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HomeMy WebLinkAboutBLEHM - HOMESTEAD ANNEXATION (ENCLAVE) - ANX170002 - CORRESPONDENCE - CITY COUNCILf CollegePlanning 281 North P.O. Box 580 COFort Collins, OW22.0580 4M • f r �, , MEMORANDUM June 27, 2017 Mayor and City Councilmembers Darin Atteberry, City Manager Jeff Mihelich, Deputy City Manage Laurie Kadrich, Planning, Development and Transportation Services Directaoluko Tom Leeson, Community Development and Neighborhood Services Director Cameron Gloss, Planning Services Manager AV- - Kai Kleer, Associate Planner 6-26-17 LPT Follow-up - Community Messaging of Stormwater Fees during Enclave Annexations The purpose of this memo is to respond to a question from the Leadership Planning Team about how staff communicates the assessment of the monthly stormwater fee to affected property owners within enclave annexations. Planning Services has developed a coordinated effort prior to all enclave annexations to address changes that will happen when a property becomes part of the City of Fort Collins. In regards to the stormwater fee, Shane Boyle, Stormwater Engineer, was present during our February 23, 2017 neighborhood meeting for the Blehm-Homestead Enclave Annexation. Shane provided a verbal explanation of the monthly stormwater fee and answered all follow-up questions, particularly how the fee is adjusted for large residential lots approved in the County. In addition to the presentation, a FAQ sheet (see attachment, pp. 11-12) provided information further addressing how the stormwater fee is calculated and a comparable example from a neighboring property. 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. How is it that our properties became enclaves? The properties near South Timberline, Ziegler and Kechter Roads have been divided into four 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. • Lehmantrimbedine 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 became an eligible enclave on January 17, 2014. Mail Creek Second Annexation Properties: This enclave consists of 43.698 acres and 11 parcels located at the northeast and southeast comers of Timberline Road and Kechter Road with the exception of the parcels owned by the Jehovah's Witnesses Church and the Thodand Subdivision, which are already part of the City of Fort Collins. As a result of the Mail Creek Crossing Annexation, these properties became an eligible enclave on January 17, 2014. Blehm-Homestead Annexation Properties: This enclave consists of 109.242 acres and 26 parcels located on the north and south sides of Kechter Road, in between S Timberline and Ziegler Roads. Because of the Kechter Farm Annexation, these properties will fulfill the 3-year eligibility requirements on May 16, 2017. What is an enclave • 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 -recent example•an enclave- • Yes, there were four Southwest Enclave Annexations totally 1,603 acres (2.7 square miles) that were phased in over time and were adopted by City Council between 2006 and 2013. How longwill the annexationprocess initiated.is 3. Zoning and Land Use 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: 0 Rennat Property — Low Density Mixed -Use Neighborhood, LMN; Medium Density Mixed -Use Neighborhood, MMN; and Neighborhood Commercial, NC. Timberline — U- - 0 Mail Creek • r — Urban Estate, legalWhat if I am a existinguse in LorimerCountybut notin the City of • • 12 consecutive months the nonconforming use is then considered "abandoned" and Will not be able to continue. To find more information on nonwxnkiff r*-iDiw-fzw Fort Collins Land Use Code. q What if I want to build an extended family dwelling, second house, guest house or exchange residency for services for our property/farm. In the County, no parcel can be used for more than one principal building. Additional buildings on a parcel are allowed only If they meet the requirements for an "Accessory Living Area." This is a detached structure and the size is capped at 40% of the square footage of the primary single family dwelling, excluding any garage or basement (whether finished or not), or capped at 800 square feet, whichever is less. This Accessory Living Area cannot be separately rented out or conveyed to a party different from the principal dwelling and can only be used by guests or caretakers. One additional parking space is required. The review process is at the administrative staff level with notice to surrounding property owners. The water and sewer districts would require new taps. Both taps, combined, would cost approximately $38,884. In the City, under Urban Estate zoning, separate dwellings must be on their own individual lot. The minimum lot size is one-half acre. Or, the maximum allowable density (3 acres x 2 = 6 units) could be clustered on one half of the lot (3 acres) with the remaining half preserved as open space. The review process for platting additional lots is as follows: • A single one-half acre lot is reviewed by staff with notice to the surrounding property owners; • Platting up to six one-half acre lots is considered in a public hearing by the Hearing Officer with notice to surrounding property owners. • A cluster plan of up to six lots would be considered by the Planning and Zoning Board with notice to surrounding property owners. What if our development has a private covenant, will the City of Fort Collins preempt the covenant, and how? Yes, the City will preempt a private covenant 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". P explainCan you ifference between Urban Estate i (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 an Estate 'O Farming (FA-1) Animal boarding (limited to farm/large animals). Agricultural labor housing (S) Apiary (R) Commercial poultry farm (S) Equestrian operation (PSP/MS/ S)—See section 4.3.1 Farm (R) Feedyard (S) Fur farm (S) Garden supply center (S) Permitted - See Greenhouse (R) Commercial/Retail Livestock veterinary clinic/hosphal (MS/ S)—See section 4.3.1 Packing facility (R) Permitted — See Pet animal facility (MS/ S)— Commercial/Retail See section 4.3.1 CI Pet animal veterinary clinic/hospital (MS/ S)­,,See section 4.3.1 Sod farm, nursery (R) Tree farm (R) Residential Urban Estate (UE) 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 de` c Single Family Dwelling dwellings. Storage buildings and garages (R)---See section 4.3.2 Duplexes Residential cluster developments. Single-family attached dwellings. Institutional Urban Estate (UE) Farming (FA-1) m Cemeteries. Cemetery (S) Permitted —Commercial I Retail Childlelderly care center (S) Community hall (MS/S)— . and private schools for School, nonpublic (S) elementary,Public -. and schoolhigh education. �State-kensed'group'. Giolucourses. - .- . Shooting tango 1hor public facilities. .. '- -. -- _ • - - _ - �, .... . ... .......... . .. . . .... ..... -1��11-111-----,.-..l.l ------ -. -- Industrial Mining N 4. Utility Services electricWhy make us a pay an r rge when we the City of Fort Collinsis annexing us unwillingly9. 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: 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. �7 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. For further information, please contact Phil Ladd, Utilities Financial Operations Manager, 970- 221-6751 or claddefcgy .c m 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. A new smart meter will replace the existing meter in the same location at the time of service transfer. if you would like to change the location of the meter, Light and Power staff will work with you to extend or relocate the secondary service wire on a time and materials basis. Otherwise, the new meter will be installed into the existing socket. Light and Power staff will contact you once the project has been assigned to a Project Manager. In addition, you will be contacted by the Crew Chief prior to the service being transferred. There will be an electrical shut down for about one to two hours while the new system is installed. If you have any questions regarding the electrical changeover, please contact Janet McTague, 224-6154, 0 What about solar rebates? Currently, rebates are available for approximately 300 residential customers and multiple projects up to 1-megawatt total for commercial customers. You will receive full credit for the electricity generated by your PV system through our net metering program (see rates here). Information about federal tax incentives is available at Energy Star and the Solar Energy Industries Association. Available Rebates Residential: $0.50/Watti, up to 3 kilowatts (kW) Commercial: $0.50/Watt*, up to 200 kilowatts (kW) Application i l Utilities will begin accepting and confirming rebate applications for the 2017 rebate program on Jan. 1, 2017 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. differenceWhat is the 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. 1 Rebate amounts are based on $0.50/Watt 20-year Renewable Energy Credit (REC) purchase. 2 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. 10 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: Example: 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 Factor4 - based on the percentage of impervious area (surfaces that do not absorb water) such as buildings, parking lots and concrete Rates:Formula for Estimated Monthly Single-family Lots Less than 12,000 Square Feet Monthly Rate = Lot Size x $0.0041454 x Rate Factor Single-family Lots Over 12,000 Square Feee Monthly Rate=12,000 x $0.0043527 x Rate Factor plus (Lot Size-12,000) x $0.0043527 x Rate Factor x 0.25 3 This is an estimated fee based on 2017 rates. A stormwater fee specialist will be able to calculate the exact fees. 4 See table on next page. 5 These lots receive a reduction in fees on that portion of the lot greater than 12,000 feet. 11 For further information, please contact Jill White, Utility Fee Rate Specialist, 970-416-2139, ilwhite@fcgiov.com 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. Septic Systems are solely regulated by Larimer County Department of Health and Environment. If you have any additional questions, please contact the Larimer County Health Department by phone at (970) 498-6700 or visit htip://www.co.ladmer.co.usthealth/ehs/isds.asp. Will my water or wastewater services change 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/. 12 5. Taxes 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'" u r -1 l 39.558 39 sw Larimer County 21.882 21.882 u r -1 Bonde 13.072 13: 7 Poudre Valley Fire District 10.595 Fort ColllnW 9.797 f Ity 2.167 2.167 flKlill Larimer County Pest Control District 0.142 0.142 SUBTOTAL 92.134 92.932, South Fort Collins Sanitation District 0.476 0.476� TOTAL 92.610 93.408 s 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) 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. e 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. 13 Will e 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 appiied.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. Fort Collins J r District No, sales tax is not assessed to the Fort Collins Loveland Water District. Southrns Sanitation District No, sales tax is not assessed to the South Fort Collins Sanitation District. How will the assessor determine h 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. Reappraisal201512016 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 14 r 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. What is the difference between City sales tax and County sales tax? St to of Colo do 2.9% rimer County 0.65% Total Sales Tax (LarimerCounty) 3.55% City of Fort Collins 3.85% 3.85% Tax includes Total Sales Tax (City of Fort Collins) 7.40% 2.25% Base Rate .25% Community pital Fort Collins Lodging Tax addition to 3.0% Improvement Program above) (Expires 2025) Total Accommodations Tax 1 0.400 .5%® Street Maintenance (Expires 2025) Fort Collins Tax on Food For Home 2.25% 8 .25% Open Space (Expires Consumption (contact State of Colorado 2030). regarding taxability) .85%Keep Fort Collins Great Total Food Tax 2.25g; (Expires 2020) For further information, please contact Tiana Smith, tjsmith®fcgov.com LE 6. Public Improvements Since 20009 Twin Silo Park (formerly Southeast Community Park) • 7'" community park in the City • Currently under construction • 54 acres in size • Total cost approximately 16M • Opens Fall 2017 Radiant Park • Neighborhood park • Completed in 2013 • 10 acres in size Total cost approximately 3M Harmony Park • Neighborhood park • Completed in 2002 • 10 acres in size • Total cost approximately 2.3M Fossil Creek Park • Amenities: Lighted ball fields; basketball courts; sports fields; lighted tennis courts; playground; shelters; restrooms; skate park: interactive -water feature; dog park • Completed in 2003 • Total cost approximately 5.7M Area Street Improvements Since 200 • Lemay Avenue Widening Project • Horsetooth/Zlegler Roundabout • ZiegledDrake connection 9Total parks investment is $21.3 million, and counting. 16 • HorsetoothMmberline intersection improvements • Harmony/College intersection improvements • Harmony widening to six lanes (Boardwalk to 1-25), including intersection improvements at Lemay, Timberline, Ziegler and Bridge reconstruction east of Ziegler • Kechter/Ziegler Roundabout • Carpenter/Lemay Improvements • Trilby/Timberline Intersection Improvements • 1-25 and 392 complete interchange reconstruction Area Transportation Improvements Since 2000 • Mason Trail / Fossil Creek Trail extension to Lemay including Lemay and College Underpasses • MAX line south of Harmony • Trilby Underpass for Power Trail • Power Trail -- Harmony to Trilby (Phase 1), Trilby to Carpenter (Phase II) • Expanded Transfort service • Harmony/1-25 Park and Ride improvements Area Community Facilities Since 2000 • New library at Front Range Village 7. Other Commonly Asked Questions Will I be able to use fireworks? The use of fireworks is prohibited within the City of Fort Collins unless a special permit is acquired. iJ How many horses per acre are you allowed to have in the City as compared to the County? Municipal Code Section -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 ('h) acre of pasture area is available for each horse or pony. Horses per Acre J% Acre / Horse h Acre / Horse10 How many chickens and roosters can I have • May keep up to 8 chicken hens • No roosters Will our carregistered when we are in the City of Fort Collins? Yes. You will be required to register your cat. The cities of Fort Collins, Wellington and Loveland require all cats and dogs be registered. Ladmer County and Timnath require the registration of dogs only. Registration is simple. Simply provide proof that your pet's rabies shots are current, complete the application and provide the required fee(s). Fees are as follows: Animals 4 months to one year of age: $12.00 Animals 'I year and older, spayed or neutered: $12.00 Animals 1 year and older, not spayed or neutered: $35.00 Fees for Senior Citizen pet guardians (age 62 and older): Animals under one year of age: $5.00 Animals 1 year and older, spayed or neutered: $5.00 Animals 1 year and older not spayed or neutered: $35.00 Optional Cat Licensing Where Not Required: $5.00. Larimer County and Timnath residents may elect to purchase a voluntary Cat License for $5.00. Replacement tags are $2.50. For more information you can contact the Larimer County Humane Society at (970) 226-3647 extension 201 or visit .I rim ne.o 10 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. 18 City of 11 e 11� 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 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? • Faster police response time • Voting for a Mayor and Council Member (District 3) • Less Expensive Electric Rates • Urban level services • 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 hffp.11www. Icqoy.coml to rind out more. What is Neighborhood Services? Neighborhood Services offers a variety of services and programming to promote quality neighborhoods, including: • Assistance in organizing your neighborhood or meeting facilitation, • Free use of our copier for a neighborhood newsletters or fliers, • A Neighborhood Grant Program for help financially with big projects or events, • An Adopt -A -Neighbor Program for residents who need help shoveling snow, • Helpful wording for common neighborhood letters or emails, • A free, bimonthly e-newsletter called Neighborhood News with articles for your newsletter, and • Free welcome bags for new neighbors. 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, b=s://clients.gpMcate.com/newreatiest.-h.-?Id=150you will be able to submit a question, comment or service request on myriad topics 24 hours a day, seven days a week. K11