AGENDA ITEM SUMMARY January 15, 2019 City Council

Transcription

1 Agenda Item 6 AGENDA ITEM SUMMARY January 15, 2019 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 005, 2019, Annexing the Property Known as the Friendly Fire Enclave Annexation to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY The purpose of this item is to annex a 3 parcel, acre enclave located in northwest Fort Collins. The Initiating Resolution was adopted November 20, The property abuts Laporte Avenue to the south and is situated between Grandview Avenue and North Bryan Avenue. The enclave consists of a combination of a residential and commercial uses. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This is an enclave annexation of three parcels located in northwest Fort Collins that abut Laporte Avenue to the south and are situated between Grandview Avenue and North Bryan Avenue. 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 Growth Management Area (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 on p. 50 of the City s Comprehensive Plan. The Friendly Fire Enclave was surrounded by the City of Fort Collins upon the annexation of the Forney Annexation September 18, 2012, and became eligible for annexation September 18, The surrounding incorporated land consists of the three previous annexations listed below: 1. Babbitt Addition, Radio City Annex, Frey Annexation, 1967 Item # 6 Page 1

2 Agenda Item 6 Below is a list of the three-parcels contained within the enclave area: # Property Address Parcel Number Acres Current Land Use Laporte Avenue Warehouse, place of worship, upholstery shop Laporte Avenue Misc. commercial and residential Laporte Avenue Single-family residence CITY FINANCIAL IMPACTS There are no financial impacts as a result of the proposed annexation. BOARD / COMMISSION RECOMMENDATION At its December 20, 2018, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation. This unanimous action was taken as part of the Board s Consent Calendar. PUBLIC OUTREACH An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code. However, October 11, 2018, City staff held a stakeholder meeting to answer questions and inform residents and owners of property within the Friendly Fire Enclave Annexation of any changes that may result from annexing into the City. No one was in attendance for the meeting and staff provided subsequent follow-up with one property owner over the phone and sent a FAQ sheet that was prepared in advance of the meeting. In addition to the neighborhood meeting, Planning and Neighborhood Services use two strategies to reach the greater community and encourage participation: 1. Posting Development Proposal Under Review sign(s) that provides a contact phone number and project number to connect any interested party directly to staff. Staff is then available to answer any questions they may have. 2. An newsletter called This Week in Development Review is sent to nearly 1,000 people weekly summarizing project submittals (such as the enclave annexation), hearings and other development review related events that happen throughout the City of Fort Collins. ATTACHMENTS 1. Vicinity Map (PDF) 2. Annexation Plat (PDF) 3. Friendly Fire Enclave FAQ (PDF) Item # 6 Page 2

3 Frey Ave ATTACHMENT 1 Maple St Collins Ct Layland Ct Site Laporte Ave Grandview Cemetery Grandview Ave Richards Pl N Bryan Ave W Mountain Ave City Park Nine Golf Course W Mountain Ave City Park S Bryan Ave 1 inch = 208 feet Friendly Fire Enclave Annexation Vicinity Map

4 ATTACHMENT 2

5 ATTACHMENT 3 Friendly Fire Enclave Annexation - FAQ Contents Enclave...3 What is an enclave?...3 How is it that our properties became enclaves?...3 What is an enclave annexation?...3 Is it normal for the City of Fort Collins to annex properties after the three-year period?...3 Can you give us a recent example of an enclave annexation?...3 How long will the annexation process take?...3 Intergovernmental Agreements...4 Does Larimer County have anything to say about enclave annexations?...4 Zoning and Land Use...5 What about City zoning?...5 What if I am a legal existing use in Larimer County but not in the City of Fort Collins?...5 What if our development has a private covenant, will the City of Fort Collins preempt the covenant, and how?.5 Utility Services...6 How will our electric service change?...6 What about solar rebates?...6 Will the tax on our phone bill change?... Error! Bookmark not defined. What is the Stormwater Fee?...7 What if my property is on septic? How will being part of the City of Fort Collins affect me?...8 Will my water or wastewater services change because of the annexation?...8 Taxes...9 What will I pay sales tax on when my residence becomes annexed into the City?...9 Business Tax...9 Do I need a City of Fort Collins Sales and Use Tax/Business License?...9 Are there any other City licenses I should obtain?...9 What are the requirements for renting a room in a house or the entire home?...9 What type of City of Fort Collins tax applies to my business?...9 Are there any types of sales that are exempt from tax? Do I owe use tax on business equipment I owned prior to becoming annexed into the City? Would use tax be due on inventory I have on hand that is for resale to a customer What if I am tax exempt as a religious, charitable or government organization?

6 Additional Resources: How will our property taxes change? Will we be charged additional tax on our utility bills? What are Payment in Lieu of Taxes (PILOTs) and how do they affect utilities customers? How will the assessor determine the value of our property? What is the difference between City sales tax and County sales tax? Other City Regulations & Information How many horses per acre are you allowed to have in the City as compared to the County? How many chickens and roosters can I have on my property? Will our cat need to be registered when we are in the City of Fort Collins? Is a wood burning stove permitted inside the City of Fort Collins? Will the school boundaries change and if so who is responsible for that change? What are some of the upsides of being annexed into the City of Fort Collins? What is Neighborhood Services? What is the best way for me to contact the City of Fort Collins?

7 Enclave What is an enclave? An enclave is a property, or group of properties, that are in unincorporated Larimer County but, due to urban growth and development are now surrounded by the City of Fort Collins municipal boundary. How is it that our properties became enclaves? The properties contained within the Friendly Fire annexation area became an enclave through a combination of four (4) previous annexations that happened between : Friendly Fire Enclave is approximately 1.8 acres in size, contains 4 parcels and a combination of residential and commercial land uses. 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. Can you give us a recent example of an enclave annexation? Yes, there were four Southwest Enclave Annexations totaling 1,603 acres (2.7 square miles) that were phased in over time and adopted by City Council between 2006 and How long will the annexation process take? Typically, an annexation process takes between 3 and 4 months once the annexation process is initiated. 3

8 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. 4

9 Zoning and Land Use What about City zoning? The requested zoning district for the Friendly Fire Enclave annexation is Limited Commercial (C-L) which is in conformance with the City s Structure Plan and Northwest Subarea Plan Land-Use Framework Maps. Once the property is annexed into the City, Larimer County zone districts would be replaced with City of Fort Collins zone districts. What if I am 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 24 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. What if our development has a private covenant, will the City of Fort Collins preempt the covenant, and how? Yes, in some cases the City will preempt a private covenant as outlined in under Section 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. 5

10 Utility Services How will our electric service change? All properties within the Friendly Fire Enclave are already served by Municipal Light and Power and all other service will remain the same after annexation. 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 1 Residential: up to $1,500 Commercial: up to $100,000 Application Timeline Utilities will begin accepting and confirming rebate applications for the 2017 rebate program on Jan. 1, Rebate amounts are based on a $0.50/Watt, 20-year Renewable Energy Credit (REC) purchase 6

11 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 impervious surface and lot size. Below is an example calculation of a stormwater fee for Example of Monthly Fees: Address Estimated Lot SF Rate Factor Estimated 2018 Monthly Fee Laporte Ave 8,500 SF 0.25 (Very Light) $ Laporte Ave 41,800 SF 0.4 (Light) $ Laporte Ave 47,605 SF 0.8 (Heavy) $165 Monthly fee = (lot or parcel area) (rate factor) (base) The base rate for the stormwater utility fee shall be $ per square foot per month for all areas of the City. 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 3 - based on the percentage of impervious area (surfaces that do not absorb water) such as buildings, parking lots and concrete Formula for Estimated Monthly Rates: Single-family Lots Less than 12,000 Square Feet Monthly Rate = Lot Size x $ x Rate Factor Single-family Lots Over 12,000 Square Feet 4 Monthly Rate = 12,000 x $ x Rate Factor plus (Lot Size - 12,000) x $ x Rate Factor x This is an estimated fee based on 2017 rates. A stormwater fee specialist will be able to calculate the exact fees. 3 See table on next page. 4 These lots receive a reduction in fees on that portion of the lot greater than 12,000 feet. 7

12 Rate Factor Table: Rate Factor Percent of Impervious Area (based on land use) Rate Factor Category (based on land use) Very Light Light** Moderate Heavy Very Heavy **typical for residential For further information, please contact Jill White, Utility Fee Rate Specialist, , jiwhite@fcgov.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 your property line is 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) or visit Will my water or wastewater services change because of the annexation? No. Annexed properties will continue to be served by City of Fort Collins water and sewer services. 8

13 Taxes The City of Fort Collins is a home rule municipality. This means the City administers its own sales and use tax regulations. This guide has information and answers to frequently asked questions for residents and homeowners, businesses, charitable and government organizations. Residents and Homeowners: Once your home becomes annexed into the City, you will be subject to City sales tax. This tax is in addition to any State or County tax that may apply. What will I pay sales tax on when my residence becomes annexed into the City? The City taxes tangible personal property and some services. Examples include items delivered to your home, such as furniture and landscaping materials. Taxable services include the purchase of gas, electric and telecommunications services. Additionally, if you purchase a vehicle or pull a building permit, these transactions are subject to City tax. Business Tax If your business is in an area that will be part of a future annexation, you may find the information below helpful. Do I need a City of Fort Collins Sales and Use Tax/Business License? Yes, a business located inside Fort Collins City limits needs to have a Sales and Use Tax License. If you already have a City of Fort Collins Sales and Use Tax License, you don t need to apply again. However, the filing frequency may need to be updated. Are there any other City licenses I should obtain? It s possible that based on the type of business you operate there are additional City licenses that are needed. For example, if you operate a hotel, your business will need a Lodging Tax License. If you operate a business out of your home, you may need a Home Occupation License. If you plan to operate a Short-Term Rental, you will need a Short-Term Rental License. What are the requirements for renting a room in a house or the entire home? If you plan to operate a Short-Term Rental out of a home, you will need a Sales and Use Tax License, Lodging Tax License and Short-Term Rental License. In addition to City sales tax, there is a City lodging tax on stays less than 30 consecutive days. What type of City of Fort Collins tax applies to my business? In addition to the State and County sales tax your business already collects on taxable sales, you will now be required to collect the City of Fort Collins sales tax if the item is picked up in Fort Collins or delivered to an address in the city limits of Fort Collins. The City sales tax collected will be remitted directly to the City (not the State). Any taxable items, such as furniture and office supplies, that you use in your business will be subject to City sales or use tax. The City may tax items differently than the State and County and you should verify if the items sold are taxable. Also, please check the current tax rates in effect at the time your business is annexed. 9

14 Are there any types of sales that are exempt from tax? Yes. Sales to government and qualifying religious and charitable organizations may be tax exempt. Also, if you operate a business that sells farm machinery for use in farming operations, these sales are exempt from City tax. However, the exemption does not apply to repair parts for farm machinery. Please see Section (c)(14) & (15) for additional information and check with the State and County for their requirements. What is use tax? Use tax applies to items used, stored or distributed in Fort Collins that are not items for resale to a customer. Examples include furniture and office supplies. Use tax can be described as a complement to sales tax. You pay one or the other. If you pay City sales tax, you do not need to pay City use tax. Do I owe use tax on business equipment I owned prior to becoming annexed into the City? No, you do not have to pay use tax for equipment you owned prior to becoming annexed into the City. The City municipal code has a specific exemption for this. Would use tax be due on inventory I have on hand that is for resale to a customer. No, use tax is not due on items for resale. Sales tax should be charged to the customer. Religious, Charitable and Government Organizations: What if I am tax exempt as a religious, charitable or government organization? If you are a religious or charitable organization, you can apply for a City tax exempt organization license at This will exempt the organization from sales tax on purchases made when used in the conduct of the organization s regular activates to foster its religious or other expressed chartable purpose. Government organizations are exempt from otherwise taxable purchases when they are made with organization funds. Note that the City does not issue a tax-exempt license for governmental organizations as it does for charitable organizations. Additional Resources: For additional tax information, please visit or contact the Sales Tax Department at

15 How will our property taxes change? Property taxes will go down after being annexed into the City of Fort Collins. The resulting mil reduction ($0.80 for every $1,000 in property valuation) in property tax is caused by the replacement of the Poudre Valley Fire District mil with the Fort Collins mil. Below is a comparison of tax-rates between that the City of Fort Collins and Larimer County. Mill Levy :5 Tax Authority 2018 Fort Collins 2018 Larimer County Poudre R-1 General Fund Larimer County Poudre R-1 Bond Payment Poudre Valley Fire District Fort Collins Poudre River Public Library District Health District of North Larimer County Northern Colorado Water Conservation District Larimer County Pest Control District TOTAL Example of Property Tax Changes Property Larimer County Property Fort Collins Property Tax Difference Tax Liability Liability 1804 Laporte Ave $2,015 $1,997 $ Laporte Ave $7,861 $7,793 $ Laporte Ave $15,491 $15,356 $135 5 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) 6 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 Mill. 11

16 Will we be charged additional tax on our utility bills? Xcel Energy If your home or business 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 applied.to each bill. According to the Colorado Department of Revenue an existing E % surcharge and a 9.44% Colorado State Wireless Tax will also remain. 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 a portion of usage for each bill, see PILOTs FAQ below for more information on how this is calculated. Fort Collins Water No added tax is assessed to this service. Fort Collins Wastewater No added tax is assessed to this service. What are Payment in Lieu of Taxes (PILOTs) and how do they affect utilities customers? City utilities only charge tax on electric services. The tax is computed by removing the PILOTs part of the electric charges and then multiplying by the 3.85% rate. Here s an example: total electric charges = $100 ; removing the PILOTs is done by $100 / 1.06 = $94.34 ; sales tax then computed as $94.34 * 3.85% = $3.63. 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. 12

17 2015/2016 Reappraisal Cycle Colorado property tax law requires assessors to conduct countywide reappraisals every two years in oddnumbered 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, 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, 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, Protests can also be filed in person, by letter or fax. We cannot accept appeals sent in by 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, 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, What is the difference between City sales tax and County sales tax? Tax Rates effective January 1, 2018: State of Colorado 2.9% Larimer County 0.55% Total Sales Tax (Larimer County) 3.45% City of Fort Collins 3.85% 3.85% Tax includes Total Sales Tax (City of Fort Collins) 7.30% Fort Collins Lodging Tax (in addition to above) 3.0% Total Accommodations Tax 10.30% Fort Collins Tax on Food For Home Consumption (contact State of Colorado regarding taxability) 2.25% Total Food Tax 2.25% 2.25% Base Rate.25% Community Capital Improvement Program (Expires 2025).25% Street Maintenance (Expires 2025).25% Open Space (Expires 2030)..85% Keep Fort Collins Great (Expires 2020) For further information, please contact Tiana Smith, tjsmith@fcgov.com 13

18 Other City Regulations & Information How many horses per acre are you allowed to have in the City as compared to the County? Municipal Code Section 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 (½) acre of pasture area is available for each horse or pony. City of Fort Collins Larimer County Horses per Acre ½ Acre / Horse ½ Acre / Horse 7 How many chickens and roosters can I have on my property? May keep up to 8 chicken hens No roosters Will our cat need to be registered 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. Larimer 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 1 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) extension 201 or visit 7 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. 14

19 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 (Gerry Horak, Mayor Pro Tem, District 6) 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 to find out more. 15

20 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 s, 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, you will be able to submit a question, comment or service request on myriad topics 24 hours a day, seven days a week. 16

21 ORDINANCE NO. 005, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE FRIENDLY FIRE ENCLAVE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution stating the intent of the City to annex and initiating annexation proceedings for the Friendly Fire Enclave Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds that the area proposed to be annexed has been entirely contained within the boundaries of the City for a period of not less than three years prior to this date and complies with all requirements for enclave annexation set forth in Colorado Revised Statutes Section ; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED 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 following described property, to wit: A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 10, AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10 TO BEAR N89 14'43"W, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10, N89 14'43"W, A DISTANCE OF FEET TO THE SOUTHEAST CORNER OF THE FORNEY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE EAST BOUNDARY OF SAID ANNEXATION, N00 23'46"E, A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY OF SAID FORNEY ANNEXATION THE FOLLOWING NINE (9) COURSES: 1. N89 14'43"W, A DISTANCE OF FEET; 2. N00 23'46"E, A DISTANCE OF FEET; 3. S89 14'37"E, A DISTANCE OF FEET; 4. N00 23'46"E, A DISTANCE OF FEET; -1-

22 5. S89 14'44"E, A DISTANCE OF FEET; 6. S00 23'46"W, A DISTANCE OF FEET; 7. S89 14'44"E, A DISTANCE OF FEET; 8. N07 37'19"W, A DISTANCE OF FEET; 9. S87 54'20"E, A DISTANCE OF FEET TO A POINT ON THE WEST BOUNDARY OF THE RADIO CITY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID WEST BOUNDARY, S00 23'46"W, A DISTANCE OF FEET TO THE POINT OF BEGINNING. CONTAINING 89,595 SQUARE FEET (2.057 ACRES), MORE OR LESS is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Friendly Fire Enclave Annexation. Section 3. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 4. That the City hereby consents, pursuant to Section (3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 15th day of January, A.D. 2019, and to be presented for final passage on the 5th day of February, A.D ATTEST: Mayor City Clerk Passed and adopted on final reading on the 5th day of February, A.D ATTEST: Mayor City Clerk -2-