HomeMy WebLinkAboutCLYDESDALE PARK FIRST & SECOND ANNEXATIONS - ANX140002 - CORRESPONDENCE - RESPONSE TO CITIZEN (3)What measures is the developer required to put in place to keep Carriage Parkway
clean during construction?
➢ Any deemed necessary to promote a clean street to minimize pollution (dirt is
a pollutant). The Fox Grove Subdivision will have to submit a set of
documents that demonstrate how they will address and minimize the Vehicle
Tracking among other possible construction pollutants.
Is the developer required to keep the street clean?
➢ Yes, they are held liable to keep the streets clean.
What are the enforcement measures if the street is not kept clean?
➢ This tends to be an escalation process where verbal and written warnings are
generally used at first to get compliance. If that fails to get the job done then
Notices of Non -Compliance and Violation are issued with possible fines and
legal action.
Who do neighbors contact during construction if there are issues?
➢ They can call the City, either the Building Department or Utilities
Department, both will direct the calls to either a Construction Inspector or the
Erosion Control Inspector, in either case the issues will be addressed
expeditiously. They can also use the web or phone apps for Access Fort
Collins to have this addressed.
9. Park land:
Fort Collins has an excellent park system, but the closest park is Deer Run on Prospect.
Similarly there are no bike paths across I-25 at this time. Does the City have plans for a
city park or open space closer to us or for bike paths over I25?
➢ Parks is completing an update to the Parks and Recreation Policy Plan in
2014 and will be taking a look at this area east of I-25. We will review the
neighborhood parkland fees collected to date and future residential fees to see
if we have enough fee units for a park in this area.
➢ We also anticipate that the Fox Grove development will reserve access to
enable a potential future regional trail to extend along Boxelder Creek.
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(e) Fences which are intended as enclosures for any animal shall be securely
constructed, adequate for the purpose and kept in good repair.
Does the Police Department enforce that leash law if called by a resident?
➢ No, as mentioned above, it is enforced by Larimer Humane Society through a
contract with the City. Additionally, Park and Natural Area Rangers also
enforce this ordinance.
8. Fox Grove:
a. What is the status of the proposed Fox Grove development?
➢ This development is now required to submit detailed plans that will be subject
to review and approval by a Hearing Officer at a public hearing. Once the
detailed plans are submitted to City staff for formal review, staff will send an
email update. Also, prior to the hearing, a letter will be mailed to neighbors
within the mailing boundary. Although it is unknown at this time when the
detailed plans will be submitted to the Cityfor review, it is unlikely that the
plans would be approved for construction until sometime in late 2014, at the
earliest, if they were submitted in June.
b. Street maintenance during construction. What measures is the developer required
to put in place to keep Carriage Parkway clean during construction? Is the
developer required to keep the street clean? What are the enforcement measures
if the street is not kept clean? Who do neighbors contact during construction if
there are issues?
From Jesse Schlam, City of Fort Collins Environmental Regulatory Specialist
What are the City regulations?
➢ City Code Sec 20-61 through 20-66 Defines dirt, debris, and construction
waste in a way that very clearly shows that it is prohibited to be deposited on
streets. All debris is required to be removed by the general contractor or
superintendent and if this is not followed, City removal and restitution will be
sought. Enforcement is based off of City Code Sec 26-498 titled Water quality
control. This code basically states that Storm Drainage Facilities (All Streets,
Watercourse, Right of way or Concrete infrastructure) are to be protected
from pollutants or contaminated water.
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assess the situation and determine the best approach to keep the
neighborhood safe.
7. Dogs:
a. Does Fort Collins have a leash law for dogs?
b. Does the Police Department enforce that leash law if called by a resident?
c. Does Fort Collins have a leash law for dogs?
➢ Yes, it is Code Section 4-93, and it is enforced by Larimer Humane Society
Animal Control.
➢ Here is the City code language:
Sec. 4-93. Animals at large prohibited.
(a) All pet animals, except birds, shall be kept under restraint. It shall be unlawful
for the owner or keeper of any pet animal, except birds, to permit such animal to
be at large in the City, with or without the owner or keeper's knowledge. The
following shall be exempt from this prohibition:
(1) Animals under the control of a public law enforcement agency.
(2) Animals not under restraint in a City natural area or recreation area pursuant
to an applicable permit issued under Article IX or Article X of Chapter 23.
(3) Animals under the control of City employees or contractors when used for
maintenance or management activities in City recreation areas, as defined in §
23-202.
(4) Animals in areas designated or signed permitting animals to be at large, such
as dog parks.
(b) All pet birds within the City shall be kept under physical control at all times.
For the purposes of this Section, physical control shall not require the use of a
leash, lead or tether, but shall require that the owner or keeper of said pet bird be
able to immediately control the bird, physically or verbally, so that the bird does
not present a threat to the safety of persons or property.
(c) All female animals in heat shall be kept inside a building or within a fence or
other enclosure which limits the animal to a particular premises, so that the
animal cannot come into contact with a male animal except for a planned
breeding. When allowed outside to relieve itself, said animal shall be under the
observation of the owner or keeper.
(d) Doves and pigeons kept as pets shall be exempt from the provisions of this
Division.
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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 onto
the annexed customers.
➢ Sewer is currently served by Boxelder Sanitation District, and that service will
not change after annexation.
➢ ELCO will continue to provide water service after the annexation. The
transition will not impact the water utility (ELCO) or the service level being
provided.
6. Police service:
a. Will we receive regular police patrols of our neighborhood?
Y Once an area is annexed, Fort Collins Police has the responsibility to provide
service. It is literally a light switch operation once the annexation happens.
The Sheriffs Department stops providing service and City Police Services
start. City Police do not typically provide scheduled patrols of individual
neighborhoods unless circumstances develop that warrant such patrols.
Police Services uses data to deploy our officers. Areas with higher call loads
receive more staffing. If specific problems develop, we will work with the
residents to address the issues.
b. What will the speed limits be on our side streets?
➢ Speed limits for the residential side streets are typically 25 MPH. Posted
speed limits for collector streets typically varyfrom 30-35 MPH. Carriage
Parkway is classified as a "collector" street with a current posted speed limit
of 30 MPH.
c. Will Fort Collins police effectively enforce street speed limits?
➢ Police Services and Traffic Operations use various methods to address traffic
violations and speed compliance. We have a dedicated Traffic Unit that takes
complaints, assesses the situation and provides enforcement when necessary.
Our photo radar program has also provided an effective tool to address
neighborhood traffic issues. Traffic Operations has additional tools for traffic
calming. If speeding cars are an issue in the neighborhood, we are glad to
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5. Utilities:
a. We currently receive electricity from REA and water from ELCO. What utilities
will we receive service from once annexed?
b. How will the transition from our current to the new utilities affect us?
c. How do the City's utility rates compare to our current utility rates?
➢ At some time after the area annexes, the provision of electric service will
transfer to Fort Collins Light & Power. The transfer of service to Fort
Collins Light & Power will not occur for an indeterminate period of time after
the annexation. This transfer may take a couple of years or more after the
annexation is final. The nearest Fort Collins Light & Power electric system is
at the corner of Mulberry & the I-25 frontage road (approximately '/z mile
away). The provision of water and wastewater service will not change.
➢ Typically, Fort Collins Light & Power purchases the Poudre Valley REA
electric system, then utilizes it. Since PVREA uses a different voltage, new
transformers will need to be installed. If the existing REA facilities are
overhead, it is anticipated that at some time in the future (no date
commitment) they will be converted to underground. There is no charge to
the customers for the initial transfer of service, or for the future conversion to
underground (if applicable).
➢ 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 adder 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: 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
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e. Will Fort Collins also be responsible for maintenance of our curbs and sidewalks
too?
➢ City Code states that adjacent property owners are responsible for the
repair of concrete curb, gutter and sidewalk. Although this responsibility
is typically the case, the City may choose to repair concrete when one or
more of the following conditions is present:
o trip hazards
o drainage issues
o severe spalling and fractures
o concrete settlements
o pooling of water
o safety concerns
o installation of Americans with Disabilities Act (ADA) compliant
pedestrian access ramps
➢ The City has information about this topic at:
htti)://www.fcszov.com/streets/sidewalk-curb-gutter.l?hp
4. Ponds:
a. We love our ponds but are concerned about dirt silting them up to the point where
we have to pay to have them dredged. Almost all the dirt that gets into the ponds
comes from our streets. Will the City pay to have them dredged if they require it?
➢ The maintenance of private ponds is the responsibility of the owners of the
ponds. The ponds would have to serve a "regional" function and be
identified in a regional drainage master plan to be owned and maintained
by the City. The runoff from the streets is considered to be part of the
development's responsibility just like the runoff from the homes. Even if
the streets are dedicated to the City, this does not relieve the development
from the responsibility of the runoff from the streets.
➢ There may be engineering options that residents can explore to trap and
filter sediment before the sediment enters the ponds.
b. Will the City keep our streets swept so that dirt will not get into the ponds?
➢ Typically, all residential streets are swept by the City four times per year.
➢ The City has additional information about this topic at:
http://www.fcgov.com/streets/sweeping.php
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➢ Assuming that the neighborhood is approved for annexation in 2014, the
first City property tax payment would be due in 2015.
3. Roads
a. Will Fort Collins assume responsibility for maintenance of all of our roads if we
are annexed?
➢ Yes, the City would provide maintenance of the Clydesdale Park streets.
The streets would be accepted into to the City of Fort Collins' Street
Maintenance Program (SMP). More information on City maintenance
practices can be found here: http://www.fcgov.conVstreets/smpphp
b. Are our roads up to the City's standard now or will be have to do any repair to
bring them up to standard?
➢ Based on initial observations by City staff, the current street condition can
be accepted into the City system without up front repair. Because the
streets being accepted for maintenance are not newly constructed and
have been in use for a number of years, the City will request that the PID
funds be reserved for future maintenance. The City will continue to
monitor the condition of the streets, and at some time in the future the
streets will receive an asphalt sealant overlay to extend the life of the road
surface.
c. What are the steps/process for maintenance acceptance, can this happen after the
annexation? What steps need to happen before the annexation?
➢ Maintenance acceptance of the streets within the boundaries of the
Clydesdale Park annexation would be affective concurrent with the
completion of the annexation.
d. If work is needed, will it cost more than we currently have in our PID fund?
➢ The PID fund can only be used for public infrastructure and has been
collected as funding for the maintenance of the neighborhood streets. We
would recommend that the management of the PID be transferred over to
the City, and that the funds collected be reserved for future maintenance,
such as an overlay of the existing pavement surface with an asphalt
sealant treatment. There could be other items needed, such as additional
speed limit signs or roadway striping.
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➢ Residents can also send me an individual email with your comments, and I
will print the email in letter format and provide your letter to the Planning
and Zoning Board and City Council. You can also send me a letter in the
mail. If you send me an email, 1 will respond back and let you know 1
received it and that the email will be printed. Entails can be sent to
JHolland @fcgov.com
➢ You can also go the Planning and Zoning Board and City Council
hearings and provide comments.
e. Can the annexation be appealed?
➢ Yes, if City Council approves the annexation, this decision can be
appealed. It may be helpful to seek the advice of an attorney on how to
file an appeal of the decision.
2. Taxes:
a. Our current PID real estate tax rate is 16.258. What is the real estate millage rate
for Fort Collins?
➢ The City's property tax rate is 9.797 mills.
b. Will our PID be canceled when we are annexed? How does that happen?
➢ Once the annexation is complete, the PID can come under the City's
jurisdiction. It would then be the city's responsibility to dissolve the PID.
There is a specific state statute for dissolving PIDs. Typically the mill levy
would be lowered to zero until the current PID fund balance is expended.
PID would then be dissolved by the City after expending all funds.
c. Will we get a refund of the balance in our PID fund?
➢ County staff has explained that the money cannot be refunded, but the
administration of the PID could be transferred over to the City. This
would enable the City to allocate the funds towards routine maintenance
at a later time when the maintenance is needed, and then dissolve the PID
once the funds are expended.
d. We will pay our PID tax with our January tax bill. When would the Fort Collins
real estate tax bill be first levied, i.e. we would not have to pay both the PID and
the Fort Collins real estate tax in 2014?
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c. What are the chances that the Planning and Zoning Board and the City Council
will agree to our annexation?
➢ Staffs role is to provide information and make a recommendation for
approval or disapproval of the annexation. The Planning and Zoning
Board also makes a recommendation to City Council. The decision to
approve or disapprove the annexation rests with City Council.
➢ Some of the factors that are considered with the recommendation for
approval are based on State law:
o That it is desirable and necessary that such area be annexed to the
City of Fort Collins;
o That not less than one -sixth (116) of the perimeter of the area
proposed to be annexed is contiguous with the boundaries of the
City of Fort Collins;
o That a "community of interest" exists between the area proposed
to be annexed and the City of Fort Collins. The fact that the area
proposed to be annexed has the 116 contiguity with the annexing
municipality required can be a basis for a finding of compliance
with the "community of interest" requirement. Other examples of a
"community of interest" that may be considered are: whether a
portion of the residents have recreational, civic, social, religious,
industrial, commercial, and employment interests in the annexing
municipality;
o That the area to be annexed is urban or will be urbanized in the
near future;
o That the area proposed to be annexed is integrated with or capable
of being integrated with the City of Fort Collins. This integration
often involves the ability to provide utilities and other public
services.
d. How can I let the City know that I oppose or support this annexation?
➢ As coordinated by the Clydesdale Park HOA, 1 have received a compiled
list of signatures of support from neighbors. I have also received letters
from the HOA expressing support for the annexation. These documents
will be given to the Board and Council.
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6-5-2014
Clydesdale Park Annexation Questions
1. Annexation process:
a. The original developer signed an Annexation Agreement in 2001. Does the city
plan to use that as a vehicle to annex Clydesdale Park or do we have to go through
the whole `request' process with residents signing petitions?
➢ Annexations are typically processed through a document called an
Annexation Petition. The Petitioners sign this document affirming that
they "comprise more than fifty percent (50%) of the landowners in the
area and own more than fifty percent (50%) of the area to be annexed".
➢ The Annexation Agreement provides the City with "power of attorney " to
proceed forward with the annexation on behalf of the property owners
without the need for residents to sign the Petition.
➢ This Annexation Agreement is typically required during the County
development review process, because it helps facilitate annexations that
may happen sometime in the future that aren't able to happen at the time
of the development. This is the case with Clydesdale Park. When the
Clydesdale Park subdivision was planned and approved, it could not be
annexed into the City because it did not share a common boundary with
the City limits at the time. Now that a common boundary does exist, the
City may now initiate the annexation process through the Annexation
Agreement.
➢ This "common boundary" is one of the most significant factors needed for
an annexation to happen. This simply means that the area being annexed
must touch the City limits. At least 116 of the total boundary of the area to
be annexed must be connected to the existing City Limits. Municipalities
must have this common boundary or "contiguity" for an annexation to
occur.
b. How long will the annexation process take?
➢ Typically an annexation process takes about 4 months once the annexation
process is initiated. The schedule takes into account State law as well as
the available dates for City Council meetings.
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