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HomeMy WebLinkAboutRIDGE ANNEXATION & ZONING - 1-89, A - SUBMITTAL DOCUMENTS - ROUND 1 - ANNEXATION DOCUMENTSANNEXATION INFORMATION This short report will attempt to present some basic information concerning the annexation of territory into the City of Fort Collins. Additional questions can be addressed to the City's Planning Department at 221-6750. Colorado Annexation Statutes Under Colorado law, there are three types of annexation processes through which a municipality may add to its incorporated territory. The three types of annexations are: (1) 100% Voluntary Annexation; (2) 50%+ Voluntary Annexation; and (3) Involuntary annexation of a county enclave. A 100% voluntary annexation consists of an Annexation Petition signed by all property owners and all residents of the area desiring to be annexed. A 50%+ voluntary annexation consists of an Annexation Petition signed by less than 100% but more than 50% of all property owners and all residents of the area desiring to be annexed. In order for a municipality to act on a 50%+ type of voluntary annexation, an annexation election must be held and if favorably passed by the residents and property owners of the area to be annexed the municipality may annex the area. Both types of voluntary annexations must satisfy a minimum 1 /6 contiguous boundary requirement. A county enclave is an area which is eligible for annexation because it has been completely surrounded by properties which have been annexed into a city for a period of three or more years. A municipality may annex these areas anytime after the three year period expires. The City of Fort Collins and Larimer County have adopted several policies and agreements related to annexation. These are contained in the INTERGOVERN- MENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. According to the agreements, the City will annex any property which petitions for voluntary annexation (the County has agreed not to approve any develop- ment request - rezoning, subdivision, or planned unit development application -on any property which is eligible for voluntary annexation). The City has also agreed to annex county enclaves when they become eligible for involuntary annexation. Annexation of land means certain benefits and obligations to the annexing municipality and property owners. These are summarized below. Growth Management/Land Use Regulations Annexation allows a municipality to increase its land area to accommodate new growth and development and expand its tax base. A city can manage this growth and development through the application of its' land use regulations to the annexed areas. Land use regulations are usually in the form of zoning, subdivision, and planned unit development ordinances. The City's Sign Code regulations also apply to existing businesses located on annexed properties. There is, however, an amortization period of five years for existing signs to be brought into conformance with City code requirements. Following annexation, the City will apply its Zoning Ordinance to the area. New development and redevelopment of existing uses must conform to City zoning codes requirements. Existing uses on properties which are annexed are legal uses and cannot be terminated due to annexation whether or not they conform to the City zoning code requirements applied to the property. This provision includes the keeping of farm animals on properties. Expansion of these "legal non -conforming uses" is also possible through City development review and public hearing processes. Taxes The annexation of new territory can be a source of additional revenue to a municipality. This revenue basically comes from the following sources: 1. Property tax. After annexation, the County Assessor will apply a municipality's property tax mill levy to an annexed area and the corresponding increase in taxes must be paid. Specifically, the City of Fort Collins' 8.797 (1989) property tax mill levy will be applied to annexed areas. However, upon annexation to Fort Collins, the 8.777 (1989) property tax mill levy for the Poudre Fire Authority will be eliminated from a property's assessments. Thus, from a property owner's perspective, the net property tax increase after annexation is 0.020 mills. All other tax assessments against a property, such as County taxes, School District taxes, and any special district taxes, will remain after annexation. In addition to the City's property tax mill levy, Fort Collins applies its storm drainage basin fee to each property after annexation. 2. Sales and use taxes Residents annexed into the city will have to pay city sales tax on consumer goods and services, particularly on "big ticket" items such as automobiles and appliances. Business and commercial establishments will have to charge city sales tax but, should already be charging city sales tax to city residents. City sales tax is also charged on electric utility usage. Commercial establishments annexed must also pay a use tax on interior items, such as furnishings, used in conducting the business. Properties which receive City utilities after annexation would be charged the appropriate utility user fee rate for the utilities. In cases where a property was already receiving City utilities, the utility user rate would drop since the City charges higher fees for out -of -city utility services. 3. Licenses Existing commercial establishments located within an annexed area would have to acquire the appropriate licenses from the City of Fort Collins in order to conduct their operations within the city limits. Fees for these licenses are typically minor in nature. 4. Development fees New development and redevelopment activities on properties annexed into the city will have to pay current City development fees where applicable. These fees could include water and sewer utility plant investment and tap fees, street oversizing fee, storm drainage fee, parkland fee (for residential developments only), development application fees, and building permit fees. 5. Community Development Block Grants/Lottery Funds Grant funds given to the City of Fort Collins from federal and state programs are typically based on formulas which include population totals as a critical component. Thus, if the City annexes developed residential areas there should be an increase in revenue from these sources because of higher population numbers. Services and Facilities A municipality commits to providing public services and facilities to newly annexed areas. The various types of services and facilities are summarized below: 1. Utilities (water, sewer, electric power) A municipality would normally provide public utilities - water, sewer, and electricity - to newly annexed areas and would collect the appropriate develop- ment and user fees for the provision of those utilities. However, within the Fort Collins UGA boundary, the City has negotiating "service area agreements" with private utility districts to determine which agency can best provide water and sewer service to certain areas, both inside and outside of the city limits. The exception is electrical power which will be provided by the City to all annexed areas. Conversion from an existing electric utility to City electric utility service is done at no cost to the customer. City electric utility rates are typically lower than other electric power suppliers. Existing development would normally retain existing utility services (except electric power) upon annexation. Services would not change unless a property redeveloped or the existing service, such as a septic system, failed and created a public health hazard. As indicated above, when connection is made to City water and sewer utilities (but not electricity) the appropriate fees will be charged. 2. Police protection A municipality also expands its police protection service to annexed areas. Usually, this results in a substantial increase in the level of police protection in the form of improved emergency response times, more frequent patrol ser- vice, better crime prevention and home security inspection programs, and traffic enforcement. 3. Street maintenance As annexed areas develop or redevelop, streets are required to be constructed or upgraded to the City's street design standards for safety and maintenance purposes. These standards include street paving installation requirements, and the provision of curbs, gutters, sidewalks, and street lights. According the UGA Agreement with Larimer County, any new streets .built within the UGA boundary must be consistent with City design standards. This requirement is designed to eliminate the necessity of upgrading streets after an area annexes to the city. When an existing development, which has streets which do not conform to the City's street design standards, is annexed, there is no requirement that existing streets be reconstructed to current design standards. The City will maintain these streets but will not upgrade the street without participation from affected property owners, usually through the use of a special improvement district. 4. Mass transit As the community continues to grow the demand for expanded mass transit service will also increase. As areas annex into the city, new and revised plans will have to be made to change routes and/or add buses to serve new areas. Presently, the City's bus system cannot serve outside of the city limits due to Public Utility Commission regulations. 5. Parks and recreation The demand for parks and recreation facilities and services will also increase from annexed areas as they develop. According to the UGA Agreement with Larimer County, the County collects a parkland fee equivalent to the . City's fee from new developments within the UGA. The County fee is to be spent within the area from which it was collected or be turned over to the City when an area is annexed. Parkland fees are used to purchase and develop neighborhood parks. Participation in City 1overnment Residents of an annexed area will be able to increase their official participa- tion in City government. Presently, county residents can only voice their opinions at public hearings. After annexation, these residents can vote in scheduled and special City elections thereby having a political voice in important decisions made by the City which affect them. Other services and facilities not affected by annexation into Fort Collins The following services and facilities provided by public, quasi -public and private agencies and organizations are not affected by annexation of an area into the City of Fort Collins. These are: natural gas utility, provided by Public Service Company of Colorado; fire protection, provided by the Poudre Fire Authority; schools, provided either by the Poudre R-1 School District or Thompson R24 School District; and hospital services, provided by the Poudre Valley Hospital District. Summary A final point about an annexation is that the decision to annex, or not to annex, a property is at the sole discretion of the City, either through the passage, or non passage, of an Annexation Ordinance by the City Council. In some rare cases, a proposed annexation is subjected to a vote of the citizens of the city at an annexation election, such as the 1983 Anheuser-Busch election. This type of community -wide annexation election should not to be confused with the election required for a 50%+ voluntary annexation in which only property owners and residents of the area proposed for annexation can vote. There is no law which requires a municipality to annex any piece of property.