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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/21/2021 - ITEMS RELATED TO THE DISCONNECTION OF THE POUDRE S Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY September 21, 2021 City Council STAFF Rebecca Everette, Development Review Manager Brad Yatabe, Legal SUBJECT Items Related to the Disconnection of the Poudre School District Prospect Middle and High School Si te from the City of Fort Collins. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 107, 2021 Disconnecting Certain Poudre School District Property Located at the Intersection of East Prospect Road and Larimer County Road 5 From the Territory of the City of Fort Collins. B. Second Reading of Ordinance No. 108, 2021 Approving the Eighth Amendment to the Fort Collins- Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management, and Related Issues. These Ordinances, unanimously adopted on First Reading on September 7, 2021, requests from the Poudre School District to disconnect (de-annex) the Prospect Middle/High School Site from the City of Fort Collins so that it can be annexed into the Town of Timnath. Included in this item are the following actions: 1) Disconnection of the Prospect Middle/High School property from the Fort Collins City Limits. This Ordinance would not take effect until the Town of Timnath has approved annexation of the property. 2) Amend the City's intergovernmental agreement with the Town of Timnath regarding cooperation on annexation, growth management and related issues. The amendment would allow for Timnath to annex the property into their municipal limits despite the property's location within the Fort Collins Growth Management Area. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary (w/o attachments) (PDF) 2. Ordinance No. 107, 2021 (PDF) 3. Ordinance No. 108, 2021 (PDF) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY September 7, 2021 City Council STAFF Rebecca Everette, Development Review Manager Brad Yatabe, Legal SUBJECT Items Related to the Disconnection of the Poudre School District Prospect Middle and High School Site from the City of Fort Collins. EXECUTIVE SUMMARY A.First Reading of Ordinance No. 107, 2021 Disconnecting Certain Poudre School District Property Located at the Intersection of East Prospect Road and Larimer County Road 5 From the Territory of the City of Fort Collins. B.First Reading of Ordinance No. 108, 2021 Approving the Eighth Amendment to the Fort Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management, and Related Issues. The purpose of this item is to process a request from the Poudre School District to disconnect (de-annex) the Prospect Middle/High School Site from the City of Fort Collins so that it can be annexed into the Town of Timnath. Included in this item are the following actions: (1)Disconnection of the Prospect Middle/High School property from the Fort Collins City Limits. This Ordinance would not take effect until the Town of Timnath has approved annexation of the property. (2)Amend the City's intergovernmental agreement with the Town of Timnath regarding cooperation on annexation, growth management and related issues. The amendment would allow for Timnath to annex the property into their municipal limits despite the property's location within the Fort Collins Growth Management Area. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION Disconnection Request The City has received an application for Disconnection of Proper ty from Poudre School District (PSD) for the Prospect Middle/High School site, located northeast of the Prospect and I -25 interchange at the intersection of East Prospect Road and Larimer County Road 5. This potential disconnection was previously contempla ted as part of the Intergovernmental Agreement (Regarding Cooperation on Annexation, Growth Management and Related Issues) (IGA) between the City and the Town of Timnath . The City agreed to consider the disconnection of this property as part of the Seventh Amendment to the IGA, dated October 28, 2014. The disconnection includes both the school campus and the adjacent public rights -of-way (East Prospect Road ATTACHMENT 1 Agenda Item 10 Item # 10 Page 2 and Larimer County Road #5). Colorado state statutes and the Fort Collins Land Use Code (LUC) allow for the disconnection of land from City limits. LUC Section 2.12.6 offers the following guidance: “2.12.6 - Application for Disconnection, Enactment, Filing When the owner of a tract of land within and adjacent to the boundary of the City desires to have said tract disconnected from the City, such owner may apply to the City Council for the enactment of an ordinance disconnecting such tract of land from the City. On receipt of such application, it is the duty of the City Council to give due consideration to such application, and, if the City Council is of the opinion that the best interests of the City will not be prejudiced by the disconnection of such tract, it shall enact an ordinance effecting such disconnection. If such an ordinance is enacted, it shall be immediately effective upon filing with the county Clerk and Recorder to accomplish the disconnection, and two (2) certified copies thereof shall also be filed with the county Clerk and Recorder. The county Clerk and Recorder shall file one (1) certified copy with the Division of Local Gover nment in the Department of Local Affairs, as provided by Section 24-32-109, C.R.S., and the other copy shall be filed with the Department of Revenue, as provided by Section 31-12-113(2)(a.5), C.R.S.” Intergovernmental Agreement - Eighth Amendment Since the 2014 IGA amendment, PSD has purchased additional property (Lots 3 and 4) adjacent to the school site that has been incorporated into long-term plans for the campus on the disconnection map. (Attachment 1) As such, the IGA must be further amended to include the two additional lots for consideration of disconnection/annexation. The Eighth Amendment outlines commitments made by both Fort Collins and Timnath related to the timing and details of the disconnection and annexation of the PSD property, Timnath assuming maintenance responsibility for the disconnected portions of East Prospect Road and Larimer County Road 5, and the City and Timnath working cooperatively to amend the respective Growth Management Areas changed by the disconnection and annexation by amending the respective intergovernmental agreements with Larimer County. Staff Analysis and Findings The application for disconnection was properly filed with the City, and proper notice was provided to all applicable governments and agencies, including Larimer County, the Town of Timnath, utility service providers, and various special districts. Neither PSD nor the City has received any objections to the disconnection from the entities that were notified. Additional notice, although not required, was p ublished to notify the public of the date and time of the Council disconnection hearing and a description of the property proposed to be disconnected. The disconnection request aligns to previous Council actions to cooperate with Timnath on growth managem ent in this area of the community. The disconnection would not adversely impact the City or its residents. All municipal services, including police, traffic, street maintenance, and utility service would be provided by Timnath or other entities. Next Steps If the disconnection is approved, PSD intends to annex the property into the Town of Timanth. The ordinance for disconnection is conditioned such that the ordinance would not be recorded, and the disconnection would not be final until Timnath approves the annexation, so that the property does not reside in unincorporated Larimer County for any time. CITY FINANCIAL IMPACTS If the property is disconnected from the City of Fort Collins, the City would no longer be obligated to serve the property with utilities, police services, traffic operations, street maintenance, and other community services or amenities. Timnath and other service providers would be responsible for the costs of serving the property in the Agenda Item 10 Item # 10 Page 3 future. ATTACHMENTS 1. Application for Disconnection (PDF) ORDINANCE NO. 107, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS DISCONNECTING CERTAIN POUDRE SCHOOL DISTRICT PROPERTY LOCATED AT THE INTERSECTION OF EAST PROSPECT ROAD AND LARIMER COUNTY ROAD 5 FROM THE TERRITORY OF THE CITY OF FORT COLLINS WHEREAS, Poudre School District (“PSD”) has submitted an application requesting that City Council disconnect certain property consisting of Lots 1, 2, 3, and 4 of the Prospect Middle/High School Subdivision Plat (“School Plat”) recorded March 11, 2021, at Reception No. 20210025373, in the records of the Larimer County Clerk and Recorder and abutting public road rights-of-way (collectively, the “Property”) as shown on the attached disconnection map, attached hereto and incorporated herein as Exhibit “A”, from the territory of the City of Fort Collins; and WHEREAS, pursuant to Article 4, Section 4.3, which was added to the Intergovernmental Agreement (Regarding Cooperation on Annexation, Growth Management and Related Issues) dated February 17, 2009, between Fort Collins and the Town of Timnath, by the Seventh Amendment to Intergovernmental Agreement (Regarding Cooperation on Annexation, Growth Management and Related Issues) dated October 28, 2014, (“Seventh Amendment”), the City agreed to consider the disconnection of the land that comprises Lots 1 and 2 of the School Plat upon request of PSD; and WHEREAS, on or about May 25, 2021, PSD provided notice and a copy of its disconnection application to the Board of County Commissioners of Larimer County, Colorado, the Town Council of the Town Timnath, and to the Boards of Directors of the following special districts: I-25/Prospect Interchange Metropolitan District, Poudre School District R-1, Poudre River Public Library District, Health District of Northern Colorado, Northern Colorado Water Conservancy District, Larimer County Pest Control District, Boxelder Sanitation District, and the East Larimer County Water District; and WHEREAS, neither PSD nor the City has received an objection to the proposed disconnection or request to meet to discuss the disconnection from any of the entities to whom notice of the disconnection was provided; and WHEREAS, upon disconnection of the Property from the City and annexation into th e Town of Timnath, Timnath has agreed to assume responsibility, including without limitation signalization and traffic signs, operations, and maintenance for the public street rights-of-way proposed to be disconnected and shown on Exhibit “A”. 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 City Council finds that the best interests of the City will not be prejudiced by the disconnection of the Property and that the disconnection is in the best interests of the citizens of Fort Collins. Section 3. That this Ordinance shall not be recorded with the Larimer County Clerk and Recorder, and the disconnection of the Property shall not be effective, until the following have occurred: (a) The Town of Timnath has approved the annexation of the Property, with such annexation being effective upon the recording of this Ordinance and executed disconnection map with the Larimer County Clerk and Recorder so that there is no gap in time between the disconnection becoming effective and the annexation to the Town of Timnath; and (b) The Town of Timnath delivers to the City a fully executed copy of the Eighth Amendment to Intergovernmental Agreement (Regarding Cooperation on Annexation, Growth Management and Related Issues) that City Council is authorizing in conjunction with approval of the disconnection of the Property. Introduced, considered favorably on first reading, and ordered published this 7th day of September, A.D. 2021, and to be presented for final passage on the 21st day of September, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ Interim City Clerk Passed and adopted on final reading on the 21st day of September, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ Interim City Clerk ORDINANCE NO. 108, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE EIGHTH AMENDMENT TO THE FORT COLLINS-TIMNATH INTERGOVERNMENTAL AGREEMENT REGARDING COOPERATION ON ANNEXATION, GROWTH MANAGEMENT, AND RELATED ISSUES WHEREAS, on February 17, 2009, Timnath and Fort Collins entered into an intergovernmental agreement relating to annexation, growth management and related issues, which agreement resolved certain differences that had arisen between the parties regarding a variety of planning and growth management issues (the "Intergovernmental Agreement"); and WHEREAS, the parties are situated on opposite sides of Interstate 25 and are both committed to planned and orderly development; regulating the location and activities of development which may result in increased demand for services; providing for the orderly development and extension of urban services; to simplifying governmental structure when possible; promoting the economic vitality of both municipalities; protecting the environment; and raising revenue sufficient to meet the needs of their citizens; and WHEREAS, because of the proximity of the City and the Town, the parties have agreed to work toward developing a comprehensive development plan for certain areas of mutual interest and concern within the immediate vicinity of I-25, the purpose of which plan would be to explore joint financing mechanisms for public improvements and potential revenue sharing alternatives within such areas; and WHEREAS, the parties have previously executed First, Second, Third, Fourth, Fifth, Sixth, and Seventh Amendments to the Intergovernmental Agreement; and WHEREAS, the Seventh Amendment added Section 4.3 to the Intergovernmental Agreement under which the City agreed to consider the disconnection of certain Poudre School District property located northwest of the intersection of East Prospect Road and Larimer County Road 5; and WHEREAS, Poudre School District has submitted a disconnection application to the City for the Poudre School District property described in the Seventh Amendment including some additional abutting property obtained after the Seventh Amendment (“PSD Property”) was executed; and WHEREAS, City Council has approved the disconnection of the PSD Property conditioned upon Timnath’s annexation of the PSD Property becoming effective upon disconnection and execution of an Eighth Amendment to the Intergovernmental Agreement memorializing certain terms related to the disconnection; and WHEREAS, the City and Timnath now wish to execute the Eighth Amendment to the Intergovernmental Agreement to complete Timnath’s annexation of the PSD Property despite its location within the City’s Growth Management Area, to require Timnath’s annexation of the PSD Property to be effective upon disconnection from the City, to memorialize Timnath’s agreement to maintain the disconnected portions of East Prospect Road and Larimer County Road 5, to provide for revenue sharing should the PSD Property ever be commercially developed, and to amend the City’s and Timnath’s growth management areas and work cooperatively to amend the respective Growth Management Areas changed by the disconnection and annexation with Larimer County; and WHEREAS, execution of the Eighth Amendment is in the best interests of the citizens of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to enter into an Eighth Amendment to the Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management and Related Issues in substantially the form attached hereto as Exhibit "A", with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purpose of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 7th day of September, A.D. 2021, and to be presented for final passage on the 21st day of September, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ Interim City Clerk Passed and adopted on final reading on the 21st day of September, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ Interim City Clerk