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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/21/2017 - FIRST READING OF ORDINANCE NO. 030, 2017, ANNEXINGAgenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY February 21, 2017 City Council STAFF Kai Kleer, Planning Technician Ted Shepard, Chief Planner SUBJECT First Reading of Ordinance No. 030, 2017, Annexing Property Known as the Mail Creek Crossing Second Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY The purpose of this item is to is to annex 43.698 acres, consisting of 11 parcels located in the southeast quadrant into the City of Fort Collins. The initiating resolution was adopted on January 17, 2017. The subject properties are located on the eastern edge of South Timberline Road and bisected by Kechter Road. A related item to zone the annexed properties is presented as the next item on this Agenda. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Enclave The Mail Creek Crossing Second property is an 11-parcel annexation that was enclaved upon the annexation of the Mail Creek Crossing Annexation on January 17, 2014. The remaining 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 Below is a list of the 11 parcels contained within the enclaved area. Property Owner(s) Property Address Acres Eklund, Allen, Lisa 5318 S Timberline Road 3.01 Reynolds, Jeffrey C., Catherina N. 5332 S Timberline Road 2.29 Fischer, Shelly Ann 5408 S Timberline Road 2.29 HPA Borrower 2016-2 LLC 5416 S Timberline Road 2.26 Agenda Item 11 Item # 11 Page 2 Metcalf, Charlotte M., Olson Erik 5428 S Timberline Road 3.00 Cook, Helen L. 2124 Kechter Road 1.53 Behrendt, Judith A 2200 Kechter Road 2.46 Delgrande, Kenneth J. Delgrande, Stephanie A. 2205 Kechter Road 9.26 Delgrande, Kenneth J. 2217 Kechter Road 5.94 Pulse, Eugene B., Eileen D. 5708 S Timberline Road 8.03 Klammer, Troy L., Tracey L. 5716 S Timberline Road 2.30 Total 42.37 Fossil Creek Reservoir Area Plan 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 (Attachment 5) and is waiting for future response from Larimer County. Due to its location, staff recommends placement into the Residential Neighborhood Sign District. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request on February 16, 2017. The Board’s recommendation will be provided in the Read-Before packet on February 21, 2017. PUBLIC OUTREACH An outreach process is not required by the 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 the Planning and Light and Power departments were present to explain any potential difference in electrical rates, services, zoning and various issues related to future public improvements associated with land development. Attachment 3 is a summary of the questions and answers provided to residents who attended the meeting. ATTACHMENTS 1. Vicinity Map (PDF) 2. Zoning Map (PDF) 3. Neighborhood Meeting Notes (PDF) 4. Structure Plan Map (PDF) SANDBAR CT P A C I FIC CT COASTAL CT R E D WIL L O W CT OLD FARM LN SPRUCE CREEK DR GLOBE CT KADE N W O O D D R KIOWA CREEKD R W ILLOW SP R INGS WAY C ROSS C R EEK D R CAN O P Y CT C OPPERVEI N ST W H ITE WI L L O RL LMN UE LMN UE LMN UE MMN SANDBAR CT P A C IFIC CT COASTAL CT R E D WIL L O W CT OLD FARM LN SPRUCE CREEK D R GLOBE CT KADE N W O O D D R KIOWA CREEKD R W ILLOW SP R INGS WAY C ROSS C R EEK D R CAN O P Y CT C OPPERVEI N ST 1 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. ATTACHMENT 3 2 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, L-M-N. • 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: 3 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: Address Estimated Lot SF Estimated Impervious Surface Estimated 2017 Monthly Fee1 Lot 1 2224 Kechter Road 100,188 (2.3 Acres) 5443 $37 Lot 2 2220 Kechter Road 107,158 (2.46 Acres) 4421 $38 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 2 - based on the percentage of impervious area (surfaces that do not absorb water) such as buildings, parking lots and concrete 1 This is an estimated fee based on 2017 rates. A stormwater fee specialist will be able to calculate the exact fees. 4 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: Rate Factor Percent of Impervious Area (based on land use) Rate Factor Category (based on land use) .25 0-.30 Very Light .4 .31 - .50 Light** .6 .51 - .70 Moderate .8 .71 - .90 Heavy .95 .91-1.0 Very Heavy **typical for residential 2 See table on next page. 5 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. 6 Is a wood burning stove permitted inside the City of Fort Collins? City Code for Wood Burning Only wood burning units certified by the U.S. Environmental Protection Agency (EPA) may be installed in Fort Collins. Only clean, dry, untreated wood may be burned in a wood stove or fireplace. "Pellets" burned in pellet stoves and manufactured fire logs such as DuraFlame burned in a fireplace are acceptable. Burning of garbage and treated wood is prohibited. After the first 15-minutes of start-up, smoke from the chimney must be at or less than 20% opacity (smoke should be barely visible looking at it with your back to the sun). Violation of City Code can result in a summons to appear in municipal court resulting in a fine of up to $1,000 and 180 days in jail. Will the 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 x 2.25% Base Rate x .25% Community Capital Improvement Program (Expires 2025) x .25% Street Maintenance (Expires 2025) x .25% Open Space (Expires 2030). x .85%Keep Fort Collins Great (Expires 2020) Total Sales Tax (City of Fort Collins) 7.40% Fort Collins Lodging Tax (in addition to above) 3.0% Total Accommodations Tax 10.40% Fort Collins Tax on Food For Home Consumption (contact State of Colorado regarding taxability) 2.25% Total Food Tax 2.25% 7 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? x Faster police response time x Voting for a Mayor and Council Member (District 3) x Less Expensive Electric Rates x Urban level services x Neighborhood Services (http://www.fcgov.com/neighborhoodservices/) x 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.fcgov.com/ to 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 (½) acre of pasture area is available for each horse or pony. City of Fort Collins Larimer County Horses per Acre ½ Acre / Horse ½ Acre / 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. 8 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 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 Tax Authority Fort Collins Larimer County Poudre R-1 General Fund 39.558 39.558 Larimer County 21.882 21.882 Poudre R-1 Bond Payment 13.072 13.072 Poudre Valley Fire District - 10.595 Fort Collins5 9.797 - Poudre River Public Library District 3.016 3.016 Health District of North Larimer County 2.167 2.167 Fort Collins – Loveland Water 1.500 1.500 Northern Colorado Water Conservation District 1.000 1.000 Larimer County Pest Control District 0.142 0.142 SUBTOTAL 92.134 92.932 South Fort Collins Sanitation District6 0.476 0.476 TOTAL 92.610 93.408 4 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) 5 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. 10 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. Use Urban Estate (UE) Farming (FA-1) Agriculture Urban Estate (UE) Farming (FA-1) Animal boarding (limited to farm/large animals). 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 Commercial/Retail Greenhouse (R) Livestock veterinary clinic/hospital (MS/ S)—See section 4.3.1 Packing facility (R) Permitted – See Commercial/Retail Pet animal facility (MS/ S)— See section 4.3.1 Pet animal veterinary clinic/hospital (MS/ S)—See section 4.3.1 11 Use Urban Estate (UE) Farming (FA-1) Sod farm, nursery (R) Tree farm (R) Residential Urban Estate (UE) Farming (FA-1) 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 home for the mentally ill (R) Single-family detached dwellings. Single Family Dwelling Storage buildings and garages (R)—See section 4.3.2 Duplexes Residential cluster developments. Single-family attached dwellings. Institutional Urban Estate (UE) Farming (FA-1) Cemeteries. Cemetery (S) Permitted –Commercial / Retail Child/elderly care center (S) Places of worship or assembly. 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 elementary, intermediate and high school education. School, nonpublic (S) 12 Use Urban Estate (UE) Farming (FA-1) State-licensed group home (S) Country club (S) Golf courses. Golf course (S) Membership club (S Shooting range (S) 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. Accommodation Urban Estate (UE) Farming (FA-1) Permitted - See Commercial/Retail Bed and breakfast (MS/S)— 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) Utilities Urban Estate (UE) Farming (FA-1) Commercial mobile radio service (SP/ S) -See section 16 13 Use Urban Estate (UE) Farming (FA-1) Permitted – See Accessory/ Miscellaneous Radio and television transmitters (S) Industrial Urban Estate (UE) Farming (FA-1) Resource extraction, processes and sales. Composting facilities. Small-scale and medium-scale solar energy systems. Commercial/Retail Bed and breakfast establishments with no more than six (6) beds Plant nurseries and greenhouses. Permitted – See Agriculture Animal boarding (limited to farm/large animals). Permitted – See Agriculture Adult day/respite care centers. Child care centers Permitted – See Institutional Small scale reception centers. Accessory/Miscellaneous Urban Estate (UE) Farming (FA-1) Accessory buildings containing more than two thousand five hundred (2,500) square feet or floor area. Wireless telecommunication equipment. Permitted – See Utilities Farm animals. Permitted – See Agriculture Urban agriculture. SANDBAR CT P A C I FIC CT COASTAL CT R E D WIL L O W CT OLD FARM LN SPRUCE CREEK DR GLOBE CT KADE N W O O D D R KIOWA CREEKD R W ILLOW SP R INGS WAY C ROSS C R EEK D R CAN O P Y CT C OPPERVEI N ST W H ITE WI L L O -1- ORDINANCE NO. 030, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE MAIL CREEK CROSSING SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2017-007 stating the intent of the City to annex and initiating annexation proceedings for the Mail Creek Crossing Second Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds that the area proposed to be annexed has been entirely contained within the boundaries of the City for a period of not less than three years prior to this date and complies with all requirements for enclave annexation set forth in Colorado Revised Statutes Section 31-12-106; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the following described property, to wit: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 8, AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8 TO BEAR S00°00'47"E, SAID LINE BEING MONUMENTED ON ITS NORTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, AND ON ITS SOUTH END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34995, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE WILLOW SPRfNGS ANNEXATION TO THE CITY OF FORT COLLINS (ALSO BEING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5), N00°12'29"W, A DISTANCE OF 1,308.79 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTH HARMONY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID SOUTH LINE, N89°50'37"E, A DISTANCE OF 696.69 FEET TO THE NORTHWEST CORNER OF THORLAND ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS; THENCE ALONG THE WEST LINES OF THORLAND ANNEXATION NO. 1 AND -2- THORLAND ANNEXATION NO. 2, S00°13'11 "E, A DISTANCE OF 1,334.56 FEET TO THE SOUTHWEST CORNER OF SAID THORLAND ANNEXATION NO. 2; THENCE ALONG THE SOUTH LINES THORLAND ANNEXATION NO. 2 AND KECHTER ANNEXATION NO. 3, N89°29'46"E, A DISTANCE OF 291.72 FEET; THENCE ALONG THE WEST LINES OF KECHTER ANNEXATION NO. 3 AND THE KECHTER CROSSING ANNEXATION, S00°02'21"E, A DISTANCE OF 1,280.47 FEET TO A POINT ON THE NORTH LINE OF THE MAIL CREEK CROSSING ANNEXATION; THENCE ALONG SAID NORTH LINE, S89°38'35"W, A DISTANCE OF 501.01 FEET TO THE SOUTHEAST CORNER OF THE LIEBL ANNEXATION; THENCE ALONG THE EAST AND NORTH BOUNDARIES OF SAID LIEBL ANNEXATION THE FOLLOWING EIGHT (8) COURSES: 1) N00°00'47"W, A DISTANCE OF 240.81 FEET; 2) S89°40'43"W, A DISTANCE OF 242.34 FEET; 3) 104.72 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 150°00'00", AND A CHORD WHICH BEARS N75°19'17"W A DISTANCE OF 77.27 FEET; 4) S89°40'43"W, A DISTANCE OF 121.25 FEET; 5) N00°00'47"W, A DISTANCE OF 185.16 FEET; 6) S89°40'43"W, A DISTANCE OF 20.00 FEET; 7) S00°00'47"E, A DISTANCE OF 278.90 FEET; 8) S89°40'43"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST LINE OF THE WILLOW SPRINGS ANNEXATION TO THE CITY OF FORT COLLINS (ALSO BEING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8); THENCE ALONG THE EAST LINE OF SAID WILLOW SPRINGS ANNEXATION, N00°00'47"W, A DISTANCE OF 1,140.57 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: ALL OF THAT TRACT OF LAND DESCRIBED IN THE KINGDOM HALL ANNEXATION TO THE CITY OF FORT COLLINS; ALSO BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 8; THENCE S45°21'22"E, A DISTANCE OF 42.32 FEET TO THE POINT OF BEGINNING; THENCE N00°12'29"W, A DISTANCE OF 530.00 FEET; THENCE N89°29'46"E, A DISTANCE OF 318.48 FEET; THENCE S00°10'32"E, A DISTANCE OF 530.00 FEET; THENCE S89°29'46"W, A DISTANCE OF 318.18 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 1,903,475 SQUARE FEET (43.698 ACRES), MORE OR LESS is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Mail Creek Crossing Second Annexation. Section 3. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. -3- Section 4. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 21st day of February, A.D. 2017, and to be presented for final passage on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of March, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk W D R C L E AR C R E E K LN E COUNTY ROAD 36 COPPER MILL LN CAT K I N S CT KECHTER RD W EEPI N G WAY TOPA N GA CT COPPE R CREST LN K E Y ST O N E C R E E K C T MACK E N Z IE CT TILDE N S T LODGEPOL E CREEK D R C R O S S V IEW DR SWEETWATER CREEK DR S TIMBERLINE RD Mail Creek Crossing Second Structure Plan CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: November 21, 2016 Legend City Limits Water Mail Creek Crossing Second Neighborhood Commercial District Urban Estate Low Density Mixed-Use Neighborhoods Medium Density Mixed-Use Neighborhoods Open Lands, Parks and Stream Corridors 0 0.045 0.09 0.135 0.18 Miles Scale 1 inch equals 475 feet © Path: S:\CDNS\Planning\Current Planning\Annexations\MailCreekCrossing_T2\VicinityMap.mxd Annexation Area ATTACHMENT 4 W H ITE WI L L O W D R C L E AR C R E E K LN E COUNTY ROAD 36 COPPER MILL LN CAT K I N S CT KECHTER RD W EEPI N G WAY TOPA N GA CT COPPE R CREST LN K E Y ST O N E C R E E K C T MACK E N Z IE CT TILDE N ST LODGEPOL E CREEK DR C R O S S V IEW D R SWEETWATER CREEK DR S TIMBERLINE RD Mail Creek Crossing Second Zoning CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: November 21, 2016 Legend City Limits Water Mail Creek Crossing Second Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Low Density Residential (RL) Urban Estate (UE) 0 0.045 0.09 0.135 0.18 Miles Scale 1 inch equals 475 feet © Path: S:\CDNS\Planning\Current Planning\Annexations\MailCreekCrossing_T2\VicinityMap.mxd Annexation Area ATTACHMENT 2 W D R C L E AR C R E E K LN E COUNTY ROAD 36 COPPER MILL LN CAT K I N S CT KECHTER RD W EEPI N G WAY TOPA N GA CT COPPE R CREST LN K E Y ST O N E C R E E K C T MACK E N Z IE CT TILDE N S T LODGEPOL E CREEK D R C R O S S V IEW DR SWEETWATER CREEK DR S TIMBERLINE RD Mail Creek Crossing Second Vicinity CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Printed: November 21, 2016 Legend City Limits Water Mail Creek Crossing Second 0 0.045 0.09 0.135 0.18 Miles Scale 1 inch equals 475 feet © Path: S:\CDNS\Planning\Current Planning\Annexations\MailCreekCrossing_T2\VicinityMap.mxd Annexation Area ATTACHMENT 1