that comment as her reason. "Nobody else knows or cares except the people directly involved and they DON'T want to be annexed, so I don't see any reason to vote YES., The words "may", "should", "must", "shall" were bandied about. The state wants the cities to "aggressively pursue" annexation of enclaves, but it is NOT a law ( there is no clause that says annexation MUST or SHALL happen).. So, shouldn't -the city in question be able to act according to the needs and wishes of the people directly involved. There was NO OTHER apparent reason given for annexation (Jan 16). except the words "aggressively pursue." , 01W . Since, the annexation has now been decided, against the involved people's wishes (the=City Council will speed it right through - proforma again), I'd like to make a few points concerning what decisions might or will be made involving the annexed land. We were asked not to dwell on anything else but the annexation at this particular meeting and were told that we would have "plenty of time and voice" to bring up concerns later. Of course, that is a joke. If there ever was a time to bring up these matters, it was BEFORE the annexation. 1. I live (city land) where the Moore Lane cul de sac butts right up against the Spring Creek bicycle trail. Jim Manion (Aeveloper), built a bridge from the cul de sac right down to the trail. One of the comments made at the meeting was about the large amount of PEOPLE traffic on this street and cul de sac - going to and coming from the trail. I decided to sit on my deck (warm winter Saturday) and make a rough count. In two hours, there were 52 people whizzing by on the bike trail and 34 people funneling into it from Moore Lane. The street was full of walkers, kids on rollerblades and bikes, joggers, dog -walkers, parents pushing strollers and pulling burly trailers behind their bikes - all feeding into the trail. If the two ends of Moore lane are connected (over, under, through the bike trail?) how many kids would we lose to the through traffic. — 2 — November 22, 2002 We would ask that you please include this letter in the record of future proceedings as a continuing objection to any plan that might increase the likelihood of Moore Lane being extended across Spring Creek to the south. In addition, we respectfully request that a (non- binding) stipulation be drawn up by which the current city planners, representatives, and Councilors affirm their understanding and commitment that Moore Lane will not be extended. Sincerely yours, Bryan and Sonia Blakely Cc: Fox Creek Meadows HOA RECEIVED Bryan andSonia BlakeCy �i��i li ! b c._�,_21 CURRENT PLANNING 2533 Tucker Court Fort Collins CO 80526 November 27, 2002 Mr. Cameron Gloss, Director of Planning City of Fort Collins P.O. Box 580 Ft. Collins CO 80521 Re: Proposed Annexation Dear Mr. Gloss: We appreciate your patient and forthright handling of the neighborhood meeting regarding the proposed annexation of an enclave parcel west of Taft Hill (for the most part) and south of Drake in early October., Our entire concern with the proposed annexation (and potential urbanization) of this property is that the two currently unconnected segments of Moore Lane (one of which is north and the other of which is south of Spring Creek) will be more likely to be connected if the property is annexed and then developed. Please include this letter and the statements that we made at the meeting as part of the record of the proceedings. While we understand that annexation and development are two entirely different processes, we are nevertheless concerned that by annexing this parcel into the City, the prospect of connecting these two segments will become more likely. That would be highly unfortunate. Many of the neighboring property owners pointed out at the meeting that the segment of Moore Lane that runs south from Drake and terminates in a cul-de-sac just north of Spring Creek runs through a quiet residential neighborhood. The quality of life in this neighborhood would be significantly damaged by extending Moore Lane to the south and connecting it with its namesake on the other side of Spring Creek. Moreover, it would significantly impact the trail and the natural area that borders it. 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 drainaee 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 Taxes 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); 31-12-106. Annexation of enclaves, partly surrounded land, and municipally owned {. land. (1) Annexation of enclaves. When any unincorporated area is entirely contained , within the boundaries of a municipality, the governing body may by ordinance annex such territory to the municipality without complying with section 31-12-104, 31-12-105, 31-12- 108, or 31-12-109 if said area has been so surrounded for a period of not less than three years; except that notice of the proposed annexation ordinance shall be given by publica- tion as provided by section 31-12-108 (2) for notices of annexation petitions and resolutions initiating annexation proceedings, but no public hearing on the proposed annexation ordi- 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 at the time of the annexation of the enclave of public rights -of -way, including streets and alleys, that are not immediately adjacent to the municipality on the side of the right-of-way opposite to the enclave; or (b) Any part of the territory surrounding the enclave was annexed to the municipality since December 19, 1980, without compliance with section 30 of article II of the state con- stitution. (2) (Deleted by amendment, L. 97, p. 995, § 2, effective May 27,1997.) (3) Annexation of unincorporated municipally -owned land. When the municipality is the sole owner of the area that it desires to annex, which area is eligible for annexation as set out in sections 31-1_ (a) and 31 12-105 the governing body may by ordinance annex said area to the municipality lity 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 _ annexed is owned by the annexing municipality and is not solely a public street or r, of -way. (4) Additional terms and conditions on the annexation. Additional terms or condit 1 may be imposed by the governing body in accordance with section 31-12-111 Source: L. 75: Entire title RRRE, p. 1079, l 1, effective July 1. L. 81: (1) amended§ ef (l.]) added, p. 1510, § 1, effective July 1. L. 97: (I.I) and (_,) p• May 27. :. t r..... _...... ..... ......... ........ ..f .., ,,..v n., d, .I u.i. �i , u , h„n •vlif• c if to of . I of the ._� 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. 0 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 Homeowners Association to provide legal enforcement. 4 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 differentfor 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 71h Annexation Neighborhood Meeting 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 annexation x, zd No Text • 01 amr.'7L• South Taft Hill Seventh Annexation & Zoning, File # 38-02 January 16, 2003 Planning and Zoning Board Meeting Page 8 8. City Council Hearings: City Council hearings on this proposed annexation will be held on the following dates: Initiating Resolution First Reading Second Reading January 7, 2003 February 18, 2003 March 4, 2003 FINDINGS OF FACTICONCLUSION: 1. The area meets all criteria included in Colorado State Law to qualify for an involuntary, enclave annexation to the City of Fort Collins. 2. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins as contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Management Area. 3. The proposed annexation is consistent with the applicable criteria in the Fort Collins Land Use Code. 4. The requested UE — Urban Estate and LMN — Low Density Mixed Use Neighborhood Zone Districts are consistent with the City's Structure Plan. RECOMMENDATION: Staff recommends that the Planning and Zoning Board forward a recommendation to the City Council to approve the South Taft Hill 7`h Annexation, and that the area be placed in the UE — Urban Estate and the LMN — Low -Density Mixed Use Neighborhood zone districts. List of Attachments: Attachment A- Site Vicinity Map Attachment B- Proposed Zoning Designations Attachment C- Structure Plan Designations Attachment D- Enclave Annexation Costs and Revenues Matrix Attachment E- Neighborhood Meeting Summary Attachment F- Correspondence Received South Taft Hill Seventh Annexation & Zoning, File # 38-02 January 16, 2003 Planning and Zoning Board Meeting Page 7 In those cases, street maintenance will continue to be the responsibility of the association until the streets are reconstructed to City standards. D. Parks and Recreation The City has made significant investments in three parks that directly serve this area, as well as the Spring Creek regional trail. The existing Rossborough and Cottonwood Glen neighborhood parks provide service to neighborhoods lying to the east and west of S. Taft Hill Rd. By 2006, improvements to Cottonwood Community Park, abutting the west side of the annexation area, will be completed. As mentioned, an extension of the Spring Creek Trail, consisting of a concrete trail from Drake Road west and connecting to the existing trail near the Hampshire Pond subdivision, was recently constructed, including a box culvert underpass allows a grade separated crossing at S. Taft Hill Rd. E. General Government Administration/Personnel With annexation, the number of City employees and the amount of equipment are not expected to measurably increase in order to extend services to the annexation area. This can be attributed to the fact that the annexation area is largely developed at this time and has a relatively small population. 7. Neighborhood Meetinq A neighborhood meeting, attended by more than 100 area residents, was held on October 7, 2002 (a meeting summary is provided in Attachment E). In addition to the generally expressed opposition to the annexation, the majority of the discussion centered on the following issues: • Potential, future connection of Moore Lane. Moore Lane presently terminates in.a cul- de-sac north of the Spring Creek channel and a dead-end street south of Spring Creek. Future development occurring west of S. Taft Hill Rd. may trigger connection of this roadway in order to the meet the City's Level of Service and street connectivity standards. • The legal authority of the City to require annexation. • The cost and responsibility of future street improvements. • Differences in use restrictions between the City and County • Limits on wood burning • Continued use of septic systems I South Taft Hill Seventh Annexation & Zoning, File # 38-02 January 16, 2003 Planning and Zoning Board Meeting Page 6 plans, issuance of building permits and building inspections. The amount of activity is expected to be minor, given that the area is largely developed and that there are limitations to future development based on present infrastructure. Most of the planning, engineering and building plan review, permit and inspection activity will most likely be associated with small-scale land development applications, house additions and remodeling, and property improvements. The City will also assume responsibility for code enforcement, i.e.-handling complaints about zoning, building, grading, sign violations, and nuisances. C. Streets 1. Capital Improvements As part of the "Building Community Choices Program", the City of Fort Collins recently completed a major widening of South Taft Hill Road bisecting the annexation area. Included within this estimated $9 million project is the creation of an 81 acre-foot Regional Detention Pond, an extension to the Spring Creek trail (including an underpass), the undergrounding of overhead powerlines, and construction of a 12" waterline. No other capital projects listed within the adopted Capital Improvement Plan (CIP) are identified for future construction within the annexation area, although an extension of W. Swallow Rd., a collector road, is shown on the Master Street Plan. W. Swallow presently dead -ends approximately one -quarter mile east of S. Taft Hill Rd. Staff anticipates that continuation of W. Swallow to S. Taft Hill Rd. would be constructed as a condition of development approval and that the street oversizing program could potentially contribute to a portion of the street improvement. No other street improvements would be constructed by the City. As the annexed area develops or redevelops, developers will be required to construct or upgrade affected streets 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. 2. Maintenance and Operations With the shift of responsibility from Larimer County to the City of Fort Collins for streets, there will be very slight impact to the City's street maintenance program. Most of the local streets within the annexation area do not conform to the City's street 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. South Taft Hill Seventh Annexation & Zoning, File # 38-02 January 16, 2003 Planning and Zoning Board Meeting Page 5 6. Impact on the City of Fort Collins and other agencies of change in provision of infrastructure and services Based on direction received from City Council on August 28 and September 25, 2001, staff has completed an assessment of potential costs and revenues. The assessment has been prepared from existing and available information provided by City departments and other service agencies based on their understanding of personnel, operating and capital expenses. The figures derived are approximate and not intended to be precise or over prescriptive, but rather as indicators of revenues, service levels and expense. As is noted in the above section, no change will occur in the provision of certain services to residents in the annexation area. With respect to water service, fire protection, and transit, the same agency will provide the service before and after annexation and therefore, no fiscal impact on the City will occur in these areas. Nor is it expected that the special districts will experience a change in fiscal demands on them. In addition, no impact will occur to the school district since schools are provided through the Poudre R-1 School District both before and after annexation. Water mains are in place sufficient to provide the typical level of urban services to a largely residential area. The water lines are the responsibility of the Fort Collins/Loveland Water District. In the areas of law enforcement; planning, building and engineering; streets; stormwater; parks and recreation and general government administration, annexation would result in the shift in responsibility primarily from Larimer County to the City the Fort Collins. What follows is a discussion of possible impacts of this shift in these areas. Estimates of the possible costs in these areas which could result from annexation, stemming from needed equipment and personnel, and the type and number of employees needed to extend the current level of services to this area are included in Attachment D. These costs were developed from the City's'current and historical experience of how costs are related to such factors as the number of existing and projected future dwelling units to be served, size of population, lane miles of streets, and acres of parkland. A. Law Enforcement Shifting law enforcement responsibilities from Larimer County to the City is expected to reduce the demand for personnel and equipment on the.County and increase the demand on the City. The cost of police services in the City is paid primarily through the General Fund. The mill levy on property provides one source of income to the General Fund. B. Planning, Building and Engineering With annexation, the City will assume responsibility for the review of development proposals, including overall development plans, project development plans, and subdivisions; variances; stockpiling permits; sign and grading permits; review of building r South Taft Hill Seventh Annexation & Zoning, File # 38-02 January 16, 2003 Planning and Zoning Board Meeting Page 4 designates the corresponding portions of the annexation area as Urban Estate, Low Density Residential, and Rural/Open Lands and Stream Corridors. Those portions of the annexation area designated "Rural/Open Lands and Stream Corridors" are held under private ownership, and are undevelopable due to their location within FEMA and City -regulated floodways. It is proposed that the LMN district would apply to properties east of S. Taft Rd, and those north of the Spring Creek channel; all other properties within the annexation area would be zoned UE. Therefore, the proposed zoning district designations are considered consistent with the Structure Plan designations. 5. Provision of Services Before and After Annexation Infrastructure and municipal services are now being supplied to the annexation area by Larimer County, Poudre R-1 School District, Poudre Fire Authority, Transfort, and Fort Collins/Loveland Water District. Utilities are supplied by U.S. West for telephone, Excel Energy for electric and gas, and independent cable companies for television cable service. Private Homeowner's Associations maintain some of the roads within the annexation area. All present City of Fort Collins municipal services would be provided to the annexation area. A comparison of which agencies carry responsibility for infrastructure and municipal services before and after annexation is noted below: Before Annexation After Annexation Law Enforcement Larimer County Sheriff City of Fort Collins Planning, Engineering & Building Larimer County City of Fort Collins Streets Larimer County/private City of Fort Collins/ Private Stormwater Larimer County City of Fort Collins Parks and Recreation (no existing County parks City of Fort Collins serve the area) Courts Larimer County Larimer County/City of Fort Collins Municipal General Gov't Admin Larimer County City of Fort Collins Water Fort Collins/Loveland District same Sewer septic/City of Fort Collins same Flood Control Larimer County City of Fort Collins Libraries Larimer County City of Fort Collins Gas/Electric Excel Energy City of Fort Collins Fire Poudre Fire Authority same Schools Poudre R-1 School District same Transit Transfort same I South Taft Hill Seventh Annexation & Zoning, File # 38-02 January 16, 2003 Planning and Zoning Board Meeting Page 3 3. Intergovernmental Agreement between Fort Collins and Larimer County A. IGA Section 8 - Annexations: (1) IGA Section 8(A) - It is the City's intent to annex properties within the GMA as expeditiously as possible. (2) IGA Section 8(D)] - The City agrees to pursue involuntary annexation of any parcel that becomes eligible for involuntary annexation. 4. Land Use Code Standards A. LUC Section 2.12 Annexation of Land - This section of the Land Use Code requires: (1) that the annexation of lands be in accordance with state law, (2) that the Planning and Zoning Board shall hold a hearing on the matter and report a recommendation to the City Council, and (3) that a recommendation on the proper zoning for the lands be provided. The annexation conforms to the requirements in the Colorado Revised Statutes (CRS). This hearing will be the forum through which the Planning and Zoning Board will forward a recommendation to Council. The recommended zoning is UE— Urban Estate and LMN - Low Density Mixed -Use Neighborhood. B. LUC Section 2.9 Amendment to the Zoning Map — This section of the Land Use Code requires that any amendment to the Zoning Map involving the zoning or rezoning of 640 acres of land or less (a quasi-judicial zoning/rezoning) shall be recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: (1) consistent with the City's Comprehensive Plan; and/or (2) warranted by changed conditions within the neighborhood surrounding and including the subject area. The requested zoning for this annexation are the UE- Urban Estate and LMN - Low Density Mixed Use Neighborhood Districts. The area is currently zoned FA-1 Farming District (north of Falcon Dr.), and R Residential District (south of Falcon Dr.) in Larimer County. The City's adopted Structure Plan, a part of City Plan, I� South Taft Hill Seventh Annexation & Zoning, File # 38-02 January 16, 2003 Planning and Zoning Board Meeting Page 2 COMMENTS: 1. Background: The surrounding zoning and land uses as follows: N: R-L Low Density Residential District — existing single family residential NC Neighborhood Commercial — Drake Crossing Shopping Center MMN— Medium Density Mixed Use Neighborhood — vacant, recently rezoned .POL Public Open Lands — City -owned Spring Creek detention area S: R-L — existing single family residential E: R-L — existing single family residential LMN — Low Density Mixed Use Neighborhood— vacant, existing single family residential W: POL Public Open Lands — Cottonwood Glen Park and Southwest Community Park R-L — existing single family residential The South Taft Hill Seventh Annexation consists of approximately 220.22 acres of publicly and privately owned property. The recommended zoning is a combination of the LMN — Low -Density Mixed Use Neighborhood district, the UE — Urban Estate district, and the T — Transition district. The annexation area is located within the Fort Collins Urban Growth Management Area (UGMA). Staff is recommending that this property be included in the Residential Neighborhood Sign District, which was established for the purpose of regulating signs for non-residential uses in certain geographical areas of the City which may be particularly affected by such signs because of their predominantly residential use and character. A map amendment would be necessary to place this property within the Residential Neighborhood Sign District. 2. State Law — Colorado Revised Statutes (CRS) & The Colorado Constitution A. CRS 31-12-106 — Annexation of enclaves: This area is eligible for annexation according to CRS, permitting an unincorporated area to be annexed if such area has been surrounded by land with the City's jurisdiction for a period of not less than three years. This annexation complies with this standard since the enclave was created upon approval of the. Pine Ridge Fourth Annexation more than three years ago (March 17, 1998). Enclave annexations are exempt from the provisions of CRS 31-12-104, 31-12-105, 31-12-108, and 31-12-109. B. Colorado Constitution, Article 1, Section 30 The annexation meets this Constitutional requirement in that the annexation area has been surrounded by properties within the City for at least three years. ITEM NO. R MEETING DATE 11-161ns 60 a aim STAFF Cameron Gloss ICitv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: South Taft Hill Seventh Annexation, file #38-02 APPLICANT: City of Fort Collins 300 E. LaPorte Ave. Fort Collins, CO 80521 PROJECT DESCRIPTION: Annexation and zoning of a County enclave that is completely surrounded by properties that have been annexed into the City. The request area is composed of approximately 220.22 acres of privately and publicly owned (street right-of-way) property generally located south of W. Drake Rd., lying to the west and east of S. Taft Hill Rd, and including the S. Taft Hill Rd right-of-way. The recommended zoning is a combination of the UE— Urban Estate, and the LMN — Low -Density Mixed Use Neighborhood district. RECOMMENDATION: Staff recommends approval of the annexation and recommends that the area be placed in the UE — Urban Estate, and the LMN — Low -Density Mixed Use Neighborhood zone districts (depicted in Attachment 13). EXECUTIVE SUMMARY: The annexation application complies with the applicable state law, the Intergovernmental Agreement between Fort Collins and Larimer County, and the applicable criteria in the Fort Collins Land Use Code. The area is partially developed and partially undeveloped and in the FA-1 Farming District (north of Falcon Dr.), and R Residential District (south of Falcon Dr.) in Larimer County. The recommended zoning is the UE—Urban Estate and LMN — Low -Density Mixed Use Neighborhood Districts. This is an involuntary annexation initiated by the City of Fort Collins. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box580 Fart Collins, CO80522-0580 (970)221-6750 PLANNING DEPARTMENT WIT WAKE ROA CA 6 SOUTH TAFT HILL SEVENTH ANNEXATION 1 TO THE CITY OF FORT COLLINS, COLORADO 1 •- r _ 1 TRACT OF IAND SITUATE IN THE NOMMST 1/4 OF SECTION 27 AND TO BAST 1/2 OF SECTION 26, xwlx Q_ ® 3 TOWNSW 7 NORTH, RANGE 69 WEST OF THE OTR P.Y., COUNTY OF IdROIRR, STATE OF COIDBADO � ® wW aiRiwm' � � n..t�a.N�..m. SMMC NIWe.IM1P �.nw 1 1 1 — — T i 1 •v 1 i — 1 1 y MUNE DPrvE — — — — pC 3� 4 Y 1 a 1 1 S.LLCON DMVE R a S 1 1 � r 1 1 sc/nIIi�. ..fir l 1 — — — — — — +, Narrtt mmrt 1 9 ..B 1 1 — — PND.NDu DPrv[ m:,P•'IT f".6T..mx yt 1 1 1 1 1 1 1 [f 10. . III—w 1 S i1.3 SQt M)f S0I . I..0 OOR 6 Y.D�wnfO, v.i OPIIINI.p WltfbD •. v r I Y \S YC w—f_SS Y1YM.2 Iry 3[L M / T-I_w MIS .IIO l[LY YSWNr�S. No Text No Text Introduced, considered favorably on first reading, and ordered published this 18th day of February, A.D. 2003, and to be presented for final passage on the 4th day of March, A.D. 2003. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of March, A.D. 2002. Mayor 01WO 411 City Clerk SOUTHERLY LINE OF SAID WEST DRAKE ROAD ANNEXATION TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, N 89 ° 16' 00" W 4.77 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID WEST DRAKE ROAD ANNEXATION; THENCE, N 000 49' 22" W 448.14 FEET ON AND ALONG THE WESTERLY LINE OF SAID WEST DRAKE ROAD ANNEXATION; THENCE, S 880 41' 59" W 98.19 FEET ON AND ALONG THE SOUTHERLY LINE OF THE KIEFT ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 020 25' 52" W 34.29 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID KIEFT ANNEXATION; THENCE, S 88° 41' 48" W 135.82 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID KIEFT ANNEXATION; THENCE, N 480 33' 09" W 89.13 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID KIEFT ANNEXATION; THENCE, N 05 ° 59' 13" E 403.24 FEET. ON AND ALONG THE WESTERLY LINE OF SAID KIEFT ANNEXATION; THENCE, S 880 4F 51" W 475.05 FEET ON AND ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28, ALSO BEING THE SOUTHERLY LINE OF THE BROWN FARM ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00 ° 13' 31 " E 630.80 FEET ON AND ALONG THE EASTERLY LINE OF THE MANION ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 88° 24' 03" E 217.86 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID MANION ANNEXATION; THENCE, S 00' 13' 31" E 695.89 FEET ON AND ALONG THE EASTERLY LINE OF SAID MANION ANNEXATION; THENCE, S 880 51' 19" W 641.13 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID MANION ANNEXATION; THENCE, S 890 38' 53" W 524.65 FEET; THENCE, N 000 11' 49" W 391.04 FEET ON AND A POINT OFMTERSECTION WITH THE SOUTHERLY LINE OF SAID WEST DRAKE ROAD ANNEXATION AND TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 15.97 ACRES MORE OR LESS. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins be, and the same hereby is, changed and amended by showing that the above -described property is included in the Residential Neighborhood Sign District. Section 3. That the City Engineer is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. SECTION 27, ALSO BEING THE WESTERLY LINE OF THE VILLAGE SQUARE ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 89 ° 25' 16" W 322.76 FEET ON AND ALONG THE SOUTH LINE OF THE HULL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 000 02' 45" E 1100.58 FEET ON AND ALONG THE WESTERLY LINE OF SAID HULL ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT -OF WAY LINE HULL STREET; THENCE, N 890 24' 34" W 645.84 FEET ON AND ALONG THE NORTHERLY RIGHT -OF WAY LINE OF SAID HULL STREET, ALSO BEING THE SOUTHERLY LINE OF THE SPRINGBROOK TWO ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 890 24' 34" W 352.50 FEET ON AND ALONG THE NORTHERLY RIGHT -OF WAY LINE OF SAID HULL STREET, ALSO BEING THE SOUTHERLY LINE OF THE SPRINGBROOK ANNEXATION TO THE CITY OF FORT COLLINS, TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 28; THENCE, S 00' 01' 16" W 1309.48 FEET ON AND ALONG SAID WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27 TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION: CONTAINING 32.69 ACRES MORE OR LESS. PARCEL "C" - TO BE PLACED INTO THE LOW -DENSITY MIXED USE NEIGHBORHOOD (LMN) ZONE DISTRICT• A TRACT OF LAND SITUATE IN THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARDvIER, STATE OF COLORADO, CONSIDERING THE EAST LINE OF THE NORTH EAST QUARTER OF SAID SECTION 28 AS BEARING N 000 01' 16" E WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE EAST 1/4 CORNER OF SECTION 28,_ THENCE, N 000 01' 16" E 1732.66 FEET ON AND ALONG SAID EASTERLY LINE OF THE NORTHEAST QUARTER OF SAID. SECTION 28; THENCE, S 880 41' 51" W 230.00 FEET ON AND ALONG THE SOUTHERLY LINE OF THE HUBER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00 ° OF 16" W 57.22 FEET ON AND ALONG THE EASTERLY LINE OF THE WEST DRAKE ROAD ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 89°16' 00" W 1230.77 FEET ON AND ALONG THE 1/64 CORNER OF SAID SECTION 28, ALSO BEING THE NORTHERLY LINE OF SAID PINERIDGE FOURTH ANNEXATION; THENCE, N 89 ° 09' 50" E 1976.40 FEET ON AND ALONG THE SOUTH LINE OF THE NORTH '/2 OF THE SOUTHEAST QUARTER OF SAID SECTION 28, ALSO BEING THE NORTHERLY LINE OF THE KEN -MARK ANNEXATION TO THE CITY OF FORT COLLINS TO THE SOUTH 1/16TH CORNER OF SAID SECTIONS 27 AND 28, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 171.56 ACRES MORE OR LESS. PARCEL "B" - TO BE PLACED INTO THE LOW -DENSITY MIXED USE NEIGHBORHOOD (LMN) ZONE DISTRICT: A TRACT OF LAND SITUATE IN THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27 AS BEARING N 000 01' 16" E WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE WEST 1/4TH CORNER OF SECTIONS 27; THENCE, N 000 01' 16" E 209.98 FEET ON AND ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, ALSO BEING THE WESTERLY. LINE OF THE TEMPLE ANNEXATION TO THE CITY OF FORT COLLINS AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, S 890 32' 05" E 596.01 FEET LEAVING SAID SECTION 28 ON AND ALONG THE NORTHERLY LINE OF SAID TEMPLE ANNEXATION; THENCE, S 170 37' 48" E 12.62 FEET ON AND ALONG THE NORTHERLY LINE OF SAID TEMPLE ANNEXATION; THENCE, S 89° 32' 08" E 500.22 FEET ON AND ALONG THE NORTHERLY LINE OF SAID TEMPLE ANNEXATION; THENCE, S 00 ° 02' 12" W 198.00 FEET ON AND ALONG THE EASTERLY LINE OF SAID TEMPLE ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27; THENCE, S 89 ° 32' 07" E 220.42 FEET ON AND ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, ALSO BEING THE NORTHERLY LINE OF SAID TREND HOMES 2ND ANNEXATION; THENCE, N 000 02' 45" E 415.76 FEET ON AND ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID THENCE, S 890 02' 55" W 213.38 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID SPRUCE HOMES ANNEXATION; THENCE, N 000 53' 23" E 245.29 FEET ON AND ALONG THE WESTERLY LINE OF SAID SPRUCE HOMES ANNEXATION; THENCE N 89' 14' 28" E 217.21 FEET ON AND ALONG THE NORTHERLY LINE OF SAID SPRUCE HOMES ANNEXATION TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28; THENCE, N 000 00' 22" E 667.88 FEET ON AND ALONG SAID EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28 TO THE EAST QUARTER CORNER OF SAID SECTION 28, ALSO BEING THE WESTERLY LINE OF THE TREND HOMES 2ND ANNEXATION, AND A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE TEMPLE ANNEXATION TO THE CITY OF FORT COLLINS, ALSO BEING THE WESTERLY LINE OF THE TREND HOMES 2m ANNEXATION; THENCE, N 000 01' 16" E 1732.66 FEET ON AND ALONG THE EASTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE, S 880 4F 51" W 230.00 FEET ON AND ALONG THE SOUTHERLY LINE OF THE HUBER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 000 01' 16" W 57.22 FEET ON AND ALONG THE EASTERLY LINE OF THE WEST DRAKE ROAD ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 89 ° 16' 00" W 1230.77 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID WEST DRAKE ROAD ANNEXATION; THENCE, S 000 11' 49" E 391.04 FEET; THENCE, S 89 ° 38' 53" W 524.65 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE MANION ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 88 ° 51' 19" W 641.13 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID MANION ANNEXATION; THENCE, S 000 12' 10" W 1323.98 FEET ON AND ALONG THE WEST LINE OF THE NORTHEAST QUARTER TO THE CENTER QUARTER CORNER OF SAID SECTION 28, ALSO BEING THE EASTERLY LINE OF THE QUAIL HOLLOW FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 000 15' 45" W 1326.83 FEET ON AND ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER TO THE SOUTH 16TH CORNER OF SAID SECTION 28, ALSO BEING THE EASTERLY LINE OF THE PINERIDGE FOURTH ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 89 ° 09' 50" E 658.80 FEET ON AND ALONG THE SOUTH LINE OF THE NORTH Yz OF THE SOUTHEAST QUARTER TO THE CENTER WEST SOUTHEAST ORDINANCE NO.031, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE SOUTH TAFT HILL SEVENTH ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.8 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, in accordance with the foregoing, the Council has considered the zoning of the property which is the subject of this ordinance, and has determined that the said property should be zoned as hereafter provided. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby amended by including the three parcels of property referenced below as Parcels "A", "B" and "C", known collectively as the "South Taft Hill Seventh Annexation to the City of Fort Collins, Colorado", and by placing such parcels into the Urban Estate (UE) Zone District and the Low -Density Mixed Use Neighborhood (LMN) Zone District as follows: PARCEL "A" - TO BE PLACED INTO THE URBAN ESTATE (UE) DISTRICT• A TRACT OF LAND SITUATE IN THE EAST '/z OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARINMR, STATE OF COLORADO, CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28 AS BEARING N 000 00' 22" E WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE SOUTH 1/16TH CORNER OF SECTIONS 27 AND 28, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, N 000 00' 22" E 421.26 FEET ON AND ALONG SAID EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28 TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE SPRUCE HOMES ANNEXATION TO THE CITY OF FORT COLLINS, ALSO BEING THE WESTERLY LINE OF THE TREND HOMES 2ND ANNEXATION TO THE CITY OF FORT COLLINS; Passed and adopted on final reading this 4th day of March, A.D. 2003. Mayor ATTEST: City Clerk SECTION 28, ALSO BEING THE EASTERLY LINE OF THE PINERIDGE FOURTH ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 89 ° 09' 50" E 658.80 FEET ON AND ALONG THE SOUTH LINE OF THE NORTH Yz OF THE SOUTHEAST QUARTER TO THE CENTER WEST SOUTHEAST 1/64 CORNER OF SAID SECTION 28, ALSO BEING THE NORTHERLY LINE OF SAID PINERIDGE FOURTH ANNEXATION; THENCE, N 890 09' 50" E 1976.40 FEET ON AND ALONG THE SOUTH LINE OF THE NORTH 1h OF THE SOUTHEAST QUARTER OF SAID SECTION 28, ALSO BEING THE NORTHERLY LINE OF THE KEN -MARK ANNEXATION TO THE CITY OF FORT COLLINS TO THE SOUTH 1/16TH CORNER OF SAID SECTIONS 27 AND 28, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION, CONTAINING 220.22 ACRES MORE OR LESS. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the South Taft Hill Seventh Annexation. Section 2. 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 3. . 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 ("the Subdistrict"). Upon inclusion into the Subdistrict, said property shall be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict. Introduced, considered favorably on first reading, and ordered published this 18th day of February, A.D. 2003, and to be presented for final passage on the 4th day of March, A.D. 2003. Mayor ATTEST: City Clerk 16" E 213.20 FEET ON AND ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28, ALSO BEING THE WESTERLY LINE OF SAID SPRINGBROOK ANNEXATION; THENCE, S 880 41' 51" W 230.00 FEET ON AND ALONG THE SOUTHERLY LINE OF THE HUBER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00 ° 01' 16" W 57.22 FEET ON AND ALONG THE EASTERLY LINE OF THE WEST DRAKE ROAD ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 8901600" W 1235.54 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID WEST DRAKE ROAD ANNEXATION; THENCE, N 000 49' 22" W 448.14 FEET ON AND ALONG THE WESTERLY LINE OF SAID WEST DRAKE ROAD ANNEXATION; THENCE, S 880 41' 59" W 98.19 FEET ON AND ALONG THE SOUTHERLY LINE OF THE KIEFT ANNEXATION -TO THE CITY OF FORT COLLINS; THENCE, N 020 25' 52" W 34.29 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID KIEFT ANNEXATION; THENCE, S 88* 41' 48" W 135.82 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID KIEFT ANNEXATION; THENCE, N 480 33' 09" W 89.13 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID KIEFT ANNEXATION; THENCE, N 05 ° 59' 13" E 403.24 FEET ON AND ALONG THE WESTERLY LINE OF SAID KIEFT ANNEXATION; THENCE, S 88 0 4 F 51 " W 475.05 FEET ON AND ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28, ALSO BEING THE SOUTHERLY LINE OF THE BROWN FARM ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00 ° I T 31 " E 630.80 FEET ON AND ALONG THE EASTERLY LINE OF THE MANION ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 88 ° 24' 03" E 217.86 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID MANION ANNEXATION; THENCE, S 00° 13' 31" E 695.89 FEET ON AND ALONG THE EASTERLY LINE OF SAID MANION ANNEXATION; THENCE, S 88 ° 51' 19" W 641.13 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID MANION ANNEXATION; THENCE, S 000 12' 10" W 1323.98 FEET ON AND ALONG THE WEST LINE OF THE NORTHEAST QUARTER TO THE CENTER QUARTER CORNER OF SAID SECTION 28, ALSO BEING THE EASTERLY LINE OF THE QUAIL HOLLOW FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 000 15' 45" W 1326.83 FEET ON AND ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER TO THE SOUTH 16TH CORNER OF SAID 3 QUARTER CORNER OF SAID SECTION 28, ALSO BEING THE WESTERLY LINE OF THE TREND HOMES 2Np ANNEXATION, AND A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE TEMPLE ANNEXATION TO THE CITY OF FORT COLLINS, ALSO BEING THE WESTERLY LINE OF THE TREND HOMES 2"D ANNEXATION; THENCE, N 000 OF 16" E 209.98 FEET ON AND ALONG THE EASTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28, ALSO BEING THE WESTERLY LINE OF SAID TEMPLE ANNEXATION; THENCE, S 89 ° 32' 05" E 596.01 FEET LEAVING SAID SECTION 28 ON AND ALONG THE NORTHERLY LINE OF SAID TEMPLE ANNEXATION; THENCE, S 17 ° 37' 48" E 12.62 FEET ON AND ALONG THE NORTHERLY LINE OF SAID TEMPLE ANNEXATION; THENCE, S 89 ° 32' 08" E 500.22 FEET ON AND ALONG THE NORTHERLY LINE OF SAID TEMPLE ANNEXATION; THENCE, S 00' 02' 12" W 198.00 FEET ON AND ALONG THE EASTERLY LINE OF SAID TEMPLE ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27; THENCE, S 890 32' 07" E 220.42 FEET ON AND ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, ALSO BEING THE NORTHERLY LINE OF SAID TREND HOMES 2"D ANNEXATION; THENCE, N 00 ° 02' 45" E 415.76 FEET ON AND ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27, ALSO BEING THE WESTERLY LINE OF THE VILLAGE SQUARE ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 890 25' 16" W 322.76 FEET ON AND ALONG THE SOUTH LINE OF THE HULL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 000 02' 45" E 1100.58 FEET ON AND ALONG THE WESTERLY LINE OF SAID HULL ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT -OF WAY LINE HULL STREET; THENCE, N 89 ° 24' 34" W 645.84 FEET ON AND ALONG THE NORTHERLY RIGHT -OF WAY LINE OF SAID HULL STREET, ALSO BEING THE SOUTHERLY LINE OF THE SPRINGBROOK TWO ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 89 ° 24' 34" W 352.50 FEET ON AND ALONG THE NORTHERLY RIGHT -OF WAY LINE OF SAID HULL STREET, ALSO BEING THE SOUTHERLY LINE OF THE SPRINGBROOK ANNEXATION TO THE CITY OF FORT COLLINS, TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE, N 00` 01' ORDINANCE NO. 030, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE SOUTH TAFT HILL SEVENTH ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2003-002, stating the intent of the City of Fort Collins to annex certain property and initiating annexation proceedings, has heretofore been adopted; and WHEREAS, the Council of the City of Fort Collins does hereby find and determine 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 following described property, to wit: A TRACT OF LAND SITUATE IN THE NORTHWEST 1/4 OF SECTION 27 AND EAST '/2 OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARRVIER, STATE OF COLORADO, CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28 AS BEARING N 000 00' 22" E WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE SOUTH 1/16TH CORNER OF SECTIONS 27 AND 28, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, N 000 00' 22" E 421.26 FEET ON AND ALONG SAID EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28 TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE SPRUCE HOMES ANNEXATION TO THE CITY OF FORT COLLINS, ALSO BEING THE WESTERLY LINE OF THE TREND HOMES 21fD ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 89 ° 02' 55" W 213.38 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID SPRUCE HOMES ANNEXATION; THENCE, N 000 53' 23" E 245.29 FEET ON AND ALONG THE WESTERLY LINE OF SAID SPRUCE HOMES ANNEXATION; THENCE N 89' 14' 28" E 217.21 FEET ON AND ALONG THE NORTHERLY LINE OF SAID SPRUCE HOMES ANNEXATION TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28; THENCE, N 000 00' 22" E 667.88 FEET ON AND ALONG SAID EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28 TO THE EAST RESOLUTION 2003-023 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE SOUTH TAFT HILL SEVENTH ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the South Taft Hill Seventh Annexation; and WHEREAS, following Notice given as required by law, the Council has held a hearing on said Annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council of the City of Fort Collins 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 (3) years prior to this date. Section 2. That the Council hereby finds that the requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met. Section 3. That the Council further finds and determines that an election pursuant to Sections 31-12-107(2) or 31-12-112(1), C.R.S., is not required. Section 4. That no additional terms and conditions are to be imposed upon the area proposed to be annexed. Section 5. That the Council further finds that notice was given and hearing was held regarding .the annexation in accordance with Sections 31-12-108 and 31-12-109, C.R.S., as applicable. Section 6. That the Council concludes that the area proposed to be annexed in the South Taft Hill Seventh Annexation is eligible for annexation to the City and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 18th day of February, A.D. 2003. Mayor ATTEST: City Clerk DATE: � ITEM NUMBER: City Council approve the annexation request as recommended by staff and that the properties be placed in the residential sign district. This agenda item summary includes the following attachments: 1. Vicinity maps 2. Proposed zoning map 3. Annexation Plat (reduced copy) 4. January 16, 2003 Planning and Zoning Board packet 5. Attendance Sheets for the November 7, 2002 Neighborhood Meeting e ruary , DATE: ITEM NUMBER: 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 those cases, street maintenance will continue to be the responsibility of the association until the streets are reconstructed to City standards. Parks and Recreation The City has made significant investments in three parks that directly serve this area, as well as the Spring Creek regional trail. The existing Rossborough and Cottonwood Glen neighborhood parks provide service to neighborhoods lying to the east and west of South Taft Hill Road. By 2006, improvements to Cottonwood Community Park, abutting the west side of the annexation area, will be completed. As mentioned, an extension of the Spring Creek Trail, consisting of a concrete trail from Drake Road west and connecting to the existing trail near the Hampshire Pond subdivision, was recently constructed, including a box culvert underpass allows a grade separated crossing at South Taft Hill Road. General Government Adrninistration/Personnel With annexation, the number of City employees and the amount of equipment are not expected to measurably increase in order to extend services to the annexation area. This can be attributed to the fact that the annexation area is largely developed at this time and has a relatively small population. Costs and Revenues to the City Based on direction received from City Council on August 28 and September 25, 2001, staff has completed an assessment of potential costs and revenues associated with the annexation. The attached document, the South Taft Hill Seventh Enclave Annexation Cost and Revenues Matrix, has been prepared from existing and available information provided by City departments and other service agencies based on their understanding of personnel, operating and capital expenses. The figures derived are approximate and not intended to be precise or over prescriptive, but rather as indicators of revenues, service levels and expense. Staff completed an assessment of costs and revenues associated with existing conditions as well as those related to a potential, future development scenario under the proposed zoning designations and Land Use Code regulations. (Note that no cost/revenue summary figures are shown on the "buildout" scenario due to the lack of information about the rate at which revenues increase.) The bottom line appears that the present cost to provide services to the annexation area, in a manner meeting the City's adopted standards, slightly exceeds the revenues that the City will take in as a result of the annexation. Property tax revenues, assessment in stormwater fees, and additional sales and use taxes, are estimated to be slightly less than the increased City costs to provide police service and street maintenance. The Planning and Zoning Board Hearing The Planning and Zoning Board considered the South Taft Hill 7th Annexation at its January 16, 2003 meeting. The Board voted unanimously (5-0, Colton and Craig absent) to recommend that DATE: ITEM NUMBER: Law Enforcement Shifting law enforcement responsibilities from Larimer County to the City is expected to reduce the demand for personnel and equipment on the County and increase the demand on the City. The cost of police services in the City is paid primarily through the General Fund. The mill levy on property provides one source of income to the General Fund. Planning, Building and Engineering With annexation, the City will assume responsibility for the review of development proposals, including overall development plans, project development plans, and subdivisions; variances; stockpiling permits; sign and grading permits; review of building plans, issuance of building permits and building inspections. The amount of activity is expected to be minor, given that the area is largely developed and that there are limitations to future development based on present infrastructure. Most of the planning, engineering and building plan review, permit and inspection activity will most likely be associated with small-scale land development applications, house additions and remodeling, and property improvements. The City will also assume responsibility for code enforcement, i.e. handling complaints about zoning, building, grading, sign violations, and nuisances. Streets Capital Improvements As part of the "Building Community Choices Program", the City of Fort Collins recently completed a major widening of South Taft Hill Road bisecting the annexation area. Included within this estimated $9 million project is the creation of an 81 acre-foot Regional Detention Pond, an extension to the Spring Creek trail (including an underpass), the undergrounding of overhead powerlines, and construction of a 12" waterline. No other capital projects listed within the adopted Capital Improvement Plan (CIP) are identified for future construction within the annexation area, although an extension of West Swallow Road, a collector road, is shown on the Master Street Plan. West Swallow presently dead -ends approximately one -quarter mile east of South Taft Hill Road. Staff anticipates that continuation of West Swallow to South Taft Hill Road would be constructed as a condition of development approval and that the street oversizing program could potentially contribute to a portion of the street improvement. No other street improvements would be constructed by the City. As the annexed area develops or redevelops, developers will, be required to construct or upgrade affected streets 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. Maintenance and Operations With the shift of responsibility from Latimer County to the City of Fort Collins for streets, there will be very slight impact to the City's street maintenance program. Most of the local streets within the annexation area do not conform to the City's street design standards. The City will provide the same level of service as the County provided prior to annexation. This usually DATE: ITEM NUMBER: Several issues regarding the impacts of annexation surfaced during discussions with property owners and at the Planning and Zoning Board hearing. Detailed responses to most questions are summarized in the Neighborhood Meeting Summary and Most Commonly Asked Questions attachments to the Planning and Zoning Board staff report. While most issues involved are similar to other annexations, one was unique to this area: Potential, future connection of Moore Lane. Moore Lane presently terminates in a cul-de-sac north of the Spring Creek channel and a dead- end street south of Spring Creek. Future development occurring west of South Taft Hill Road may trigger connection of this roadway, include a bridge over Spring Creek, in order to meet the City's Level of Service and street connectivity standards. If major development occurs west of South 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. Residents have expressed concern that this connection will increase traffic speeds, have adverse environmental impacts to Spring Creek, and reduce neighborhood livability. No development is proposed at this time that would trigger the extension of Moore Lane. Citizens have expressed interest in approaching City Council about placing a restriction on a future Moore Lane extension as part of the annexation ordinance. Staff has made it clear in the public record, that an annexation condition made by the present City Council would not bind the action of a future City Council with respect to this issue. Impact on the City of Fort Collins and other agencies of change in provision of infrastructure and services. Certain services to residents in the annexation area will not change as a result of the annexation. With respect to water service, fire protection, and transit, the same agency will provide the service before and after annexation and therefore, no fiscal impact on the City will occur in these areas. Nor is it expected that the special districts will experience a change in fiscal demands on them. In addition, no impact will occur to the school district since schools are provided through the Poudre R-1 School District both before and after annexation. Water mains are in place sufficient to provide the typical level of urban services to a largely residential area. Both the Fort Collins/Loveland Water District and the City of Fort Collins have existing water lines in the area and will continue their responsibility to maintain them. In the areas of law enforcement; planning, building and engineering; streets; stormwater; parks and recreation and general government administration, annexation would result in the shift in responsibility primarily from Latimer County to the City the Fort Collins. What follows is a discussion of possible impacts of this shift in these areas. Estimates of the possible costs in these areas which could result from annexation, stemming from needed equipment and personnel, and the type and number of employees needed to extend the current level of services to this area are included in the Costs and Revenues Matrix (see attached). These costs were developed from the City's current and historical experience of how costs are related to such factors as the number of existing and projected future dwelling units to be served, size of population, lane miles of streets, and acres of parkland. e ruary , DATE: � ITEM NUMBER: KGROUND: The surrounding zoning and land uses as follows: N:. R-L Low Density Residential District — existing single family residential NC Neighborhood Commercial — Drake Crossing Shopping Center MMN— Medium Density Mixed Use Neighborhood — vacant, recently rezoned POL Public Open Lands — City -owned Spring Creek detention area S: R-L — existing single family residential E: R-L — existing single family residential LMN — Low Density Mixed Use Neighborhood — vacant, existing single residential W: POL Public Open Lands Cottonwood Glen Park and Southwest Community Park R-L — existing single family residential family The South Taft Hill Seventh Annexation consists of approximately 220.22 acres of publicly and privately owned property. The recommended zoning is a combination of the LMN — Low - Density Mixed Use Neighborhood district, and the UE — Urban Estate district. The annexation area is located entirely within the Fort Collins Growth Management Area (GMA). Enclave areas become eligible for annexation when they have been completely surrounded by properties that have been within the City limits for at least three years. The area to be annexed has been an enclave for at least three years and is therefore,, eligible for annexation. Eligibility was created three years after the date of the Pine Ridge Fourth Annexation, which occurred on March 17, 1998. When property is annexed, property taxes are adjusted by adding the City's mill levy and removing the Poudre Fire Authority's mill levy. Purchases made by those residing within the annexation area would now be subject to City sales tax. Storm drainage fees would be assessed for annexed properties. There are several advantages to the City and area residents to annex enclave areas. First, is the desirability to consolidate the provision of public safety services. While fire service is provided by Poudre Fire Authority in both the enclave areas and the City, police services are not. The second issue is the ability to avoid confusion among the property owners, surrounding property owners and the City or County. Probably the biggest issue here relates to the provision of public safety services and enforcement of zoning and nuisance ordinances. People often don't realize that they are actually located in the County when they are surrounded by land within the City. The third issue pertains to the likelihood of development occurring under County regulations instead of the City's. The intergovernmental agreement between the City of Fort Collins and Larimer County only applies to those land use decisions requiring an action by the Board of County Commissioners. Lastly, 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 affect them.. AGENDA ITEM SUM ArlWA FORT COLLINS CITY COUNCIL ITEM NUMBER: 31 A-C DATE: February 18, 2003 FROM: Cameron Gloss SUBJECT: ' ALlU%Ar,0.. 1^44.4"AI ; Items Relating to the South Taft Hill Seventh Annexation and Zoning. I oeve—Y RECOMMENDATION: Staff recommends adoption of the Resolution and of the Ordinances on First Reading. EXECUTIVE SUMMARY: E '2 . V, A. Resolution 2003-023 Setting ForkFindings of Fact and Determinations Regarding the South Taft Hill Seventh Annexation. -7- O B. First Reading of Ordinance No. 030, 2003, Annexing Property Known as the South Taft Hill Seventh Annexation. �7 O 1GAg-'AH G {E�y I^^• � �tt cev C. First Reading of Ordinance No. 031, 2003, Amending the Zoning District 'ap of the k^A City of Fort Collins and Classifying for Zoning Purposes the Property Included in South o� Taft Hill Seventh Annexation. . 7-0 otvc- This is an involuntary annexation and zoning of an enclave area approximately 220 acres in size, generally located south of West Drake Road, lying to the west and east of South Taft Hill Road, and including the South Taft Hill Road right-of-way (see attached vicinity map). The annexation application complies with the applicable state law, the Intergovernmental Agreement between Fort Collins and Larimer County, and the applicable criteria in the Fort Collins Land Use Code. The area is partially developed and partially undeveloped and'in the FA-1 Farming District (north of Falcon Drive), and R Residential District (south of Falcon Drive) in Larimer County. The recommended zoning is the UE-Urban Estate and LMN-Low-Density Mixed Use Neighborhood Districts. • ' ' 80l:"�J111 OWNERS (kt 3 ►'. A *V1 ,A 1111vt ode, 4w v a4v,, City of Fort Collins 91 Individual Property Owners �,„,eay,y Ave, a mif;A 1 wV+ 2. ^mac . V1�ro vN e, ex-i-emtp�o" R4'-e�41 cq^ x A" Cyr 4v w 1 �r �� •