HomeMy WebLinkAboutMAIL CREEK CROSSING - SECOND ANNEXATION & ZONING (ENCLAVE) - ANX160007 - REPORTS - INITIATING RESOLUTIONNOTICE
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted
Resolution 2017-007 initiating annexation proceedings for the Mail Creek Crossing Section
Annexation, consisting of approximately 42 acres and generally located in southeast Fort Collins,
abutting the east side of South Timberline Road and bisected by Kechter Road, said Annexation
being more particularly described in Resolution 2017-007. This is an enclave annexation.
That, on February 21, 2017, at the hour of 6:00 p.m., or as soon thereafter as the matter
may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort
Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation
and zoning request for the purpose of finding and determining whether the property proposed to
be annexed meets the applicable requirements of Colorado law and is considered eligible for
annexation as an enclave and for the purpose of determining the appropriate zoning for the
property included in the Annexation. At such hearing, any persons may appear and present such
evidence as they may desire.
It is proposed that the Property included in the Annexation be placed in the Urban Estate
("U-E) Zone District.
The City of Fort Collins will make reasonable accommodations for access to City
services, programs and activities and will make special communication arrangements for persons
with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Dated this 17th day of January, A.D. 2017.
City Clerk
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
17th day of January, A.D. 2017.
ATTEST:
City Clerk
Mayor
-3-
THENCE ALONG THE WEST LINES OF KECHTER ANNEXATION NO. 3 AND THE
KECHTER CROSSING ANNEXATION, S00002'21"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, S89038'35"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 150000'00", AND A CHORD WHICH BEARS
N75019'17W 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 S45021'22"E, A DISTANCE OF 42.32 FEET TO THE POINT OF BEGINNING;
THENCE N00012'29"W, A DISTANCE OF
530.00 FEET; THENCE N89°29'46"E, A
DISTANCE OF 318.48 FEET;
THENCE S00010'32"E, A DISTANCE OF 530.00 FEET;
THENCE S89029'46"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.
Section 3. That the City Council hereby initiates annexation proceedings for the
above -described property.
Section 4. That the Notice attached hereto is adopted as a part of this Resolution.
Said Notice establishes the date, time and place when a hearing will be held regarding the
passage of an annexation ordinance pertaining to the above described property. The City Clerk
is directed to publish a copy of this Resolution and said Notice as provided in Section
31-12-108(2), C.R.S.
-2-
RESOLUTION 2017-007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
STATING THE INTENT OF THE CITY OF FORT COLLINS
TO ANNEX CERTAIN PROPERTY AND INITIATING ENCLAVE
ANNEXATION PROCEEDINGS FOR SUCH PROPERTY TO BE
KNOWN AS THE MAIL CREEK CROSSING SECOND ANNEXATION
WHEREAS, the property hereinafter described has, for a period of not less than three
years prior to this date, been completely contained within the boundaries of the City of Fort
Collins; and
WHEREAS, the City Council desires to initiate annexation proceedings in accordance
with law.
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 intends to annex the following described property,
to be known as the Mail Creek Crossing Second Annexation, situate in the County of Larimer,
State of Colorado, 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, N89050'37"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 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, N89029'46"E, A DISTANCE OF 291.72 FEET;
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F�f..�ns
Industrial
Commercial/Retail
Accessory/Miscellaneous
Permitted — See Accessory/
Miscellaneous
Urban Estate (UE)
Resource extraction, processes
and sales.
Composting facilities.
Small-scale and medium -scale
solar energy systems.
Bed and breakfast
establishments with no more
than six (6) beds
Plant nurseries and
greenhouses.
Animal boarding (limited to
farm/large animals).
Radio and television
transmitters (S)
Farming (FA-1)
Permitted — See Agriculture
Permitted — See Agriculture
Adult day/respite care centers.
Child care centers Permitted — See Institutional
Small scale reception centers.
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.
Farm animals.
Urban agriculture.
13
Permitted — See Utilities
Permitted — See Agriculture
City of
Fort Collins
Goff courses.
Wildlife rescue and education
State -licensed group home
(S)
Country club (S)
Golf course (S)
Membership club (S
Shooting range (S)
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
Bed and breakfast (MS/S)—
Commercial/Retail
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
WA
�of
t Collins
f�
Kesioenuai
Institutional
Urban Estate (UE)
Sod farm, nursery (R)
Tree farm (R)
Farming (FA-1)
Dwelling, cabin (R)—
See
Group home for the aged (R)
Group homes for up to eight (8) Group home (R)
developmentally disabled or
elderly persons.
Group home for the mentally
ill (R)
Single-family detached Single Family Dwelling
dwellings.
Storage buildings and
garages (R)—See section
4.3.2
Duplexes
Residential cluster
developments.
Single-family attached dwellings.
Urban Estate (UE)
Cemeteries.
Permitted -Commercial / Retail
Places of worship or assembly
Public and private schools for
elementary, intermediate and
high school education.
11
Farming (FA-1)
Cemetery (S)
Child/elderly care center (S)
Church (MS/S) See section
4.3—See section 4.3.4
Community hall (MS/S)—See
section 4.3.4
Hospital (S)
School, nonpublic (S)
Fort Collins
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.
Agriculture
Urban Estate (UE)
Animal boarding (limited to
farm/large animals).
Fanning (FA-1)
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
Greenhouse (R)
Commerciai/Retail
Livestock veterinary
clinic/hospital (MS/ S�--See
section 4.3.1
Packing facility (R)
Permitted — See
Pet animal facility (MS/ S)—
Commercial/Retail
See section 4.3.1
Pet animal veterinary
clinic/hospital (MS/ S)—See
section 4.3.1 j
10
Fort Collins
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
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
1.000
1.000
District
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)
s 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-
9
.L
Fort Collins
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/.
H-
Fort Collins
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?
• Faster police response time
• Voting for a Mayor and Council Member (District 3)
• Less Expensive Electric Rates
• Urban level services
• Neighborhood Services(http://www.fcgov.com/neighborhoodservices/)
• 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 (112) acre of pasture area is available for each horse or
pony.
Horses per Acre
Acre / Horse'
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.
7
Fort Collins
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
• 2.25% Base Rate
Total Sales Tax (City of Fort Collins)
7.40%
• .25% Community Capital
Fort Collins Lodging Tax (in addition
3.0%
Improvement Program
to above)
(Expires 2025)
• .25% Street Maintenance
Total Accommodations Tax
10.40%
(Expires 2025)
Fort Collins Tax on Food For Home
2.25%
Consumption (contact State of
• .25% Open Space
Colorado regarding taxability)
(Expires 2030).
-
• .85%Keep Fort Collins
-
Total Food Tax
2.25%
Great (Expires 2020)
A
Fort Collins
_,"_............
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.
`1
Fort Collins
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:
:95 .91-1.0 Very Heavy
**typical for residential
i
2 See table on next page.
4
Fort Collins
11
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 / know about?
tormwater 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:
Lot 1 2224 Kechter Road 100,188 (2.3 5443 $37
Acres)
Lot 2 2220 Kechter Road 107,158 (2.46 4421 $38
Acres)
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 - based on the percentage of impervious area (surfaces that do not absorb
water) such as buildings, parking lots and concrete
This is an estimated fee based on 2017 rates. A stormwater fee specialist will be able to calculate the
exact fees.
3
City of
FortCollins
f�
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:
E
ATTACHMENT
c r. c f
,Fort Collins
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.
Mail Creek Crossing Second
N1
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Structure Plan
ATTACHMENT
Legend
r
City Limits Neighborhood Commercial District
Water Urban Estate
® Mail Creek Crossing Second Low Density Mixed -Use Neighborhoods
Medium Density Mixed -Use Neighborhoods
_ Open Lands, Parks and Stream Corridors
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Water Medium Density Mixed -Use Neighborhood (MMN)
® Mail Creek Crossing Second Low Density Residential (RL)
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Printed: November21, 2016
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Mail Creek Crossing Second ATTACHMENT 1
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Printed: November 21, 2016
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Agenda Item 12
Mail Creek Crossing Second Annexation is an 11-parcel enclave that was surrounded by the City of Fort
Collins upon the annexation of the Mail Creek Crossing Annexation on January 7, 2014. The enclave
annexation is located in southeast Fort Collins, abuts the east side of South Timberline Road and is bisected
by Kechter Road. Below is a list of the 11 parcels contained within the enclaved area.
Property Address
Parcel Number
Acres
5318 S Timberline Road
8605305004
3.01
5332 S Timberline Road
8605305003
2.29
5408 S Timberline Road
8605305002
2.29
5416 S Timberline Road
8605305001
2.26
5428 S Timberline Road
8605300005
3.00
2124 Kechter Road
8605300009
1.53
2200 Kechter Road
8605300014
2.46
2205 Kechter Road
8608000011
9.26
2217 Kechter Road
8608000014
5.94
5708 S Timberline Road
8608000009
8.03
5716 S Timberline Road
8608206701
2.30
Total
42.37
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board will conduct a public hearing for the annexation and zoning request on
February 9. 2017. The Board's recommendation will be forwarded to City Council as part of the First Reading
of the annexation and zoning ordinances on February 21, 2017.
PUBLIC OUTREACH
An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code.
However, on November 15, 2016, City staff held a stakeholder meeting to answer questions and inform
residents of any changes that may result from annexing into the City. Representatives from Planning Services
and Municipal Light and Power were present to explain any potential difference in electrical rates, services,
zoning and infrastructure. Attachment 4 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. Structure Plan (PDF)
4. Answers to Residents' Questions, November 15, 2016 (PDF)
Item # 12 Page 2
Agenda Item 12
STAFF
Kai Kleer, Planning Technician
Ted Shepard, Chief Planner
SUBJECT
Resolution 2017-007Stating the Intent of the City of Fort Collins to Annex Certain Property and Initiating
Enclave Annexation Proceedings for Such Property to be Known as the Mail Creek Crossing Second
Annexation.
EXECUTIVE SUMMARY
This is a City -initiated request to annex a 42.37-acre enclave consisting of 11 parcels into the City of Fort
Collins. The parcels became an enclave with the annexation of the Mail Creek Crossing Annexation on
January 7, 2014. As of January 7, 2017, the City is authorized to annex the enclave by ordinance in
accordance with Colorado Revised Statutes § 31-12-106. The Mail Creek Crossing Second Annexation is
located in southeast Fort Collins, abuts the east side of South Timberline Road and is bisected by Kechter
Road. The requested zoning for this annexation is the Urban Estate (UE) zone district, which complies with the
City of Fort Collins Structure Plan. The surrounding properties are existing residential, education (Bacon
Elementary), and agriculture land uses.
The proposed Resolution makes a finding that the property at issue has been completely contained within the
boundaries of the City for not less than three years, initiates annexation proceedings, sets a hearing date for
the annexation ordinance and directs the City Clerk to publish notice. The hearing will be held at the time of
first reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required by
state law.
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 Agreement Regarding Growth Management.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution
BACKGROUND / DISCUSSION
This is an involuntary enclave annexation of 11 parcels located within the Growth Management Area (GMA).
According to policies and agreements contained in the Larimer County and City of Fort Collins
Intergovernmental Agreement (IGA) regarding Growth Management dated June 24, 2008, as amended (IGA),
the City of Fort Collins agrees to consider annexation of property in the GMA when the property becomes
eligible for annexation under the Colorado Revised Statutes.
In addition to the policies contained within the IGA, the City of Fort Collins has a long-standing history of
annexing property that becomes eligible within the GMA in order to maintain the community's vision as outlined
in the City's Comprehensive Plan.
Item # 12 Page 1