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HomeMy WebLinkAboutRIDGE ANNEXATION & ZONING - 1-89, A - CORRESPONDENCE - RESPONSE TO CITIZEN (3)Services Planning Department January 31, 1989 Dear Property Owner, In May of 1980, the governments of Larimer County and the City of Fort Col- lins, Colorado, officially adopted a land use planning document known as THE INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. The purpose of the urban growth area was to delineate an area surrounding Fort Collins which was deemed appropriate for the develop- ment of urban types of land uses and residential densities and the provision of urban levels of public services and facilities. One of the stated intents of the urban growth area agreement was to have urban development occur within the City in order that the provision of urban level services by the County would be minimized. One of the key implementation agreements reached between the County and the City deals with the annexation of property within the urban growth area. Essentially, the City has agreed to annex all property within the urban growth area. This annexation agreement extends to both voluntary annexations and the involuntary annexation of county enclaves. County enclaves are areas which have been completely surrounded by the City. The State of Colorado's annexation laws allow a municipality to annex county enclaves which have been completely surrounded for three or more years. Property which you own, and generally located south of Harmony Road and west of Shields Street, is included within such a county enclave. City staff has prepared an Annexation Petition as the first step in the process of annexing your property. More specifically, all properties located either within or adjacent to the Ridge PUD, have been included in an Annexation Petition called: The Ridge Annexa- tion. City staff has also proposed your property be placed into the R-L-P, Low Density Planned Residential, Zoning District. The R-L-P zone is for areas planned as a unit to provide variation in use, density and building placement. The following uses are allowed within the R-L-P zone: (1) Single-family dwellings; (2) Public and private schools for elementary and high school education; (3) Public and nonprofit quasi -public recreational uses as a principal use; (4) Essential public utility and public services installations and facilities for the protection and welfare of the surrounding area, provided that business offices and repair and storage facilities are not included; 300 LaPorte Avenue - P.O. Box 580 - Fort Collins, CO 80522-0580 - (303) 221-6750 0 Annexation Information Page 2 (5) Churches; (6) Group homes, subject to (7) Accessory buildings and (8) Any land use located o processed and approved merit Ordinance. approval by special review; uses; and n a Planned Unit Development plan as defined, according to the City's Planned Unit Develop - The Annexation Petition will be reviewed by the Fort Collins Planning and Zoning Board on February 27, 1989, at the Board's regular monthly meeting scheduled to start at 6:30 PM in the Council Chambers within City Hall West located at 300 LaPorte Avenue. The Board will conduct a public hearing and make a recommendation on the Annexation Petition to the Fort Collins City Council. The City Council will consider official annexation of the property via ordinance on March 21, 1989. County residents typically have many questions regarding the annexation of their property. Enclosed are two sources of additional information regarding annexation. The first is called ANNEXATION INFORMATION and discusses Colorado's Annexation Statutes, taxes, and services and facilities. The second is called ELECTRIC SERVICE INFORMATION and compares City and Poudre Valley REA electric rates for customers. There are two tables of information concerning electric rates, the first compares rates if annexation occurs before April 22, 1989, and the second compares rates if annexation occurs after April 22, 1989. Please note there are considerable electric rate savings if annexation occurs before April 22, 1989. If you have any questions concerning the proposed annexation of your prop- erty, please feel free to contact me. I will do my best to address all of your concerns. Sincerely, Kenneth G. Waido Chief Planner ANNEXATION 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. 0 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 government 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. ELECTRIC SERVICE INFORMATION The City of Fort Collins provides electric service to all areas within the City limits. Following annexation, the City purchases electric facilities from the Poudre Valley Rural Electric Association (PVREA) and assumes respon- sibility for providing electric service to the customers within the annexed area. State law dictates payment formulas for the purchase of this electrical equipment. The City Light and Power Utility is responsible for the payment of these costs. In addition, state law requires a payment for service rights to PVREA for all services within the annexation. The service rights fees are equal to 25% of the City's revenue for electric service to all existing customers within the annexation. The service rights fees are 5% of the City's electric service revenue for all new customers added within the area following annexation. Service rights fees end ten years after the electric facilities are purchased from PVREA by the City. The service rights fees are collected from annexed customers through the City's electrical rates. The fees apply to customers annexed after April 22, 1989. Some county residents are not happy about the idea of being annexed to the City. This seems to vary from family to family. However, Fort Collins Light and Power wants to make sure you are aware that this particular area would be able to save some money in future electrical bills if the annexation occurs before April 22, 1989. The attached tables compare the City's residential electric service rates with PVREA's residential rate. Comparisons are shown for customers annexed before and after April 22, 1989. EXAMPLE: CITY RATES CITY RATES IF ANNEXED IF ANNEXED PVREA KWH/MO KW BEFORE 4/22 AFTER 4/22 RATES 1200 9.8 $60.62 $75.77 $74.05 Thus in this example, the customer would pay $60.62 per month if annexed before April or $75.77 if annexed after April, a savings of $15 per month. If you have any questions concerning the City's electric service or if you would like your bills calculated on Light and Power rates, please call Ellen Alward, Administrative Services Manager, at 221-6700. 700 Wood Street • P.O. Box 580 • Fort Collins, CO 80522-0580 9 (303) 221-6700 e RESIDENTIAL ELECTRIC RATE COMPARISON 1/ IF ANNEXED BEFORE APRIL 22, 1989 FOR CONSUMERS ANNEXED BEFORE 4/22/89 (AND AFTER 10 YEARS OF SERVICE BY CITY) CITY OF FT COLLINS POUDRE VALLEY SAVINGS KWH/MO KW '89 RATES REA 4/88 WITH CITY 200 NA $13.97 $18.05 $4.08 400 NA $25.31 $29.85 $4.54 600 NA $36.65 $41.35 $4.70 800 NA $48.00 $52.55 $4.55 1000 9.1 $54.70 $63.45 $8.75 - - - - 1200 - - - - - - 9.8 - - - - - - - - - - - - - $60.62 - - - - - - - - - $74.05 - - - - - - - $13.43 - - - - 1400 - - - - - - 10.3 - - - - - - - - - - - - - $65.76 - - - - - - - - - $84.65 - - - - - - - $18.89 1600 10.7 $70.51 $95.25 $24.74 1800 11.4 $76.43 $105.85 $29.42 2000 11.6 $80.41 $116.45 $36.04 2500 13.0 $93.84 $142.95 $49.11 3000 13.0 $101.84 $169.45 $67.61 3500 13.3 $111.01 $195.95 $84.94 4000 15.9 $129.10 $222.45 $93.35 5000 16.7 $148.21 $275.45 $127.24 6000 17.3 $166.55 $328.45 $161.90 1/ Sales taxes, where applicable, are not included in the calculations. The City offers customers a choice of residential rates. The amounts shown are from the most economic rate for the average consumer. Assumes Energy Rate to 800 kwh then based on Demand Rate for 1000 - 6000 kwh. These figures are based on the average demand readings of all City customers on demand rate during 1987 - your actual demand and corresponding costs may be higher or lower. 0 • RESIDENTIAL ELECTRIC RATE COMPARISON 1/ IF ANNEXED AFTER APRIL 22, 1989 SAVINGS CITY OF FT COLLINS POUDRE VALLEY (ADDITIONAL COST) KWH/MO KW J '89 RATES Z/ J REA 4/88 WITH CITY 200 NA $17.46 $18.05 $0.59 400 NA $31.64 $29.85 ($1.79) 600 NA $45.82 $41.35 ($4.47) 800 NA $60.00 $52.55 ($7.45) 1000 9.1 $68.38 $63.45 ($4.93) - - - - 1200 - - - - - 9.8 - - - - - - - - - - - - $75.77 - - - - - - - - $74.05 - - - - - - - ($1.72) - - - - 1400 - - - - - 10.3 - - - - - - - - - - - - $82.20 - - - - - - - - $84.65 - - - - - - - $2.45 1600 10.7 $88.14 $95.25 $7.11 1800 11.4 $95.54 $105.85 $10.31 2000 11.6 $100.51 $116.45 $15.94 2500 13.0 $117.30 $142.95 $25.65 3000 13.0 $127.31 $169.45 $42.14 3500 13.3 $138.76 $195.95 $57.19 4000 15.9 $161.38 $222.45 $61.07 5000 16.7 $185.26 $275.45 $90.19 6000 17.3 $208.18 $328.45 $120.27 1/ Sales taxes, where applicable, are not included in the calculations. Includes 25% Service Rights payment to PVREA which ends 10 years after purchase of PVREA facilities by the City Light and Power Utility. The City offers customers a choice of residential rates. The amounts shown are from the most economic rate for the average consumer. Assumes Energy Rate to 800 kwh then based on Demand Rate for 1000 - 6000 kwh. These figures are based on the average demand readings of all City customers on the demand rate during 1987 - your actual demand and corresponding costs may be higher or lower.