East Mulberry Annexation Information#
East Mulberry Plan#
The updated East Mulberry Plan was adopted by City Council on December 5th. The 2023 East Mulberry Plan serves as an update to the previously adopted 2002 East Mulberry Corridor Plan. The Plan incorporates new goals, the Plan policy direction and action items for the next 10-20 years based on extensive business-owner and resident feedback within the area and internal policy discussions amongst City staff. Much like the previously adopted plan, the East Mulberry Plan will continue to be a guidance document for Larimer County staff prior to annexation and a policy document for future areas potentially annexed into Fort Collins.
The East Mulberry Plan is broken down into five distinct sections:
- Introduction
- Character Areas
- Goals & Strategies
- Implementation
- Annexation Thresholds
East Mulberry Plan Area and Enclave#
![East Mulberry Enclave Boundary](https://www.fcgov.com/planning/img/mulberry_annexation_map_website.png?1702662955)
The East Mulberry Plan Area overlaps with the enclave and guides future development and policy decisions. The ‘enclave’ refers to unincorporated Larimer County properties surrounded by the City of Fort Collins due to urban growth. The East Mulberry Plan Area is the area of focus for both the 2002 East Mulberry Corridor Plan and this newly updated plan document. The plan area is different than the enclave area, but largely overlaps. Plan area boundaries are typically established based on other adjacent City of Fort Collins subarea plans.
Understanding the Future of Annexation#
Everyday Annexation Questions#
-
Annexation is a legal process by which property located in unincorporated Larimer County becomes part of the City of Fort Collins.
-
Since before the creation of the 2002 East Mulberry Corridor Plan, it has been anticipated that this area would be annexed over time into the City of Fort Collins. Over the years, properties within this corridor have been voluntarily annexed as development has occurred. In 2018, the East Mulberry Enclave was formed, which means that properties within the City of Fort Collins jurisdiction now encircled properties that remain in unincorporated Larimer County. These properties within the East Mulberry Enclave are not yet annexed and remain under Larimer County jurisdiction.
Through the City's Intergovernmental Agreement with Larimer County, the City has agreed to annex properties that have become enclaves and have been surrounded for no less than three years. The East Mulberry Enclave became eligible for involuntary annexation in 2021 and since that time, City staff, City leadership and City Council have been exploring different possible approaches to annexation over the coming years.
-
For many years, the City of Fort Collins and Larimer County have been entered into an Intergovernmental Agreement (I.G.A.) that establishes a Growth Management Area (G.M.A.). The G.M.A. establishes a set boundary around the greater Fort Collins area. 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.
-
Annexation thresholds are a set of conditions that mark the point at which annexation of a portion of the Mulberry Enclave may be advantageous. Annexation thresholds could relate to maintaining logical boundaries and areas of City or County jurisdiction, advancing important policy goals for an area, or ensuring coordination of similar properties and land for upcoming infrastructure projects.
This is a new approach to annexation that has not previously been implemented by the City. Staff is currently developing this strategy further through conversations with City Council, City leadership, boards and commissions, and community members. No specific areas within the enclave have been identified at this point to be annexed through this approach.
-
Examples of Thresholds
- Maintain logical boundaries to avoid a patchwork
- Proactive Resource Protection (e.g., Cooper Slough)
- Redevelopment risk (e.g., mobile home parks)
- External Funding (e.g., I-25 Interchange or Mulberry Frontage)
-
Annexation thresholds represent a more natural progression to annexing a large enclave rather than adhering to an artificial timeline approach for different phases. Annexation thresholds can be more flexible in the size, location, and time when annexation occurs to account for enclave conditions and to ensure adequate City resources such as staffing, fleets, and master-planning are more coordinated with annexation.
-
Annexations begin with outreach from the City to residents and businesses with various mailed/written communications, neighborhood meetings, and eventually multiple public hearings.
Annexations require an initiating resolution by City Council, a recommendation from the Planning and Zoning Commission, and two ordinance readings of City Council over 4-6 months.
Each of these touchpoints is an opportunity for community members to learn about the annexation and provide comments and testimony to staff and decision-makers.
-
- Faster police response time
- Voting for a Mayor and Council Member (District 1)
- Ability to participate in City Boards & Commissions
- Urban level services
- Rebates through energy audit programs (i.e., Solar Installation Incentives)
- Eligible for City grant programs
-
Type of Service Current Provider New Provider Law Enforcement Larimer County Sheriff's Office
City of Fort Collins Police Services
Electric* Poudre Valley REA or Xcel Energy (depending on location)
City of Fort Collins Utilities (Light & Power)
Storm Drainage* Larimer County
City of Fort Collins Stormwater Utility
Road Maintenance* Larimer County Road and Bridge
City of Fort Collins Transportation Services
-
Type of Service Provider Water & Wastewater Eastern Larimer County Water District (ELCO) and Boxelder Sanitation District
Fire Poudre Fire Authority Health and Human Services Larimer County Animal Control Humane Society -
Property Tax - Total property taxes paid would be almost identical in the City - as the City's mill levy is added and the Poudre Valley Rural Fire District mill levy is dropped.
Sales Tax Rates
-
7.55%= Total Sales Tax Rate
- 3.85% = City of Fort Collins
- 0.80% = Larimer County
- 2.90% = State of Colorado
-
10.55%= TOTAL ACCOMMODATIONS TAX
- 3.00% = City Lodging Tax (in addition to above)
- 2.25%= Fort Collins Tax on Food for Home Consumption
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: furniture, office supplies). Use tax is 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.
Does the City impose lodging tax?
Yes - A City lodging tax of 3.0% is charged (in addition to the 3.85% sales tax) for rooms or accommodations in the City, if the occupancy is for a period of less than 30 consecutive days.
Click HERE for more information about frequently asked tax questions for the East Mulberry Enclave. Please visit the City of Fort Collins Sales Tax webpage for additional information, or contact Sales Tax staff at salestax@fcgov.com or at 970-221-6780.
-
7.55%= Total Sales Tax Rate
-
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. Currently, 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 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 Cody Snowdon, 970-416-2306, csnowdon@fcgov.com.
-
The City collects stormwater fees to help fund capital improvement stormwater projects around the community. These fees would begin to be collected after annexation and are based off lot sizes/impervious areas, and all those who own property are subject to a monthly stormwater drainage fee. In general, the monthly fee for commercial properties averages $144 per month and for residential properties (with a lot size of 8,600 square feet) it averages $16.06 per month.
For more information:
- 2023 Commercial Stormwater Rates:
- 2023 Residential Stormwater Rates:
-
The City and County currently require the same design elements when building new streets. However, many older streets do not meet the minimum requirements. County residential roads and streets built before 2010 were generally not constructed to City of Fort Collins street standards, and County roads after 1994 were not eligible for County Maintenance (limited to chip seals) and must be maintained by the neighborhood owners. Because these residential County streets were not constructed to City street standards, the City will only adopt the level of maintenance the County provided at the time of annexation, designated as Limited Maintenance (chip seals of the surface only, no concrete repairs). Gravel roads would be graded one to two times per year by road grader. If residents would like to upgrade their roads and seek acceptance into City roads maintenance, there is an existing process outlined and you can reach out to City staff for more information.
-
Currently, Fort Collins Police Services (FCPS) serves all areas within Fort Collins City Limits. This includes areas annexed into the City.
-
Generally, discharging of a weapon in city limits is unlawful, unless certain conditions are met for issuance of a revokable permit allowing such. More information regarding permitting can be found in Ch. 17-101(c) of FCMC: https://library.municode.com/co/fort_collins/codes/municipal_code?nodeId=CH17MIOF_ARTVIOFAGPUSA_S17-101DIWEPE
-
In the Urban Estate (U-E), Rural Land (R-U-L) and Foothills Residential (R-F) zone districts, barbed wire fencing may be used for the purpose of livestock and pasture (agricultural) management.
Barbed wire fences are also allowed in the Employment (E) and Industrial (I) zones upon issuance of a revocable use permit (renewed every 3 years) for the purpose of security atop protected fences or walls, are at least 10’ from the ground, and to include installation of security lighting. Construction of any fence in excess of the standard 6’ privacy fence to accommodate the required height for barbed wire in these zones would require a building permit.
-
All fences and walls shall be structurally sound and maintained in good repair so that there are no broken, loose, damaged, removed or missing parts (i.e., pickets, slats, posts, wood rails, bricks, panels). Repair of fences and walls shall be made with materials that are comparable in composition, color, size, shape, design and quality to those originally used to construct the fence or wall being repaired.
Chain-link fencing with or without slats shall not be used as a fencing material for screening purposes. Except as described in question #2, no barbed wire or other sharp-pointed fence and no electrically charged fence shall be installed or used in any other zone districts.
Fences and walls shall be:
- no more than four (4) feet high between the front building line and front property line.
- no more than four (4) feet high if located in the front yard, or within any required side yard setback area in the front yard, except if required for demonstrated unique security purposes.
- no more than six (6) feet high if located within any required rear yard setback area or within any side yard setback area in a rear yard.
- no more than forty-two (42) inches in height when located within the visual clearance triangle, and, if over thirty-two (32) inches in height within such triangle, fences shall be constructed of split rail with a minimum dimension of twelve (12) inches between horizontal members.
- no closer than two (2) feet to a public sidewalk;
- no closer than three (3) feet to a lot line along an alley where an alley-accessed garage door is set back at least twenty (20) feet from the lot line, and no closer than eight (8) feet to a lot line along an alley where an alley-accessed garage door is set back less than twenty (20) feet from the lot line, except that alley fences on lots in the RL, NCL, NCM and NCB districts may be located closer to the lot line along an alley when the City Engineer approves such a location.
-
Most common nuisance code violations enforced by the City:
- Tall weeds/grasses (generally, no more than 6’ in height and no more than 12’ on undeveloped lots)
- Rubbish
- Outdoor storage (Code Compliance addresses any visible outdoor storage on residential private property only, and outdoor storage on commercial private property is regulated under Land Use Code as an approved use for items related to the business and must be screened from view)
- Parking on unimproved surfaces
- Inoperable vehicles
- snow obstructions on sidewalks (ROW)
- Right of way encroachments (low overhanging trees/forestry, items in the roadway/gutter pan, etc.)
- Occupancy Limits
- noise disturbances
Learn more about Code Compliance here: fcgov.com/neighborhoodservices/code-compliance
-
This would depend on the zone (some zones allow for higher decibel limits than others) and time of day. Generally, most zones limit noise emanating from private property to a certain dBA between the hours of 7am and 8pm, and that dBA limit drops between the hours of 8pm and 7am.
More information as to specific decibel levels by zone can be found here:
For more information about the updated East Mulberry Plan and previous community meetings, visit fcgov.com/eastmulberry.