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HomeMy WebLinkAbout5830 S. TIMBERLINE RD. - LEHMAN-TIMBERLINE ANNEXATION & ZONING (ENCLAVE) - ANX160006 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSBacon House Attachment 5 Fort Collins Industrial Commercial/Retail Accessory/Miscellaneous Permitted — See Accessory/ Miscellaneous Urban Estate (UE) Resource extraction, processes and sales. Composting facilities. Small-scale and medium -scale solar energy systems. Bed and breakfast establishments with no more than six (6) beds Plant nurseries and greenhouses. Animal boarding (limited to farm/large animals). Adult day/respite care centers. Child care centers Small scale reception centers. Urban Estate (UE) Accessory buildings containing more than two thousand five hundred (2,500) square feet or floor area. Wireless telecommunication equipment. Farm animals. Urban agriculture 13 Attachment 4 Radio and television transmitters (S) Farming (FA-1) Permitted — See Agriculture Permitted — See Agriculture Permitted — See Institutional Farming (FA-1) Permitted — See Utilities Permitted — See Agriculture City of Fort Ccdlns Accommodation Utilities Golf courses. Wildlife rescue and education centers. Minor public facilities. Attachment 4 State -licensed group home (S) Country club (S) Golf course (S) Membership club IS Shooting range (S) Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. Urban Estate (UE) Farming (FA-1) Permitted - See Bed and breakfast (MS/S)— Commercial/Retail See section 4.3.6 Seasonal camp (S) Permitted — See Industrial Mining (S) Oil and gas drilling and production (R) Small solar facility (R/PSP) Small wind energy facility (MS) Urban Estate (UE) 12 Farming (FA-1) Commercial mobile radio service (SP/ S) -See section 16 City of Fort�i— CoRins Residential Urban Estate (UE) Group homes for up to eight (8) developmentally disabled or elderly persons. Single-family detached dwellings. Duplexes Residential cluster developments. Attachment 4 Sod farm, nursery (R) Tree farm (R) Farming (FA-1) Dwelling, cabin (R)— See section 4.3.2 Group home for the aged (R) Group home (R) Group home for the mentally ill (R) Single Family Dwelling Storage buildings and garages (R)—See section 4.3.2 Single-family attached dwellings. Institutional Urban Estate (UE) Farming (FA-1) Cemeteries. Permitted —Commercial / Retail Places of worship or assembly Cemetery (S) Child/elderly care center (S) Church (MS/S) See section 4.3—See section 4.3.4 Community hall (MS/S)—See section 4.3.4 Hospital (S) Public and private schools for School, nonpublic (S) elementary, intermediate and high school education. 11 Fort Collins f� Attachment 4 Can you explain the difference between Urban Estate (UE) and Farming (FA-1)? Below is a comparative chart of what is allowed in each district. If the use is not listed in the following chart it could be added through a process outlined in the City of Fort Collins Land Use Code under 1.3.4 Addition of Permitted Use. The conditions in which the added use would be appropriate are outlined under 1.3.4(C) Procedures and Required Findings. Agriculture Urban Estate (UE) Animal boarding (limited to farm/large animals). Farming (FA-1) Agricultural labor housing (S) Apiary (R) Commercial poultry farm (S) Equestrian operation (PSP/MS/ S)—See section 4.3.1 Farm (R) Feedyard(S) Fur farm (S) Garden supply center (S) Permitted - See Greenhouse (R) Commercial/Retail Livestock veterinary clinic/hospital (MS/ S)—See section 4.3.1 Packing facility (R) Permitted - See Pet animal facility (MS/ S)— Commercial/Retail See section 4.3.1 10 Pet animal veterinary clinic/hospital (MS/ S)—See section 4.3.1 City 0f FoCollins Attachment 4 How will our property taxes change? Property taxes will go down after being annexed into the City of Fort Collins. Below is a comparison of tax -rates between that the City of Fort Collins and Larimer County. Mill Levy:4 Poudre R-1 General Fund Larimer County Poudre R-1 Bond Payment Poudre Valley Fire District Fort Collinss I Poudre River Public Library District Wealth District of North Larimer County Fort Collins — Loveland Water Northern Colorado Water Conservation District Larimer County Pest Control District SUBTOTAL South Fort Collins Sanitation District6 I TOTAL 39.558 21.882 13.072 9.797 3.016 2.167 1.500 1.000 0.142 92.134 0.476 92.610 39.558 21.882 13.072 10.595 3.016 2.167 1.500 1.000 0.142 92.932 0.476 93.408 " The mill levy is the "tax rate" that is applied to the assessed value of a property in order to fund a variety of services. One mill is one dollar per $1,000 dollars of assessed valuation. (0.001) s The County's Poudre Fire District Mill Levy is replaced by the City of Fort Collins upon Annexation. The Fort Collins Mill Levy is lower by 0.748 Mill. 6 South Fort Collins Sanitation District Mill only applies if property is served by the South Fort Collins Sanitation District and not to those served by septic. 0 Fort Collins Attachment 4 What if I'm a legal existing use in Larimer County but not in the City of Fort Collins? Legal existing uses are grandfathered-in however if the nonconforming use is discontinued for 12 consecutive months the nonconforming use is then considered "abandoned" and will not be able to continue. To find more information on nonconforming uses and structures visit Division 1.5 in the City of Fort Collins Land Use Code. https://www.municode.com/library/co/fort collins/codes/land use What if my property is on septic? How will being part of the City of Fort Collins impact me? The City of Fort Collins does not regulate or enforce regulations on septic systems. Septic Systems are solely regulated by Larimer County Department of Health and Environment. For Septic Systems please contact the Larimer County Health Department by phone at (970) 498-6700 or visit http://www.co.larimer.co.us/health/ehs/isds.asp. Will my water or wastewater services change as a result of the annexation? No. The City of Fort Collins does not take over any other utility service except electric. Annexed properties will continue to be served by Fort Collins Loveland Water District and South Fort Collins Sanitation District (if not currently on septic). For Water and Sewer, please contact the Fort Collins Loveland Water District and the South Fort Collins Sanitation District both of which can be contacted by phone at (970) 226-3104 or visit http://www.fclwd.com/contact/. 9 LI ity o: Attachment 4 tf Will the school boundaries change and if so who is responsible for that change? The City of Fort Collins is not involved in determining school boundaries. This is the sole responsibility of the Poudre School District. According to the Poudre School District's Long Range Planning: Boundary Committee they often recommend "clean-up" of boundaries that have little to no student impact and include modifications like adjusting boundary lines such that they do no bisect fields or lots, adjusting boundary lines to follow the mid -line of roads as opposed to bisecting properties, etc. Ultimately the responsibility of changing school district lines start as a recommendation from the Boundary Committee then is approved by the Superintendent and Colorado Board of Education. In the Poudre School District's 2015 Majority and Minority Reports it shows proposed changes to the Kruse Elementary School / Werner Elementary School — Middle School and High School Boundary that will impact 0 students. What are some of the upsides of being annexed into the City of Fort Collins? • Faster police response time • Voting for a Mayor and Council Member (District 3) • Less Expensive Electric Rates • Urban level services • Neighborhood Services (http://www.fcgov.com/neighborhoodservicesl) • Rebates through energy audit programs (i.e., Solar Installation Incentives) Though these are just a few advantages of being part of the City it is not an exhaustive list. Please visit our website at http://Www.fc.gov.comlto find out more. How many horses per acre are you allowed to have in the City as compared to the County? Municipal Code Section 4-72. - Minimum size of pasture area for horses or ponies. Horses or ponies may be kept for the use of occupants of a lot and their guests provided that at least one-half ('/z) acre of pasture area is available for each horse or pony. Horses per Acre % Acre / Horse % Acre / Horse3 3 If the number of horses on the property exceeds one horse per one-half acre, minor special review approval is required unless the chart and formula indicate that special review approval is required. 7 Fort Collins /s a wood burning stove permitted inside the City of Fort Collins? City Code for Wood Burning Attachment 4 Only wood burning units certified by the U.S. Environmental Protection Agency (EPA) may be installed in Fort Collins. Only clean, dry, untreated wood may be burned in a wood stove or fireplace. "Pellets" burned in pellet stoves and manufactured fire logs such as DuraFlame burned in a fireplace are acceptable. Burning of garbage and treated wood is prohibited. After the first 15-minutes of start-up, smoke from the chimney must be at or less than 20% opacity (smoke should be barely visible looking at it with your back to the sun). Violation of City Code can result in a summons to appear in municipal court resulting in a fine of up to $1,000 and 180 days in jail. Will the tax on our phone bill change? According to the Colorado Department of Revenue the only taxes that will exist on mobile service will be E911 1.4% surcharge and a 9.44% Colorado State Wireless Tax. What is the difference between City sales tax and County sales tax? Tax Rates effective January 1, 2015: State of Colorado 2.9 % Larimer County 0.65% Total Sales Tax (LarimerCounty) 3.55% City of Fort Collins 3.85% 3.85% Tax includes • 2.25% Base Rate Total Sales Tax (City of Fort Collins) 7.40% • .25% Community Capital Improvement Program (Expires 2025) • .25% Street Maintenance Fort Collins Lodging Tax (in addition to above) 3.0% Total Accommodations Tax 10.40% (Expires 2025) Fort Collins Tax on Food For Home Consumption (contact State of Colorado regarding taxability) 2.25% • .25% Open Space (Expires 2030). • .85%Keep Fort Collins Great (Expires 2020) Total Food Tax 2.25% 0 City of rF&I Collins Attachment 4 How will the assessor determine the value of our property? According the Assessor's office: The County Assessor is responsible for valuing all real and personal property, including mobile homes, residential and commercial properties and agricultural land for property tax purposes. The Assessor determines the equitable value of property to ensure that each taxpayer pays only his or her fair share of the taxes. Anyone who disagrees with changes in the actual value of real property can object or file a protest with the Assessor in May. Protests for Commercial Business Personal Property accounts should be filed with the Assessor between June 15 and July 5. 2015/2016 Reappraisal Cycle Colorado property tax law requires assessors to conduct countywide reappraisals every two years in odd -numbered years, and that a specific date, June 30th of the year preceding the reappraisal year, be used to benchmark all property values throughout the state. The benchmark, or "level of value", for this reappraisal cycle is June 30, 2014. For the 2015/2016 reappraisal cycle Larimer County is using 60 months of data. That means our sales study period extends from July 1, 2009 through June 30, 2014. All sales are trended up or down to the level of value date, June 30, 2014, depending on market factors in the different areas of Larimer County. For 2016, only owners that saw a change in value or ownership from the previous year were mailed a notice with the new value and have the option to protest online. The majority of property values do not change in even numbered years because Colorado is on a two year reappraisal cycle. If you do not have the Notice of Value you may complete and mail a 2015 Protest Form to our office no later than June 1, 2016. Protests can also be filed in person, by letter or fax. We cannot accept appeals sent in by email or taken over the phone. Properties that are appealed during our protest period will be reviewed and a Notice of Determination will be sent to those property owners on June 30, 2016. If you are satisfied with the value after this review, the process ends and your tax will be based on the value reflected in the notice of determination. If you disagree with the Assessor's decision, the next step will be to file an appeal with the County Board of Equalization. More details will be provided in the Notice of Determination that will be sent June 30, 2016. A Fort Collins Attachment 4 f� Formula for Estimated Monthly Rates: Single-family Lots Under 12,000 Square Feet Monthly Rate = Lot Size x $0.0041454 x Rate Factor Single-family Lots Over 12,000 Square Feet* Monthly Rate = 12,000 x $0.0043527 x Rate Factor plus (Lot Size - 12,000) x $0.0043527 x Rate Factor x 0.25 *These lots receive a reduction in fees on that portion of the lot greater than 12,000 feet. Rate Factor Table: 2 See table on next page. 4 ccy of Attachment 4 Fort Collins In 1988, the various REA's in Colorado had a state statute approved by the legislature requiring municipal electric utilities to pay what is called a "service rights fee" to the local REA when provision of electric service is changed. This statute requires municipal electric utilities that transfer electric service after an annexation to pay the local REA 25% of all revenue from existing customers (5% for new customers) starting on the date of electric transfer for a period of 10 years. The REA perspective is this pays for their lost revenue. The municipal utility perspective is it is an attempt to discourage transferring electric customers to the municipal utility. Some municipal utilities in Colorado choose to absorb the service rights fee. Fort Collins Light & Power, at the direction of City Council, passes this expense on to the transferred customers. Fort Collins Light & Power also purchases the REA infrastructure in addition to the service rights fee. This infrastructure purchase cost is not passed on to the annexed customers. What other fees or taxes should I know about? Stormwater Fee: Fort Collins Utilities charges a monthly rate to pay for construction and maintenance of Fort Collins' stormwater system, which helps protect residents and businesses during storms and floods on a city-wide basis. All developed properties within city limits pay stormwater rates, which are based on: Example: Lot 1 2224 Kechter Road 100,188 (2.3 5443 $37 Acres) Lot 2 2220 Kechter Road 107,158 (2.46 4421 $38 -- ..----- - ---- Acres) Formula: Lot Size - lot area in square feet, plus the customer's share of open space in the development, if applicable Base Rate - $0.00 Rate Factor - based on the percentage of impervious area (surfaces that do not absorb water) such as buildings, parking lots and concrete This is an estimated fee based on 2017 rates. A stormwater fee specialist will be able to calculate the exact fees. 3 C'ty as Fort Collins Attachment 4 Can you give us a recent example of an enclave annexation? Yes, there were four Southwest Enclave Annexations totally 1,603 acres that were phased in over time and were adopted by City Council between 2006 and 2013. Does Larimer County have anything to say about enclave annexations? Yes, Larimer County encourages the cities of Fort Collins, Loveland, Berthoud and Estes Park to annex properties that have become enclaves and have been surrounded by no less than three years. The City of Fort Collins and Larimer County have entered into an Intergovernmental Agreement (I.G.A.) that establishes a Growth Management Area (G.M.A.). Within this G.M.A., the City and County have agreed that growth and development should be at an urban level and that the City, and/or special districts, is best able to provide an urban level of public services. Under the I.G.A., with regard to land located within the G.M.A., the City has agreed to pursue the annexation of enclaves as those areas become eligible according to state law. What about City zoning? The requested zoning districts for these annexations comply with the City's Structure Plan Map, an element of the City's comprehensive plan, and are as follows: Rennat Property — Low Density Mixed -Use Neighborhood, LMN; Medium Density Mixed -Use Neighborhood, MMN; and Neighborhood Commercial, NC. Lehman / Timberline — Urban Estate, U-E. Mail Creek Second — Urban Estate, U-E. How long will the annexation process take? Typically an annexation process takes between 3 and 4 months once the annexation process is initiated. Why make us a pay an electric surcharge when we the City of Fort Collins is annexing us unwillingly? There is a Colorado statute that requires annexing utilities, such as Fort Collins Light & Power, to pay to the REA 25% of revenue every month for a period of 10 years after the electric service is transferred (not from the date of annexation). Each customer's rate will be based on the normal Light & Power rates + this 25%. At the end of the 10 year period, the REA surcharge is discontinued. Even with the 25% adder, the Fort Collins Light & Power residential rates are less than the Poudre Valley REA rates for most classes of customers. Background: E City of /_i�o`� nS Attachment 4 November 15, 2016 Enclave Annexation Outreach Summary Question and Answers What is an enclave? An enclave is a property, or group of properties, that are located in unincorporated Larimer County but, due to urban growth and development over time, are now surrounded by the City of Fort Collins municipal boundary. How is it that our properties became enclaves? The properties in the vicinity of South Timberline Road and Kechter Road have been divided into three separate enclave annexations and have become, or will soon become, enclaves in the following manner: Rennat Property: This is a single 57.834 acre parcel located between Timberline Road and the Union Pacific Railroad. As a result of the Hansen Farm Annexation, this parcel became an eligible enclave on May 21, 2013. Lehman/Timberline Property: This is a single 5.684 acre City -owned parcel located east of Timberline Road north of Bacon Elementary School, As a result of the Mail Creek Crossing Annexation, this parcel will fulfill the three- year statutory requirements on January 7, 2017. Mail Creek Second Annexation Properties: This is an enclave that consists of 43.698 acres and 11 parcels located at the northeast and southeast corners of Timberline Road and Kechter Road with the exception of the parcels owned by the Jehovah's Witnesses Church and the Thorland Subdivision, which are already part of the City of Fort Collins. As a result of the Mail Creek Crossing Annexation, these properties will fulfill the three-year statutory requirements on January 7, 2017. What is an enclave annexation? An enclave annexation is a growth management technique used by municipalities that allows Cities and Towns to establish a unified jurisdiction that does not have pockets of unincorporated land. After an enclave is created, three years must elapse before the City or Town can annex the property or multiple properties. Is it normal for the City of Fort Collins to annex properties after the three year period? Yes, it has long been the City's practice to annex enclaves after three years. Lehman -Timberline Structure Plan Attac� .�1......—..L..._.._L—......_.._.._.._... —IWILLOW r: `< KECHTER RDA „�„—„�, E COUNTY ROAD 36 SPRINGS WAY- 0 m _ _ _ A � T"A COPPER - CO LCT MILL LN h ' U S CT OLD PAC\F\G - — — FARM rn� p� Q, VIEW DR O� U� w KADEN�� w IL Q. 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MaM brx'I, rMlatt or mnwTnnlrtlwlsM1nex a mynlea Xwn hM rraygW Wry II•ur II4H W eM anmweMy Legend — — i City Limits Water ® Lehman Timberline Printed: November 21, 2016 Pellr', 61CCN81PYnnlnplLurrenl PYmMlpNnmetlmerLeXmeniArrbelllm TI1VbIrWElay nr. it Agenda Item 5 Findings of Fact/Conclusion: In evaluating the request for the Lehman -Timberline Annexation and Zoning, Staff makes the following findings of fact: 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 amended Larimer County and Cityof Fort Collins IntergovernmentalAgreements. 2. The area meets the eligibility requirements included in State law to qualify for a involuntary annexation to the City of Fort Collins. 3. The requested zone districts, Low Density Mixed -Use Neighborhood are in compliance with the City of Fort Collins Structure Plan, the Fossil Creek Reservoir Area Plan, and with the policies of the City's Comprehensive Plan. ATTACHMENTS 1. Vicinity Map (PDF) 2. Zoning Map (PDF) 3. Structure Plan Map (PDF) 4. Outreach Q&A (DOCX) 5. February 6, 2017 Conceptual Site Plan (DOCX) Item # 5 Page 3 Agenda Item 5 The property became an enclave upon annexation of the Mail Creek Crossing Annexation on January 17, 2014. The surrounding incorporated land consists of three previous annexations. 1. Hansen Farm Annexation, 2013 2. Liebl Annexation, 2004 3. Poudre School District and Timbers P.U.D. Annexation, 2002 Mail Creek Ditch borders the 5.684 site to the north, Bacon Elementary School to the south and S Timberline Rd to the west. The property contains one single-family residence, owned by the City of Fort Collins. The requested zoning for this annexation is Low Density Mixed -Use Neighborhood (LMN), which is consistent with the City of Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan. The existing use of the site is single-family detached residential. The LMN district allows for myriad uses subject to Basic Development Review (BDR), Administrative review, or Planning and Zoning Board review. The Land Use Code describes this zone district as follows: LMN Purpose: The Low Density Mixed -Use Neighborhood District is intended to be a setting for a predominance of low -density housing combined with complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by the pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the small neighborhood parks. Any new development in this District shall be arranged to form part of an individual neighborhood. Typically, Low Density Neighborhoods will be clustered around and integral with a Medium Density Mixed -Use Neighborhood with a Neighborhood Commercial Center at its core. For the purposes of this Division, a neighborhood shall be considered to consist of approximately eighty (80) to one hundred sixty (160) acres, with its edges typically consisting of major streets, drainageways, irrigation ditches, railroad tracks and other major physical features. In terms of potential development, on January 20, 2017 the parcel was submitted for Conceptual Review by the City of Fort Collins Parks Department. Attachment 4 shows a preliminary concept plan with a proposal to convert the existing single-family residence into a community facility for the storage of maintenance equipment during the construction of Twin Silo Community Park. It is important to note that land development is not related to the annexation and zoning. Public Outreach: An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code. However, on November 15, 2016, City staff held a stakeholder meeting to answer questions and inform residents of any changes that may result from being annexed into the City. Representatives from Planning and Light and Power were present to explain any potential difference in electrical rates, services, zoning and future public improvements. Attachment 5 is a summary of the questions and answers provided to residents who attended the meeting. Item # 5 Page 2 Agenda Item 5 PROJECT NAME LEHMAN-TIMBERLINE ANNEXATION AND ZONING — ANX160006 STAFF Kai Kleer, Planning Technician Ted Shepard, Chief Planner PROJECT INFORMATION PROJECT This is a City -initiated request to annex and zone 5.684-acre parcel DESCRIPTION: (#8608253901) at 5830 South Timberline Road into the City of Fort Collins. The parcel became an enclave with the annexation of the Mail Creek Crossing Annexation on January 17, 2014. As of January 17, 2017, the City became authorized to annex the enclave in accordance with State Statute 31-12-106. This parcel is located between Mail Creek Ditch and Bacon Elementary School. APPLICANT: City of Fort Collins c/o Community Development and Neighborhood Services RECOMMENDATION: Staff recommends adoption of the Lehman -Timberline Annexation and Zoning EXECUTIVE SUMMARY Background: The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Use North Urban Estate (UE) Single -Family Residential South Low Density Mixed -Use Neighborhood (LMN) Elementary School, Residential Condominium East Low Density Mixed -Use Neighborhood (LMN) Single Family Residential West Medium Density Mixed -Use Neighborhood (MMN) Agriculture, Single Family Residential Item # 5 Page 1