HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/15/2017 - SECOND READING OF ORDINANCE NO. 098, 2017, ANNEXINAgenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY August 15, 2017
City Council
STAFF
Kai Kleer, Associate Planner
Ted Shepard, Chief Planner
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 098, 2017, Annexing the Property Known as the Blehm-Homestead
Annexation to the City of Fort Collins, Colorado.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 18, 2017, annexes an enclave area of
approximately 109 acres in southeast Fort Collins. The property is situated between South Timberline and
Ziegler Roads, and bisected by Kechter Road. The 28-parcel enclave consists of the Blehm Subdivision, two
abutting properties to the east of the Blehm Subdivision, Homestead PUD, and one abutting property to the
west of the Homestead PUD.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
At the July 18 City Council meeting, the Blehm Homestead Annexation was pulled from the consent calendar by
enclave and community residents. It was expressed that the stormwater fee was unnecessary and should be
waived or significantly reduced because of the larger than average lot size within the Blehm Subdivision. City
Council asked for a comparison of stormwater fees between 2, 5, and 10-acre lots. Additionally, public comment
questioned if there had been PILOT discussions with other districts. Attachment 2 provides follow-up responses to
City Council and resident requests.
ATTACHMENTS
1. First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (PDF)
2. Council Follow-up July 18 - Stormwater Fees and PILOTs to Districts (PDF)
3. Ordinance No. 098, 2017 (PDF)
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY July 18, 2017
City Council
STAFF
Kai Kleer, Associate Planner
Ted Shepard, Chief Planner
SUBJECT
First Reading of Ordinance No. 098, 2017, Annexing the Property Known as the Blehm-Homestead
Annexation to the City of Fort Collins, Colorado.
EXECUTIVE SUMMARY
The purpose of this item is to annex an enclave area of approximately 109 acres in southeast Fort Collins. The
Initiating Resolution was adopted on consent, June 6, 2017. The property is situated between South
Timberline and Ziegler Roads, and bisected by Kechter Road. The 28-parcel enclave consists of the Blehm
Subdivision, two abutting properties to the east of the Blehm Subdivision, Homestead PUD, and one abutting
property to the west of the Homestead PUD.
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
The Blehm-Homestead Annexation is a 28 parcel enclave annexation that consists of approximately 109-acres
of privately owned property. The annexation is located entirely within the Fort Collins Growth Management
Area (GMA).
Because this is an enclave annexation, state statute requires a 3-year period where the property must be
completely surrounded by City limits before it becomes eligible for annexation. The property was enclaved by
Kechter Farm Annexation on May 16, 2014, and subsequently became eligible for annexation on May 16,
2017. The nine other annexations that pre-date the Kechter Farm Annexation and create the enclave are as
follows:
1. South Harmony Annexation, 1986, Stetson Creek P.U.D. Second Filing
2. Ruff Annexation, 1998, Harvest Park Subdivision
3. HH-36 Annexation, 1998, Sage Creek Subdivision
4. Homestead Annexation, 2004, Homestead P.U.D. 2nd Filing P.L.D. and P.D.
5. Kinard Junior High School Annexation, 2007, Kinard Junior High School M.L.D.
6. Thorland Annexation No. 1, 2008, Thorland Subdivision
7. Thorland Annexation No. 2, 2008, Thorland Subdivision
8. Kechter Annexation No. 3, 2012, Kechter Farm P.L.D. Filing 1
9. Mail Creek Crossing Annexation, 2014, Mail Creek Crossing P.L.D.
ATTACHMENT 1
Agenda Item 11
Item # 11 Page 2
Below is the list of the 28 properties contained within the enclave annexation:
# Owner Name Property Address
1 Ott Donna E/James M 2304 Kechter Rd
2 Bear Daphne Ann/Kirk Echman 2312 Kechter Rd
3 Brunswig Carl/Julie 2324 Kechter Rd
17 Hagerty Christopher J 2400 Kechter Rd
4 Baum John W/Helen M 2424 Kechter Rd
5 Arzt Bradley W/Dana M 2500 Kechter Rd
6 Ball Lawrence R/Wendy S 2521 Kechter Rd
7 Jenk Ryan R Heritage Trust 2522 Kechter Rd
8 Reilly Christopher B 2524 Kechter Rd
9 Morganti Charles R 2620 Hearthstone Dr
10 Griffith Michael A/Constance C 2745 Hearthstone Dr
11 Sandri Fabio/Mitzi Paim De Almeida 2801 Hearthstone Dr
12 Ringenberg James E/Charla M 2849 Hearthstone Dr
13 Plocher Thomas 2850 Hearthstone Dr
14 Homburg Robert C 2909 Hearthstone Dr
15 Rimrock Six Llc 2941 Hearthstone Dr
16 Naqvi And Tan Family Trust 3001 Hearthstone Dr
18 Selzer Lana/Nathan 5612 Old Mill Rd
19 Cranor John David Ii/Martha G 5615 Old Mill Rd
20 Piccirelli Mark 5625 Cornerstone Dr
21 Baeverstad Harold L Jr/Sharon K 5635 Hearthstone Cir
22 Cochran Janet Marie/Thomas S 5645 Cornerstone Dr
23 Green Tiffany/C Patrick 5700 Hearthstone Cir
24 Mills Andrew Revocable Trust (.50) 5717 Hearthstone Cir
25 Florin Beth C Revocable Trust 5718 Hearthstone Cir
26 The Homestead P.U.D Of Fort Collins
Inc
PO Drawer J
27 The Homestead P.U.D Of Fort Collins
Inc
PO Drawer J
28 The Homestead P.U.D Of Fort Collins
Inc
PO Drawer J
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. Monthly stormwater fees will also be assessed for annexed properties.
There are many advantages to the residents and City of Fort Collins upon annexation. City staff identifies the
five primary advantages below.
1. The desirability to consolidate the provision of public safety services. While fire service is provided by
Poudre Fire Authority in both the enclave and the City, police services are not.
2. The ability to avoid confusion among the property owners, surrounding property owners and the City or
County. The primary issue here relates to the provision of public safety services and enforcement of
zoning and nuisance ordinances. There may be confusion if a property is actually located in the
County when it is surrounded by the City of Fort Collins.
3. 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.
4. The residents of an annexed area will be able to increase their participation in City government.
Presently, County residents can only voice their opinions at public hearings. After annexation, these
Agenda Item 11
Item # 11 Page 3
residents can vote in scheduled and special City elections, thereby having a political voice in important
decisions made by the City which affect them.
Correspondence
A letter representing six property owners of the Blehm Subdivision was received on April 20, 2017. The
request was to waive the required assessment of the stormwater fee due to their minimal amount of
impervious surface.
Staff addressed the concern by notifying correspondents, who live in the Blehm Subdivision, that the decision
to waive any required fee would be at the discretion of the Director of Utilities. The Utilities Department then
formally responded on June 19, 2017 that it would not waive the fees based on two primary reasons stated
below.
While these properties, at almost 300,000 square feet, are much larger than most residential
properties in the City, per City Code Section 26-514(a), a significant discount (72%) in the fee
assessment would be applied to these properties because of their unusual size recognizing the lower
ratio of impervious soil on such properties.
Like all other properties within the City, these properties will benefit from stormwater facilities.
CITY FINANCIAL IMPACTS
There are no direct financial impacts as a result of the proposed annexation.
BOARD / COMMISSION RECOMMENDATION
This item was unanimously passed by the Planning and Zoning Board by a 5-0 vote; however, the item was
pulled from the consent calendar by two adjoining neighbors of the Blehm-Homestead Annexation. Several
issues regarding potential development, density that the proposed zoning would allow, future road connections
and the potential traffic impacts cause by redevelopment were expressed. While the annexation and zoning of
the property does not qualify as development, questions posed by the two community members were
answered during the subsequent discussion of the item (Attachment 2)
PUBLIC OUTREACH
An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code.
However, on February 23, 2017, City staff held a stakeholder meeting to answer questions and inform
residents of any changes that may result from annexing into the City. Representatives from Planning Services,
Light and Power, and Utilities were present to explain any potential difference in electrical rates, fees, services,
zoning and infrastructure. Attachment 3 is an FAQ sheet that was provided to residents who attended the
meeting.
ATTACHMENTS
1. Vicinity Map (PDF)
2. Planning and Zoning Board minutes, June 15, 2017 (draft) (PDF)
3. Annexation FAQ Sheet (PDF)
Utilities
electric · stormwater · wastewater · water
700 Wood Street
PO Box 580
Fort Collins, CO 80522
970.221.6700
970.221.6619 – fax
V/TDD 711
utilities@fcgov.com
fcgov.com/utilities
M E M O R A N D U M
DATE: July 20, 2017
TO: Mayor Troxell and Councilmembers
FROM: Lance Smith, Utilities Strategic Finance Director
THROUGH: Darin Atteberry, City Manager
Kevin R. Gertig, Utilities Executive Director
RE: Council Follow-up: Blehm Subdivision Annexation
Request:
During follow-up for the Blehm Subdivision Annexation item on July18, 2017 Council meeting,
Councilmember Cunniff requested:
1. Information regarding the value of stormwater fees on various size parcels that only had
single family home on them.
2. Information on discussion the City has had with our neighboring Districts regarding the
charging of Payment in lieu of taxes (PILOT) fees.
Response:
1. Monthly Charges - Below is a table showing the monthly charges that would be required
without recognizing the large pervious area in residential estate lots and what the actual
charges are for such lots in the City. The last line shows the plant investment fees that
would be collected on a new residential development for these lots if the land had been
within city limits prior to development. Because these lots were developed prior to
annexation the Stormwater Fund will not receive this revenue.
ATTACHMENT 2
2. PILOTs – PILOTs are intended to recognize the revenue that would have been received
by the General Fund had the utility service been provided by a utility other than the
municipal utility. Stormwater is not a service area that investor owned utilities operate in
so there is no revenue loss to the General Fund by having the municipal stormwater
utility. Thus, PILOTs have not been charged on stormwater charges historically. Staff
will discuss findings related to collecting PILOTs from the neighboring districts for water
and wastewater services at the August Council Finance Committee meeting.
-1-
ORDINANCE NO. 098, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE BLEHM-HOMESTEAD
ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2017-051 stating the intent of the City to annex and initiating
annexation proceedings for the Blehm-Homestead 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:
TRACT 1:
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 6
NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5, AND CONSIDERING
THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5 TO BEAR S89°29'46"W,
SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED
LS 33642, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, 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 SOUTHWEST QUARTER OF SAID SECTION 5,
N00°49'51"W, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING;
THENCE ALONG THE NORTH LINE OF KECHTER ANNEXATION NO. 3 TO THE CITY OF FORT
COLLINS, S89°29'46"W, A DISTANCE OF 1,783.56 FEET TO A POINT ON THE EAST LINE OF
THORLAND ANNEXATION NO. 2 TO THE CITY OF FORT COLLINS;
THENCE ALONG SAID EAST LINE AND ALONG THE EAST LINE OF THORLAND
ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, N00°18'28"W, A DISTANCE OF 1,263.21
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 1,772.13 FEET TO A POINT
ON THE WEST LINE OF THE RUFF ANNEXATION TO THE CITY OF FORT COLLINS;
-2-
THENCE ALONG SAID WEST LINE AND ALONG THE WEST LINE OF THE HH-36
ANNEXATION TO THE CITY OF FORT COLLINS, S00°49'51"E, A DISTANCE OF 1,252.47 FEET
TO THE POINT OF BEGINNING.
CONTAINING 51.336 ACRES, MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND
RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND.
TRACT 2:
A TRACT OF LAND LOCATED IN THE NORTH HALF 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:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 8, AND CONSIDERING
THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8 TO BEAR N89°30'22"E,
SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3-1/4" ALUMINUM CAP STAMPED
LS 33642, AND ON ITS EAST 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 WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8,
S00°43'32"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WEST LINE, ALSO BEING THE WEST LINE OF THE HH-36
ANNEXATION TO THE CITY OF FORT COLLINS, S00°43'32"W, A DISTANCE OF 20.00 FEET;
THENCE ALONG THE SOUTH LINE OF SAID HH-36 ANNEXATION, N89°30'22"E, A DISTANCE
OF 2,161.74 FEET TO THE NORTHWEST CORNER OF THE HOMESTEAD ANNEXATION TO THE
CITY OF FORT COLLINS;
THENCE ALONG THE WESTERLY BOUNDARY OF SAID HOMESTEAD ANNEXATION THE
FOLLOWING THIRTEEN (13) COURSES:
1. 23.56 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS
S45°29'38"E A DISTANCE OF 21.21 FEET;
2. S00°29'38"E, A DISTANCE OF 115.00 FEET;
3. 345.58 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
220.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS
S44°30'22"W A DISTANCE OF 311.13 FEET;
4. S89°30'22"W, A DISTANCE OF 100.00 FEET;
5. 268.62 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF
380.00 FEET, A CENTRAL ANGLE OF 40°30'08", AND A CHORD WHICH BEARS
S69°15'18"W A DISTANCE OF 263.06 FEET;
6. 21.12 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A
RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 80°39'36", AND A CHORD WHICH
BEARS S89°20'02"W, A DISTANCE OF 19.42 FEET;
7. S39°39'51"W, A DISTANCE OF 60.00 FEET;
8. 38.70 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A
RADIUS OF 749.38 FEET, A CENTRAL ANGLE OF 02°57'32", AND A CHORD WHICH
BEARS S48°51'24"E A DISTANCE OF 38.69 FEET;
9. 261.83 FEET ALONG THE ARC OF A COMPOUND CURVE TO THE RIGHT HAVING A
RADIUS OF 319.98 FEET, A CENTRAL ANGLE OF 46°53'00", AND A CHORD WHICH
BEARS S23°56'08"E, A DISTANCE OF 254.59 FEET
10. S00°29'38"E, A DISTANCE OF 223.46 FEET;
11. 32.18 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
50.00 FEET, A CENTRAL ANGLE OF 36°52'12", AND A CHORD WHICH BEARS
S17°56'28"W A DISTANCE OF 31.62 FEET;
12. 131.29 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A
-3-
RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 150°26'53", AND A CHORD WHICH
BEARS S38°50'53"E, A DISTANCE OF 96.69 FEET;
13. S00°29'38"E, A DISTANCE OF 193.85 FEET TO A POINT ON THE NORTH LINE OF THE
KINARD JUNIOR HIGH SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ALONG SAID NORTH LINE AND ALONG THE NORTH LINE OF KECHTER FARM
SECOND ANNEXATION TO THE CITY OF FORT COLLINS, S89°39'21"W, A DISTANCE OF
1,758.96 FEET TO THE SOUTHEAST CORNER OF KECHTER ANNEXATION NO. 3 TO THE CITY
OF FORT COLLINS;
THENCE ALONG THE EASTERLY BOUNDARY OF SAID KECHTER ANNEXATION NO. 3 THE
FOLLOWING FOUR (4) COURSES:
1. N00°43'32"E, A DISTANCE OF 559.09 FEET;
2. S89°31'04"W, A DISTANCE OF 300.15 FEET;
3. N00°44'36"E, A DISTANCE OF 725.89 FEET;
4. N89°29'46"E, A DISTANCE OF 299.94 FEET TO THE POINT OF BEGINNING.
CONTAINING 57.906 ACRES, MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND
RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND.
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Blehm-Homestead 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.
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 18th day of
July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017.
__________________________________
Mayor Pro Tem
ATTEST:
_____________________________
City Clerk
-4-
Passed and adopted on final reading on this 15th day of August, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk