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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/05/2018 - ITEMS RELATING TO THE EAST GATEWAY ANNEXATION (MOVAgenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Items Relating to the East Gateway Annexation. EXECUTIVE SUMMARY Staff requests the Resolution and Ordinance be postponed indefinitely due to a failure to provide notice as required in the Municipal Annexation Act. A. Resolution 2018-057 Setting Forth Findings of Fact and Determinations Regarding the East Gateway Annexation. B. Public Hearing and First Reading of Ordinance No. 075, 2018, Annexing the Property Known as the East Gateway Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 1.77 acres of land consisting of three properties into the City of Fort Collins. The properties are located approximately ¼ mile northeast of the Interstate 25 and East Mulberry Street interchange. The annexation will create the East Mulberry Enclave encompassing the East Mulberry Corridor. The Initiating Resolution was adopted on May 1, 2018. A related item to zone the annexed property 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 Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION The City of Fort Collins has received a written petition requesting annexation of three properties known collectively as the East Gateway Annexation. The annexation area includes three parcels of land that consist of railroad-owned property, a strip of land on the western edge of the Cloverleaf Mobile Home Park, and a triangular-shaped parcel owned by the Colorado Department of Transportation. Contiguity The subject property gains the required one-sixth contiguity to existing City limits from a common boundary on the north and south perimeter with the following annexations: Agenda Item 11 Item # 11 Page 2 1. Kirschner Annexation, December 1993 2. Peterson Annexation, July 2006 3. Interchange Business Park Third Annexation, 2005 4. Interchange Business Park Second Annexation, 2005 As a result, there is 16.71% of the total perimeter contiguous to the existing municipal boundary which exceeds the required minimum (16.66%). Enclave Implications The annexation will create the East Mulberry Enclave which closely coincides with the East Mulberry Corridor Plan boundary adopted in 2002 (updated in 2003). The Plan was developed after a two-year joint planning effort between Larimer County and the City of Fort Collins. Though an enclave will be created after annexation of the subject properties, Colorado Revised Statutes require municipalities to wait three years until annexation can be initiated without property owner consent. Based on the anticipated schedule of the East Gateway Annexation, a future City Council could consider annexation of the East Mulberry Enclave as soon as July 2021. CITY FINANCIAL IMPACTS There are no financial impacts as a result of the proposed 1.77-acre annexation. BOARD / COMMISSION RECOMMENDATION At its May 17, 2018, regular meeting, the Planning and Zoning Board voted 5-0 to recommend approval of the annexation. Further, the Board recommended that the properties be placed into the General Commercial (C-G), Low Density Mixed Use Neighborhood (L-M-N) and Industrial (I) zone districts. (Attachment 4) PUBLIC OUTREACH Staff conducted two open house-style events within the East Mulberry Corridor on April 25th and 26th. Thirty- five (35) individuals signed into the first event which was held at the La Quinta Inn, and twenty-four (24) at the second event held at The Elks Lodge. An estimated twenty additional individuals attended the two events but preferred not to sign in. Four City staff members were available at the open houses to answer questions and have one-on-one and small group conversations with attendees. Materials presented at the open houses included display boards showing the historical evolution of the area, maps displaying the East Mulberry Corridor Plan Framework Plan, the potential enclave area, water and sewer service areas, Southwest Enclave phasing, and attendees were urged to fill out a questionnaire and provide comments. Copies of the East Mulberry Corridor Plan were available as well as a display outlining the City Plan Update process which may have implications for the land use pattern and transportation system within the Corridor. During the open houses, staff underscored four elements: 1. A decision to annex the enclave has not been made and the earliest date that an annexation could be considered is just over three years from now; 2. There will be extensive community engagement prior to the enclave annexation being considered; 3. The annexation will likely occur in phases over an extended period; and 4. A fiscal impact assessment will be conducted in 2019-2020. Additional information about the questionnaire results, community comments, and material presented at the open house meeting can be seen in Attachment 3. All required mailings and postings per Section 2.12 (Annexation of Land) of the Land Use Code have been followed. Agenda Item 11 Item # 11 Page 3 ATTACHMENTS 1. Vicinity Map (PDF) 2. Annexation Petition and Map (PDF) 3. East Mulberry Corridor Enclave Open House Summary (PDF) E Mulberry St E Mulberry St Interstate 25 Interstate 25 Ponderosa Dr Ne Frontage Rd Joydance Ct Jutl and L n Cloverleaf Way Box e lder St Brenton Dr Fetlock D r P alamino Ln Wither s Dr Se Frontage R d Aspen Cir Pinion Cir John Deere Rd Brand t Cir Sun c hase D r Loma Linda Dr Willow Ln De n ros e Ct Spruce Ln S w Fr o ntage Rd Maple Ln Cottonwood Ln Locust Ln Birch Ln N w Fr o PETITION FOR ANNEXATION THE UNDERSIGNED (hereinafter referred to as the “Petitioners”) hereby petition the Council of the City of Fort Collins, Colorado for the annexation of an area, to be referred to as the _____________________________________________________ Annexation to the City of Fort Collins. Said area, consisting of approximately ________________________________ (_____) acres, is more particularly described on Attachment “A,” attached hereto. The Petitioners allege: 1. That it is desirable and necessary that such area be annexed to the City of Fort Collins. 2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been met. 3. That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the boundaries of the City of Fort Collins. 4. That a community of interest exists between the area proposed to be annexed and the City of Fort Collins. 5. That the area to be annexed is urban or will be urbanized in the near future. 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Fort Collins. 7. That the Petitioners herein comprise more that fifty percent (50%) of the landowners in the area and own more than fifty percent (50%) of the area to be annexed, excluding public streets, alleys and lands owned by the City of Fort Collins. 8. That the City of Fort Collins shall not be required to assume any obligations 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 proposed to be annexed except as may be provided by the ordinance of the City of Fort Collins. Further, as an express condition of annexation, Petitioners consent to the inclusion into the Municipal Subdistrict, Northern Colorado Water Conservancy District (the “Subdistrict”) pursuant to §37- 45-136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners’ property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict at the time of inclusion of Petitioners’ lands. Petitioners agree to waive any right to an election which may exist pursuant to Article X, §20 of the Colorado Constitution before the Subdistrict can impose such mill levies and special assessments as it has the authority to impose. Petitioners also agree to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, §20 of the Colorado Constitution. WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the annexation of the area described on Attachment “A.” Furthermore, the Petitioners request that said area be placed in the _____________________________________________________________________ Zone District pursuant to the Land Use Code of the City of Fort Collins. ATTACHMENT 2 A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89°23'02"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3" BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, S89°23'02"E, A DISTANCE OF 1,427.40 FEET; THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET; THENCE N69°23'46"W, A DISTANCE OF 89.48 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N69°23'46"W, A DISTANCE OF 211.18 FEET TO THE MOST WESTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE COLORADO DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED JUNE 11, 2009 AT RECEPTION NO. 20090038617; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT, S89°47'51"E, A DISTANCE OF 193.56 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED APRIL 12, 2002 AT RECEPTION NO. 2002051529; THENCE ALONG SAID WESTERLY BOUNDARY, N00°37'38"E, A DISTANCE OF 2,453.85 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE BNSF RAILWAY; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, N89°02'25"W, A DISTANCE OF 470.00 FEET; THENCE N83°54'03"W, A DISTANCE OF 558.15 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID BNSF RAILWAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE S89°02'25"E, A DISTANCE OF 1,044.00 FEET; THENCE ALONG THE NORTHERLY EXTENSION OF THE TOP BACK OF AN EXISTING CURB, ALONG SAID TOP BACK OF CURB, AND ALONG THE SOUTHERLY EXTENSION OF SAID TOP BACK OF CURB, THE FOLLOWING FIVE (5) COURSES: 1. S00°12'51"W, A DISTANCE OF 920.13 FEET; 2. 34.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°50'52", AND A CHORD WHICH BEARS S04°08'17"W, A DISTANCE OF 34.22 FEET; 3. S08°03'43"W, A DISTANCE OF 96.07 FEET; 4. 31.86 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°18'07", AND A CHORD WHICH BEARS S04°24'40"W, A DISTANCE OF 31.84 FEET; 5. S00°45'36"W, A DISTANCE OF 1,496.03 FEET TO THE POINT OF BEGINNING; CONTAINING 76,962 SQUARE FEET (1.767 ACRES), MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. ------------------------------------------------------------------------------------------------------------------------------- I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF, AND OPINION. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 S:\Engineering\Departments\Survey\Projects\Planning\East Gateway Annexation\ Legals\E Gateway Annex Lgl.doc ATTACHMENT "A" Community Development & Neighborhood Services Planning 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6376 970.224.6111- fax DATE: May 9, 2018 TO: Darin Atteberry, City Manager FROM: Cameron Gloss, Planning Manager THRU: Tom Leeson: Community Development & Neighborhood Services Director Laurie Kadrich, Planning, Development & Transportation Services Director Jeff Mihelich, Deputy City Manager RE: East Mulberry Corridor Enclave Open House Summary Background In advance of the initiating resolution for the East Gateway Annexation, which creates the East Mulberry Enclave, the City Council requested that staff engage the affected community in a dialogue about a potential enclave annexation that a future City Council may consider as early as July 2021. East Mulberry Open House Events Staff conducted two open house-style events within the East Mulberry Corridor on April 25th and 26th. Thirty five (35) individuals signed into the first event which was held at the La Quinta Inn, and twenty four (24) at the second event held at The Elks Lodge. An estimated twenty additional individuals were in attendance at the two events, but preferred not to sign in. Four City staff members were available at the open houses to answer questions and have one-on-one and small group conversations with attendees. Materials presented at the open houses included display boards showing the historical evolution of the area, maps displaying the East Mulberry Corridor Plan Framework Plan, the potential enclave area, water and sewer service areas, Southwest Enclave phasing, and attendees were urged to fill out a questionnaire and provide comments. Copies of the East Mulberry Corridor Plan were available as well as a display outlining the City Plan Update process which may have implications for the land use pattern and transportation system within the Corridor. During the open houses, staff underscored four elements: 1. A decision to annex the enclave has not been made and the earliest date that an annexation could be considered is just over three years from now; 2. There will be extensive community engagement prior to the enclave annexation being considered; ATTACHMENT 3 Page 2 3. The annexation will likely occur in phases over an extended period. 4. A fiscal impact assessment will be conducted in 2019-2020. Questionnaire Results To better understand possible changes in the public’s perception of the East Mulberry Corridor area over time, the same questionnaire was issued at the open houses as that distributed 17 years ago during the East Mulberry Corridor planning process. Comparing and contrasting the questionnaire summary graphs from these two periods (see comparison on the following two pages) appears to indicate some changes in the community’s perceptions and the priorities for public and private investment in the future. When comparing the question about the degree of satisfaction with existing conditions, there was an increased level of dissatisfaction within most categories reviewed. The biggest drops in satisfaction included: x personal safety/security x traffic congestion x bicycle and pedestrian safety x storm drainage x grocery store and retail availability, and x the appearance of buildings, landscaping and signs. With respect to future opportunities, respondents expressed greater interest in: x improvements to bicycle and pedestrian facilities x street improvements x more wildlife/natural areas x improving traffic flow x improvement in overall appearance x provision of a supermarket x increased police service, and x storm drainage improvements Arguably, the sample size of the most recent questionnaire is smaller, but it may still provide a general sense of the community’s perception of the challenges and opportunities within the East Mulberry Corridor. List of Attachments A. Questionnaire Summary and Citizen Comments B. East Mulberry Chronology display C. Frequently Asked Questions handout D. East Mulberry Corridor Framework Plan Map Page 3 2001- Are you satisfied with conditions in the Corridor now? 2018 - Are you satisfied with conditions in the Corridor now? 0% 20% 40% 60% 80% 100% Convenience Store Availability Outdoor Storage Appearance Wildlife / Natural Areas Protection Snow Removal / Street Sweeping Public Transit Availability Retail Shopping Availability Storm Drainage Recreation Availability Personal Safety / Security Grocery Store Availability Signage Appearance Bldg. / Landscaping Appearance Traffic Flow Street Conditions Pedestrian Bicycle Safety Very Satisfied Satisfied Dissatisfied Very Dissatisfied No Opinion Page 4 2001 - What potential opportunities for change in the Corridor are most important? 2018 - What potential opportunities for change in the Corridor are most important? 0% 20% 40% 60% 80% 100% New Pedestrian and Bike Lanes Improve Streets More Wildlife / Natural Areas Improving Traffic Flow Better Overall Appearance Increase Police Services Expand Public Transit Improve Snow Removal / Sweeping Better Storm Drainage More Small Businesses New Supermarket More Public Facilities More Retail Shopping More Employers More Housing More Convenient Stores More Travel Related Businesses More Industrial / Storage Areas Very Important Important Not Important No Opinion Page 5 What are the top five issues related to current conditions? x Traffic flow x pedestrian usage x business accessibility x no grocery storage (need badly) x lacking sufficient public transit x problematic road conditions due to drainage x intersections that are a mess and dysfunctional x too much traffic during peak times x no turn lanes at Greenfield to turn left x stoplight at summit view and mulberry is confusing x don’t want higher taxes x don't think there will be a change in vagrancy x will be too long for positive changes to be made x traffic flow from this area to south - Prospect/Mulberry accessibility to make turns off Prospect and Mulberry x Sleazy hotels on north side of Mulberry x Lighting - darkest major street in Fort Collins x E. Locust street never maintained until construction started on Mulberry x bldg. / landscaping appearance x street conditions x storm drainage x snow removal x improved road network - access, conditions x high criminal activity - hotel areas x lack of restaurants x Lighting - darkest major street in Fort Collins x sidewalks - pedestrian areas x access road is incomplete and difficult to access (Frontage Road) x closest grocery store is on Lemay x no bicycle lanes x signage @ frontage roads horrific - no one see the "no turn on red" signs and can be very dangerous x neighborhood streets are horrific - esp. Riverbend Dr. x traffic flow with frontage roads is haphazard, can be dangerous x pedestrian bicycle safety x road conditions x wildlife / natural areas x personal safety / security x grocery store x medians suck aesthetically x safety x street conditions x traffic flow x pedestrian access Page 6 x homeless population x stop at summit view x Adequate intersection traffic flow both Mulberry and Greenfields and Prospect and Summit View x traffic lights on Mulberry and Greenfields x Dangerous, no right of way especially turning left to west or north frontage turning east (many people doing U-turns at intersection) x Road Repair - no money, county not stepping up - especially on Locust Street where old HOA still in effect - no one has money within HOA area to make road repairs - that is a joke that the HOA a poor excuse. x Need pedestrian walkways x Street conditions are poor x Traffic is poor and gets backed up x there are no natural areas x There is no retail shopping but 1 new one x Convenience store availability x Recreation availability x traffic flow x Personal safety x Grocery availability x Road conditions x Road drainage; snow removal x Shoddy appearance of businesses along Mulberry x Security and law enforcement response time x Concern with appearance of the low rate hotels and their clients x street appearance x code enforcement x Prospect - Summit View intersection x Costs of Boxelder sanitation x Bike / walk / trail lanes x No common requirements for appearance What are the top five potential opportunities for change? x safer walkways / bicycle lanes - many people walking due to hotels x set standards for hotels - landscaping included x street lights - need right of way - a free for all right now x road repair in community, i.e. sunrise acres x community parks and sidewalks and trails x improved law enforcement x street lighting x storm drainage x improved roads / traffic flow x better overall gateway to Fort Collins x Change aesthetic for visitors to Fort Collins. If you come into town it looks like a dump until Riverside. x Options for PWR, H2O, rebates x Improving safety of roadways, better traffic flow x More businesses, especially grocery store Page 7 x improving neighborhood roads x by having city police services, allows sheriff dept. to improve coverage of more rural / mountain areas x road network improvements x reduced vagrant activity - criminal activity x better restaurants x increased lighting x cleaner areas x better streets x storm sewer x public transit x need a city park in this area x forcing hotel clean up and vagrants - hopefully lighting will change that x safety x no change x less traffic jams x affordable housing x accessible streets and sidewalks x public transit x better drainage and street maintenance x improve interchanges (intersections) x Need pedestrian walkways Appearance x Main corridor for CSU and Old Town x Improved roads x Improved traffic flow x Improved appearance of businesses through landscaping x Improved security for residents and businesses x Improved snow removal x Better overall appearance x Better storm drainage x Improved streets x Improved traffic flow x More wildlife / natural areas What's your vision for the East Mulberry Corridor over the next 20 years? x less low-class hotels x better exit lanes off I-25 to Mulberry and Prospect x additional lanes on Mulberry x Figure infrastructure out before adding housing x nice traffic flow x quit taking wildlife and nature areas x Premier entrance to Fort Collins x Brought to a nice standard but the city of Fort Collins is terrible to develop with. Have standards but calm down on some of the BS. x more services available to neighborhoods i.e.. Groceries, small businesses x a gateway into Fort Collins that is as appealing as the city itself Page 8 x East Mulberry is the gateway to Old Town, the jewel of the city. Mulberry to College Ave should be a "wow" experience, leading to Old Town. The beauty of the new bridge on Mulberry, west of Lemay, should be carried all the way to I-25. x similar to Harmony x better welcome corridor for visitors x another harmony road x to stay the same x not sure, worried in general about proposed population growth of area and how horrible traffic will be x improved appearance coming into city x traffic congestion eased x multi-use with creative integration of people and wildlife x new and creative mix of residential and small market gardens and low-density livestock x MAX style transit connecting I-25 and downtown transit center Should look more like Harmony Road x Should look more like Harmony Road x More attractive landscaping and businesses x Better regulation of types of businesses x Increased police patrol x Nice mid-price range restaurants x Supermarket at east end of Mulberry x A well-planned, balanced corridor that would give Fort Collins high mark as a city to live in x Become more user friendly: shopping, services provided by the city, better roads and traffic flow. x Better public transportation Page 9 Annexation FAQ 1 1. Intergovernmental Agreements 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. 2. What is an Enclave? 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. 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. Can you give us a recent example of an enclave annexation? Yes, there were four Southwest Enclave Annexation phases totaling 1,603 acres (2.7 square miles) annexed into the City between 2006 and 2013. Five enclaves were annexed into the City of Fort Collins in 2015 - 2018. 3. Zoning and Land Use What if I am 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. Annexation FAQ 2 What if our development has a private covenant, will the City of Fort Collins preempt the covenant, and how? Yes, the City will preempt certain private covenants related to resource conservation, as outlined in under Section 12-122 of the Municipal Code which states, “ No person shall create, cause to be created, enforce or seek to enforce any provision contained in any restrictive covenant which has the effect of prohibiting or limiting the installation or use of Xeriscape landscaping, solar/ photovoltaic collectors (if mounted flush upon any established roof line), clothes lines (if located in back yards), or odor-controlled compost bins, or which has the effect of requiring that a portion of any individual lot be planted in turf grass”. 4. Utility Services 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. How will our electric service change over to City Light & Power? The City of Fort Collins Light and Power Utility will not assume responsibility for providing your electrical service on the effective date of the annexation. Rather, the changeover will occur when the City’s electrical distribution system is extended to serve the annexed parcels. Light and Power will provide service at the existing service level at the time service is transferred to Light and Power. At this time, you have the option of upgrading to a larger service if you so desire. Any upgrade over 150 amps will be assessed a capacity fee consistent with the current fee structure. Will the tax on our phone bill change? No. 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 Fort Collins Light and Power and REA rates? Fort Collins Light and Power is a municipally owned service that provides power to the City of Fort Collins residents for over 70,500 homes and businesses and over 55 square miles of land. The service is one of the most reliable electric distribution systems in the country and is over 99% underground. Annexation FAQ 3 What is the 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 citywide basis. This includes ongoing maintenance of regional stormwater quality and detention ponds, underground storm drainage pipe systems, and culverts. All developed properties within city limits pay stormwater rates, which are based on: What if my property is on septic? How will being part of the City of Fort Collins affect me? The City of Fort Collins does not regulate septic systems. However, if your current septic system fails and you are within 400 feet of the municipal sewer system you will be required to connect to the sewer system. Will my water or wastewater services change because 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 ELCO Water District and Boxelder Sanitation District (if not currently on septic). 1 An additional 25% REA adder will be applied to the kWh rate once calculated at the end of a billing cycle and will not be applied towards the monthly fixed charge. Monthly Residential Electric Rates1 Summer (Jun-Aug) Non-Summer (Sept-May) Poudre Valley REA Fixed Charge, per month $6.14 $6.14 $24.50 Usage Charge, per kWh $.0.09396 First 500 kWh, per kWh $0.09434 $0.08893 Next 500 kWh, per kWh $0.11268 $0.09339 All additional kWh $0.14904 $0.10335 Annexation FAQ 4 5. Taxes How will our property taxes change? Property taxes will go down after being annexed into the City of Fort Collins. Will we be charged additional tax on our utility bills? Xcel Energy Because you are becoming part of the City, you will be provided with Municipal electric service. However, if your home requires the use of natural gas, Xcel energy continue to be your service provider and a local tax of 3.85% will be assessed. Wireless Service 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, a local tax of 3.85% will be applied to each bill. ELCO Water District No, sales tax is not assessed to the ELCO Water District. Boxelder Sanitation District No, sales tax is not assessed to the Boxelder Sanitation District. 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. Annexation FAQ 5 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 (Larimer County) 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% For further information, please contact Jennifer Poznanovic, jpoznanovic@fcgov.com Annexation FAQ 6 6. Other Commonly Asked Questions 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 affect 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 Rebates through energy audit programs (i.e., Solar Installation Incentives) However, 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. What is the best way for me to contact the City of Fort Collins? Access Fort Collins is an easy way to contact the City with your questions, comments, and service requests whenever it is most convenient for you. By visiting the website, https://clients.comcate.com/newrequest.php?id=150 you will be able to submit a question, comment or service request on myriad topics 24 hours a day, seven days a week. -1- RESOLUTION 2018-057 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE EAST GATEWAY ANNEXATION WHEREAS, pursuant to Resolution 2018-041, annexation proceedings were initiated by the City Council for property to be known as the East Gateway Annexation (the “Property”); and WHEREAS, following notice given as required by law, the City Council held a hearing on said annexation on June 5, 2018. NOW, THEREFORE, BE IT RESOLVED 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 City Council hereby finds that the petition for annexation of the Property complies with the Municipal Annexation Act (the “Act”), Section 31-12-101, et seq., Colorado Revised Statutes. Section 3. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the Property proposed to be annexed; that a community of interest exists between the Property proposed to be annexed and the City; that said Property is urban or will be urbanized in the near future; and that the Property is integrated with or is capable of being integrated with the City. Section 4. That the City Council further determines that the applicable parts of the Act have been met, that an election is not required under the Act, and that there are no other terms and conditions to be imposed upon said annexation. Section 5. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with the Act. Section 6. That the City Council concludes that the Property is eligible for annexation to the City and should be so annexed. -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of June, A.D. 2018. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk -1- ORDINANCE NO. 075, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE EAST GATEWAY ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2018-041 finding substantial compliance and initiating annexation proceedings for the East Gateway Annexation, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2018-057 setting forth findings of fact and determinations regarding the East Gateway Annexation was adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the East Gateway Annexation (the “Property”) 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 City Council hereby incorporates the findings of Resolution 2018-041 and Resolution 2018-057 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89°23'02"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 3" BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, S89°23'02"E, A DISTANCE OF 1,427.40 FEET; THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET; -2- THENCE N69°23'46"W, A DISTANCE OF 89.48 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N69°23'46"W, A DISTANCE OF 211.18 FEET TO THE MOST WESTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE COLORADO DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED JUNE 11, 2009 AT RECEPTION NO. 20090038617; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT, S89°47'51"E, A DISTANCE OF 193.56 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED APRIL 12, 2002 AT RECEPTION NO. 2002051529; THENCE ALONG SAID WESTERLY BOUNDARY, N00°37'38"E, A DISTANCE OF 2,453.85 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE BNSF RAILWAY; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, N89°02'25"W, A DISTANCE OF 470.00 FEET; THENCE N83°54'03"W, A DISTANCE OF 558.15 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID BNSF RAILWAY; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE S89°02'25"E, A DISTANCE OF 1,044.00 FEET; THENCE ALONG THE NORTHERLY EXTENSION OF THE TOP BACK OF AN EXISTING CURB, ALONG SAID TOP BACK OF CURB, AND ALONG THE SOUTHERLY EXTENSION OF SAID TOP BACK OF CURB, THE FOLLOWING FIVE (5) COURSES: 1. S00°12'51"W, A DISTANCE OF 920.13 FEET; 2. 34.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°50'52", AND A CHORD WHICH BEARS S04°08'17"W, A DISTANCE OF 34.22 FEET; 3. S08°03'43"W, A DISTANCE OF 96.07 FEET; 4. 31.86 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 07°18'07", AND A CHORD WHICH BEARS S04°24'40"W, A DISTANCE OF 31.84 FEET; 5. S00°45'36"W, A DISTANCE OF 1,496.03 FEET TO THE POINT OF BEGINNING; CONTAINING 76,962 SQUARE FEET (1.767 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 East Gateway Annexation, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service -3- lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 5th day of June, A.D. 2018, and to be presented for final passage on the 19th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of June, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk ntage Rd !"`$ !"`$ ÕZYXW ÕZYXW East Gateway Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use of PRODUCTS the by the public. City of The Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: April 18, 2018 0 0.055 0.11 0.165 0.22Miles Scale 1:6,000 © Vicinity Map City Limits - Outline City Limits Annexation Area Cloverleaf Community ColoCraadreo Air ESquunipsmtaetent Annexation Area ATTACHMENT 1