HomeMy WebLinkAboutMAIL CREEK CROSSING - SECOND ANNEXATION & ZONING (ENCLAVE) - ANX160007 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSof
Fort° Collins
How are items not on this list going to be addressed (thing that are permitted in Larimer County), we
cannot think of everything we want or plan to do, but if they differ from what Larimer County allows,
then we are affected.
Please feel free to contact any of the following:
• Ted Shepard, Chief Planner, 221-6343. tshepard@fcgov.com
• Kai Kleer, City Planner, 416-4284. kkleer@fcgov.com
• Noah Beals, Senior City Planner/Zoning, 416-2313. nbeals@fcgov.com
Any of the three of us are available to meet to discuss these topics in depth.
In addition, you are welcome to visit the City's website at http://www. fcgov.com. The search box at the
top of the page allows you to enter a key word and the appropriate information will be provided. For
example, you may enter words, such as "drones, "'fireworks, " "home office."
For questions that require more than a word search would provide, please feel free to avail yourself of
'Access Fort Collins. " This online feature allows for a quick response to questions, or to provide
comments or to make a specific request for service from any department. The website address is
fcgov.com/accessfortcollins. This feature is also available as a download as a free mobile app.
We hope this report answers your questions. Please let us know if you need any further clarification or
information on any of the various topics related to annexation.
12
City of
Fort Collins
11
City of
�rt� C`lh
must be no taller than 4'. Additional information about standards can be found under section 3.8.11 of
the City of Fort Collins Land Use Code.
Build an extended family dwelling or second house/guest house for mother-in-law, this may be
considered an accessory living area since the residence either will be temporary or will exchange
residency for services for our property/farm.
In the County, no parcel can be used for more than one principal building. Additional buildings on a
parcel are allowed only if they meet the requirements for an `Accessory Living Area. " This is a detached
structure and the size is capped at 40% of the square footage of the primary single family dwelling,
excluding any garage or basement (whether finished or not), or capped at 800 square feet, whichever is
less. This Accessory Living Area cannot be separately rented out or conveyed to a party different from
the principal dwelling and can only be used by guests or caretakers. One additional parking space is
required. The review process is at the administrative staff level with notice to surrounding property
owners. The County Planning Department emphasizes that the water and sewer districts would require
new taps. Both taps, combined, would currently cost approximately $38,884, subject to any
adjustments made by the two special districts.
In the City, under Urban Estate zoning, separate single-family detached and attached dwellings must
be on their own individual lot. A two-family dwelling (duplex) may be on one lot. The minimum lot size is
one-half acre. Alternatively, the maximum allowable density (3 acres x 2 = 6 units) could be clustered
on one-half of the lot (1.5 acres) with the remaining half preserved as open space. The review process
for platting additional lots is as follows:
• A single one-half acre lot is reviewed by staff with notice to the surrounding property owners;
• Platting up to six one-half acre lots is considered in a public hearing by the Hearing Officer with
notice to surrounding property owners.
• A cluster plan of up to six lots would be considered by the Planning and Zoning Board with
notice to surrounding property owners.
• New water and sewer services would be required and continue to be provided by the two
Districts.
Bury our horses in our pasture when the unfortunate time comes.
Upon annexation, and at the unfortunate time of passing, the City requires that animals be removed
from the City and buried at the sanitary landfill or cremated.
Fly drones in our back yard/pasture.
Drones are not regulated by the City of Fort Collins.
Install solar panels and/or wind generator (either on the roof or in the pasture ground mounted)
Solar and wind electricity generation are permitted in the City of Fort Collins. You can find out more
about the City's current solar rebates by visiting
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city of
Fort Collins
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if you are currently using your property as a horse keeping facility in accordance with the regulations as
outlined by the County, such use will be grandfathered in when you become part of the City of Fort
Collins
Signs/advertisement larger than 4x4 or flags for advertisement of home occupation
The City requires that no exterior advertising other than identification of the home occupation on site. in
the Urban Estate zone district the sign must not exceed two square feet in area per face.
Store our horse trailers, utility trailers, boats, .equipment, etc.
The basic rule is that you get to continue any activity in the City that you are currently doing in the
County as long what you are doing in the County is legal under all relevant County Codes.
Regulations in regards to outdoor storage of horse trailers, upon annexation, will continue to be subject
to Larimer County regulations as follows:
a. Only those trailers that are for use by owners of the property and/or boarded horses may be
stored.
b. No more than one trailer per horse residing on the property is allowed.
c. All horse trailers shall be licensed and operable.
Store others' horse trailers, utility trailers, boats, equipment, etc.
The basic rule is that you get to continue any activity in the City that you are currently doing in the
County as long what you are doing in the County is legal under all relevant County Codes. With regard
to storing utility trailers, boats, equipment, etc., it sounds like you have an informal arrangement among
friends and not a land use per se. The assumption is that you do not have an outside storage business
that is open to the public where customers from the public can contract with you for outside storage
services.
5. THINGS WE PLAN TO DO IN THE FUTURE:
Build more outbuildings for storage, horse shelters, etc. (accessory buildings). FA-1 we are allowed
10% of the lot's net area (3.01 ac = 131,115sgft x 10% = 13,111 sqft), and I believe the city zone UE
only allows 2500sgft total.
This standard was written based on the minimum required lot size in the Urban Estate zone district - .5
acre. The standard was not written based on larger parcels that have recently annexed into the City
that were originally platted in the County. A request for a new out -building greater than 2,500 square
feet would be processed by the Zoning Department and would require a variance to be submitted to the
Zoning Board of Appeals. One of the review criteria that the ZB.A. may consider is whether or not the
proposal will not diverge from the standards of the Land Use Code except in a nominal, inconsequential
way when considered in the context of the neighborhood, In similar situations, where the area is
characterized by lots larger than one-half acre, variances have been granted.
Replace the fence around our property including on Timberline with a 6' fence/block wall.
The fence running along the side and rear yard is permitted as long as it is no more than 6' in height.
Any fence in front of the front building line (typically the area between the front of the house and street)
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of
City Collins
Have multiple goats as pets
If you currently have multiple goats as pets, and keeping these goats is legally permitted in Larimer
County, they will be grandfathered once you become part of the City of Fort Collins.
In the event that you discontinue having multiple goats as pets for a period of more than 12 months (a
code revision is coming in April 2017 to extend this period to 24 months), you will be required to comply
with the City of Fort Collins goat regulations.
For your information, in the Urban Estate zone district, you are allowed:
• Two pygmy or dwarf goats, plus any number of their offspring younger than twelve (12) weeks,
may be kept. The keeping of just one (1) pygmy or dwarf goat is prohibited. Only female or
altered male Nigerian Dwarf or African Pygmy breeds of goats are permitted. No bucks or other
breeds are allowed.
Please note that the City Code includes regulations regarding permits from the Humane Society, goats
must be on the rear of the property, and that there is proper cover that is predator -resistance. In
addition, goats must have access to an outdoor enclosure that is at least 150 square feet per goat in
size and that they are in a closed shelter from dusk to dawn. These regulations are found in Chapter 4,
Article 11 of the City Code. Upon Annexation, should the need arise, these regulations are enforceable.
Brush burning (with approval from the fire department).
Brush Burning Permits are issued in the County by the Poudre Fire Authority subject to any restrictions
related to air quality by the County Health Department. In the City, however, Poudre Fire Authority does
not issue Brush Burning Permits.
Horse boarding (FA-1 allows up to four boarded horses on lots ten acres or less.)
Animal Boarding is permitted under the Urban Estate zone district and if your property is currently being
used as a Horse boarding facility it would be grandfathered in under the same regulations that are
required by the County. Just as in the County, the City also requires a minimum horse pasture that is
no less than one-half acre per horse.
Home office
A Home Occupation is a permitted accessory use provided the conditions outlined under 3.8.3 of the
City's Land Use Code. A Home Occupation License is required from the Zoning Department, costs
$25.00 and is valid for two years.
Running a business from the home (multiple home occupations)
A Home Occupation is a permitted accessory use provided the conditions outlined under 3.8.3 of the
City's Land Use Code along with the aforementioned License.
Pony/Horse lessons/camp (FA-1 allows up to 15 weekly trainee visits and In lieu of a boarded horse,
two equestrian trainee visits are allowed during a week. In no case, shall the number of weekly
equestrian trainee visits exceed 55.)
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City of
Fort Collins
4. THINGS WE CURRENTLY USE/DO ON OUR PROPERTY FULL TIME OR OCCASIONALLY AS BEING IN THE
COUNTY (WITH PRIOR APPROVAL
Ride dirt bikes in our pasture.
The use of dirt bikes on private property is not prohibited in the City of Fort Collins.
Target practice in our pasture safely (guns and crossbows)
Although the discharge of firearms is permitted in most areas of the County, it will not be permitted in
the City of Fort Collins. According to Municipal Code 17-101, no person shall discharge, fire or shoot
any gun, pistol, crossbow, bow and arrow, slingshot or other firearm or weapon whatsoever, including
BB guns or pellet guns.
Fireworks (annual tradition as it is allowed in the County, the legal type of fireworks)
In the County, while fireworks are not prohibited, they may be temporarily banned due to the threat of
wildfire. The use of fireworks is prohibited within the City of Fort Collins unless a special permit is
acquired.
Breed ponies/horses
If you are currently using your property for breeding ponies and horses and are permitted by the
County, it will be grandfathered into the City of Fort Collins.
Hot wire around pasture/fence line
Electric fences are permitted in the Urban Estate zone district.
Chickens and roosters, sell eggs
If you currently have chickens and roosters, sell eggs and it is legally permitted in Larimer County, they
will be grandfathered in once you become part of the City of Fort Collins.
In the City, you are allowed to have up to eight hens, but no roosters.
In the event that you discontinue having more than 8 chickens and any roosters, and egg sales for a
period of more than 12 months (a code revision is coming in April 2017 to extend this period to 24
months), you will be required to comply with the following City of Fort Collins animal regulations which
allow:.
• May keep up to 8 chicken hens
• No roosters
• Egg sales from your personal hens are considered incidental and may continue in the City.
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,�rt`l s
3. WILL WE BE EXEMPT (GRANDFATHERED IN) FOR BARN CAT OR HOUSE -PET CAT LICENSES FROM
ANIMAL CONTROL (THIS IS NOT REQUIRED NOW)?
No. You will be required to register your cat. The cities of Fort Collins, Wellington and Loveland require
all cats and dogs be registered. Larimer County and Timnath require the registration of dogs only.
Registration is simple. Simply provide proof that your pet's rabies shots are current, complete the
application and provide the required fee(s).
Fees are as follows:
• Animals 4 months to one year of age: $12.00
• Animals 1 year and older, spayed or neutered: $12.00
• Animals 1 year and older, not spayed or neutered: $35.00
Fees for Senior Citizen pet guardians (age 62 and older):
• Animals under one year of age: $5.00
• Animals 1 year and older, spayed or neutered: $5.00
• Animals 1 year and older not spayed or neutered: $35.00
Optional Cat Licensing Where Not Required: $5.00. Larimer County and Timnath residents may elect to
purchase a voluntary Cat License for $5.00. Replacement tags are $2.50.
For more information you can contact the Larimer County Humane Society at (970) 226-3647 extension
201 or visit www.larimerhumane.org
In general, while the quantity of cats that are allowed under current and relevant County Codes will also
be allowed in the City, please note that City Code includes sections regarding the aforementioned
licenses as well as rabies control, animal bites and confinement, care and treatment, removal of waste,
and the like. These regulations are found in Chapter 4, Article 11 of the City Code. Upon Annexation,
should the need arise, these regulations are enforceable.
Will we have to pay storm water fees before a curb/sidewalk is built in front of our property (this is not
required now)? How much is it and when?
Yes. Stoonwater monthly fees will be assessed as soon as the property is annexed into the City of Fort
Collins (10 days after Second Reading). The fee is based on the intensity of land use and the
calculated impervious surface of the site (i.e., concrete driveway and total rooftop area). These monthly
fees are a component of the Fort Collins Utilities monthly Utility Bill.
For larger parcels (larger than a typical urban lot), the Stormwater Utility provides an adjustment factor
so that the entire acreage is not assessed. This factor usually reduces the total lot size to
approximately one-half acre. Please feel free to contact Jill White, Utility Fee/Rate Specialist, 416-
2139, who is familiar with working with recently annexed property owners who have
small acreages that exceed the average residential lot in the City.
A
City of
Fort Collins
2. WHICH OF THESE COMPANIES CHARGE FORT COLLINS CITY TAX (IF ANY DO THAT MEANS OUR BILLS WILL
INCREASE)?
Xcel Energy
If you heat with natural gas and not propane, then Xce/ Energy will continue to be your utility provider
and the City's sales tax of 3.85% will be assessed.
Verizon Wireless
Yes, a local tax of 3.85% will be applied.to each bill.
Comcast
Yes, a local tax of 3.85% will be applied to each bill.
Fort Collins Municipal Electric
Yes, since parcels annexed into the City will be converted from R.E.A. to Fort Collins Utilities, the City's
tax of 3.85% will be applied to each bill.
Fort Collins Loveland Water District
No, the City's sales tax is not assessed to the Fort Collins Loveland Water District.
South Fort Collins Sanitation District
No, the City's sales tax is not assessed to the South Fort Collins Sanitation District.
A
City of
176rt Collins
Industrial
Commercial/Retail
Accessory/Miscellaneous
Radio and television transmitters Wireless telecommunication
(S) equipment.
Farming (FA-1)
Farming (FA-1)
Garden supply center (S),
Greenhouse (R)
Urban Estate (UE)
Resource extraction, processes
and sales.
Composting facilities.
Small-scale and medium -scale
solar energy systems.
Urban Estate (UE)
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/elderly care center (S) Child care centers
Small-scale reception centers.
Farming (FA-1) Urban Estate (UE)
Accessory buildings containing
more than two thousand five
hundred (2,500) square feet or
floor area.
Radio and television transmitters
(S)
Farm (R)
Wireless telecommunication
equipment.
Farm animals.
4
Form of
school education.
State -licensed group home (S)
Country club (S)
Golf course (S) Golf courses.
Membership club (S
Shooting range (S)
Accommodation Farming (FA-1)
Bed and breakfast (MS/S)—
See section 4.3.6
Seasonal camp (S)
Mining (S)
Oil and gas drilling and production
(R)
Small solar facility (R/PSP)
Small wind energy facility (MS)
Wildlife rescue and education
centers.
Minor public facilities.
Parks, recreation and other open
lands, except neighborhood parks
as defined by the Parks and
Recreation Policy Plan.
Urban Estate (UE)
Bed and breakfast establishments
with no more than six (6) beds
Resource extraction, processes
and sales.
Small-scale and medium -scale
solar energy systems.
Utilities Farming (FA-1) Urban Estate (UE)
Commercial mobile radio service
(SP/
S) -See section 16
3
,��rt�Collins
Use Larimer County
City of Fort Collins
Tree farm (R)
Urban Agriculture
Residential Farming (FA-1)
Urban Estate (UE)
Dwelling, cabin (R)—See section
4.3.2
Group home for the aged (R)
Group homes for up to eight (8)
developmentally disabled or
elderly persons.
Group home (R)
Group homes for up to eight (8)
developmentally disabled or
elderly persons.
Group home for the mentally ill (R)
Group homes for up to eight (8)
developmentally disabled or
elderly persons.
Single Family Dwelling
Single-family detached dwellings.
Storage buildings and garages
(R)—See section 4.3.2
Duplexes
Residential cluster developments.
Single-family attached dwellings.
Institutional Farming (FA-1)
Urban Estate (UE)
Cemetery (S)
Cemeteries.
Child/elderly care center (S)
Child care centers
Church (MS/S) See section 4.3—
Places of worship or assembly.
See section 4.3.4
Community hall (MS/S)—See
section 4.3.4
Hospital (S)
School, nonpublic (S)
Public and private schools for
elementary, intermediate and high
City of
'"Fort
1. WE WOULD LIKE A COMPARISON OF WHAT IS PERMITTED IN LARIMER COUNTY VS. WHAT IS PERMITTED IN
THE CITY OF FORT COLLINS.
Please see the table below.
Agriculture Farming (FA-1) Urban Estate (UE)
Agricultural labor housing (S)
Apiary (R)
Commercial poultry farm (S)
Equestrian operation (PSP/MS/
S)—See section 4.3.1
Farm (R)
Feedyard (S)
Furfarm (S)
Garden supply center (S)
Greenhouse (R)
Livestock veterinary clinic/hospital
(MS/ S)—See section 4.3.1
Packing facility (R)
Pet animal facility (MS/ S)—See
section 4.3.1
Pet animal veterinary
clinic/hospital (MS/ S)—See
section 4.3.1
Sod farm, nursery (R)
Animal boarding (limited to
farm/large animals).
Urban Agriculture
See Footnote'
Plant nurseries and greenhouses
Animal boarding (limited to
farm/large animals).
Urban Agriculture
' Plant nursery and greenhouse shall mean any land or structure used primarily to raise trees, shrubs, flowers or
other plants for sale or for transplanting and may include the sale of nonliving landscape and decorating products.
1
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Agenda Item 6
ATTACHMENTS
1. Vicinity Map (PDF)
2. Zoning Map (PDF)
3. Structure Plan Map (PDF)
4. Outreach O&A (DOCX)
Item # 6 Page 4
Agenda Item 6
The enclaved portion south of Kechter Road is located in the receiving area of the County's 1999
Transfer of Density Units (TDU) program. The program is a land management strategy that established
"receiving" and "sending" areas in the Fossil Creek Reservoir, planning area. The TDU Program allowed
developers to purchase density credits from strategic sending areas and encourage reduced density
within the Fort Collins -Loveland Community Separator area and important natural resource lands
surrounding the Fossil Creek Reservoir area. Presently, the TDU Receiving Area is mostly built out, with
only a few small parcels remaining, including Homestead Estates, which is an existing platted
subdivision. Because of this, the City of Fort Collins has formally requested the conclusion of this
program for the affected parcels (see Attachment 5) and is waiting for future response from Larimer
County.
The requested zoning for this annexation is Urban Estate (UE), which is consistent with the City of Fort
Collins Structure Plan and the Fossil Creek Reservoir Area Plan. The existing use of the enclaved
parcels is single-family detached residential. The Urban Estate (UE) district allows for a limited number
of uses when compared to the Low Density Mixed -Use Neighborhood, zone district. Uses permitted in
the UE zone district are subject to Basic Development Review (BDR), Administrative review, or Planning
and Zoning Board review. The Land Use Code describes this zone district as follows:
UE Purpose: The Urban Estate District is intended to be a setting for a predominance of low -density
and large -lot housing. The main purposes of this District are to acknowledge the presence of the many
existing subdivisions which have developed in these uses that function as parts of the community and to
provide additional locations for similar development, typically in transitional locations between more
intense urban development and rural or open lands.
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 4 is a summary of the questions and
answers provided to residents who attended the meeting.
Findings of Fact/Conclusion:
In evaluating the request for the Lehman -Timberline Annexation and Zoning, Staff makes the following
findings of fact:
1. 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 Intergovernmental Agreements.
2. The area meets the eligibility requirements included in State law to qualify for an involuntary
annexation to the City of Fort Collins.
3. The requested zone district, Urban Estate (UE) is 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.
Item # 6 Page 3
Agenda Item 6
EXECUTIVE SUMMARY
This is an involuntary annexation for a property located within the Growth Management Area. The
project satisfies the requirements for involuntary annexation by being wholly surrounded by property
within the city limits and has been so for more than 3 years. The recommended zoning is based on the
Structure Plan and the Fossil Creek Reservoir Area Plan. The item is scheduled for first reading by City
Council on February 21, 2017.
Background:
The surrounding zoning and land uses are as follows:
Direction
Zone District
Existing Land Use
North
Low Density Residential (RL)
Single -Family Residential
South
Urban Estate (LIE), Low Density Mixed -Use
Neighborhood (LMN)
Single -Family Residential
East
Urban Estate (UE), Low Density Mixed -Use
Neighborhood (LMN)
Single Family Residential
West
Low Density Residential (RL), Low Density Mixed-
Use Neighborhood (LMN)
Agriculture, Single Family Residential
The property became an enclave upon annexation of the Mail Creek Crossing Annexation on January
17, 2014. The surrounding incorporated land consists of seven previous annexations.
1. South Harmony Annexation, 1986
2. Willow Springs Annexation, 1994
3. Liebl Annexation, 2004
4. Thorland Annexation No. 1, 2008
5. Thorland Annexation No. 2, 2008
6. Kechter Annexation No. 3, 2012
7. Kechter Crossing Annexation, 2012
Mail Creek Crossing Second Annexation is an 11-parcel enclave that was surrounded by the City of Fort
Collins upon the annexation of the Mail Creek Crossing Annexation on January 17, 2014. The enclave
annexation is located in southeast Fort Collins, abuts the east side of South Timberline Road and is
bisected by Kechter Road. Below is a list of the 11 parcels contained within the enclaved area.
Property Address
Parcel Number
Acres
5318 S Timberline Road
8605305004
3.01
5332 S Timberline Road
8605305003
2.29
5408 S Timberline Road
8605305002
2.29
5416 S Timberline Road
8605305001
2.26
5428 S Timberline Road
8605300005
3.00
2124 Kechter Road
8605300009
1.53
2200 Kechter Road
8605300014
2.46
2205 Kechter Road
8608000011
9.26
2217 Kechter Road
8608000014
5.94
5708 S Timberline Road
8608000009
8.03
5716 S Timberline Road
8608206701
2.30
Total
-42.37
Item # 6 Page 2
Agenda Item 6
PROJECT NAME
MAIL CREEK CROSSING SECOND ANNEXATION AND ZONING
STAFF
Kai Kleer, Planning Technician
Ted Shepard, Chief Planner
PROJECT INFORMATION
PROJECT DESCRIPTION: This is a City -initiated request to annex and zone 43.698-acre 11-parcel
enclave into the City of Fort Collins. The parcels 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. The enclaved parcels
abut the east side of South Timberline Road and are bisected by Kechter
Road.
APPLICANT: City of Fort Collins
c/o Community Development and Neighborhood Services
Address
Owner Name(s)
5318 S Timberline Rd
Eklund, Allen, Lisa
5332 S Timberline Rd
Reynolds, Jeffrey C., Catherina N.
5408 S Timberline Rd
Fischer, Shelly Ann
5416 S Timberline Rd
HPA Borrower 2016-2 LLC
5428 S Timberline Rd
Metcalf, Charlotte M., Olson Erik
2124 Kechter Rd
Cook, Helen L.
2200 Kechter Rd
Behrendt, Judith A
2205 Kechter Rd
Delgrande, Kenneth J.
Del rande, Stephanie A.
2217 Kechter Rd
Del rande, Kenneth J.
5708 S Timberline Rd
Pulse, Eugene B., Eileen D.
5716 S Timberline Rd
Klammer, Troy L., Tracey L.
RECOMMENDATION: Staff Recommends Approval of the Annexation and Zoning of Mail Creek
Crossing Second
Item # 6 Page 1