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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/01/1999 - ITEMS PERTAINING TO THE COOPERATIVE PLANNING AREA AGENDA ITEM SUMMARY ITEM NUMBER: 22 A-C DATE: June 1, 1999 FORT COLLINS CITY COUNCIL STAFF: Joe Frank SUBJECT : Items Pertaining to the Cooperative Planning Area Adjacent to Fossil Creek Reservoir. RECOMMENDATION: Staff recommends adoption of the Resolutions. The Planning and Zoning Board voted 7-0 recommending adoption. EXECUTIVE SUMMARY: A. Resolution 99-65 Authorizing the Mayor to Enter into an Intergovernmental Agreement with Larimer County Regarding Development in the Fort Collins Cooperative Planning Area Adjacent to Fossil Creek Reservoir. B. Resolution 99-66 Authorizing the Mayor to Enter into an Intergovernmental Agreement among the City of Fort Collins, the City of Loveland, the Town of Windsor and Larimer County Regarding Annexations in the Fort Collins Cooperative Planning Area Adjacent to Fossil Creek Reservoir. f C. Resolution 99-67 Authorizing The Mayor to Enter Into an Intergovernmental Agreement With the Town of Windsor Regarding Annexations East of Interstate Highway 25. Approximately one year ago,the City of Fort Collins and Larimer County adopted the Fossil Creek Reservoir Area Plan. One of its implementation actions was thee preparation of intergovernmental agreements establishing a "Cooperative Planning Area". A Cooperative Planning Area(CPA) is intended to be the area which is situated beyond a municipality's Growth Management Area(GMA) but which could conceivably be annexed in the long term. It is intended that rural developments in the CPA proceed in accordance with the existing County zoning, but in a manner that does not preclude or jeopardize urbanization when, and if, it becomes part of the municipality's GMA. Special zoning and/or development standards may apply to each CPA. Another principle behind the CPA idea is that if each municipality would identify its own CPA, the potential for "annexation wars" would diminish. Last June, staff and elected official representatives from the cities of Fort Collins, Loveland, Windsor.and Timnath,and Larimer County,met to discuss the establishment of CPA for the Fossil Creek Reservoir area. The consensus from this meeting was for Fort Collins to proceed with preparing the necessary legal documents establishing the CPA. DATE: June 1, 1999 2 ITEM NUMBER: 22 A-C There are three (3) agreements that are necessary to implement the Fossil Creek CPA as follows: 1. Regarding Development4n the Fort Collins Cooperative Planning Area. This IGA is between the City of Fort Collins and Larimer County. This IGA stipulates the land use and development standards for the Cooperative Planning Area. 2. Regarding Annexation in the Fort Collins Cooperative Planning Area. This IGA is between the City of Fort Collins, Latimer County, Town of Windsor and the City of Loveland. This IGA stipulates that, except for Fort Collins, the parties agree not to annex properties in the Cooperative Planning Area. 3. Regarding Annexations East of Interstate 25 This IGA is between the City of Fort Collins and the Town of Windsor. This IGA stipulates that the City of Fort Collins will not annex east of I-25 between Latimer County roads 34C and 30,adjacent to the Cooperative Planning Area. BACKGROUND: Approximately one year ago,the City of Fort Collins and Latimer County adopted the Fossil Creek Reservoir Area Plan. One of the implementation issues that arose in developing the Plan was the possibility of expanding the Fort Collins Growth Management Area(GMA)boundary. In earlier Plan drafts,the entire Study Area was proposed to be included in the Fort Collins GMA boundary. During later discussions,the elected officials from Fort Collins and Larimer County agreed to amend the boundary to approximately the midpoint of the Reservoir,and to designate the southern portion of the Study Area as "Fort Collins Cooperative Planning Area(CPA)". Last June, staff and elected official representatives from the cities of Fort Collins, Loveland, Windsor,and Timnath,and Latimer County,met to discuss the establishment of a CPA for the Fossil Creek Reservoir area. The concensus from this meeting was for Fort Collins to proceed with preparing the necessary legal documents establishing the CPA. What is a "Cooperative Planning Area"? A Cooperative Planning Area (CPA) is intended to be the area which is situated beyond a municipality's Growth Management Area(GMA) but which could conceivably be annexed in the long term. The CPA is a cooperative planning arrangement (via intergovernmental agreement) between the municipality(s)and Latimer County. Each municipality should have its own CPA,and no municipality's CPA will overlap that of another municipality. Any planning in the CPA will be done jointly by the municipality and the County. It is intended that rural developments in the CPA proceed in accordance with the existing County zoning, but in a manner that does not preclude or jeopardize urbanization when, and if, it becomes par[of the municipality's GMA. Special zoning and/or development standards may apply to each CPA. Another principle behind the CPA idea is that if each municipality would identify its own CPA, the potential for "annexation wars" would diminish. What is included in the Intergovernmental Agreement? The first IGA(#1)deals with standards for future development in the CPA. The County's Land Use Code will govern the development of lands in the CPA until such time as the City of Fort Collins DATE: June ], 1999 3 ITEM NUMBER: 22 A-C decides,if ever,to expand its GMA and annex the area.In addition,the City andCounty have agreed to apply certain additional development restrictions on properties in the CPA in accordance with the Fossil Creek Reservoir Area Plan, as follows: • All Resource Management Area regulations as contained on pages I-18 and 1-19 of the Latimer County Urban Growth Area Supplemental Regulations in the IGA for the Fort Collins Urban Growth Area. These are the same standards that were adopted as part of the Fossil Creek Reservoir Area Plan and are being applied to the properties north of Fossil Creek Reservoir. • All Natural Areas and Features Regulations commencing on pages I-57 and concluding on pages I-67 of Appendix I of the Larimer County Urban Growth Area Supplemental Regulations in the IGA for the Fort Collins Urban Growth Area. These are the same standards that were adopted as part of the Fossil Creek Reservoir Area Plan and are being applied to the properties north of Fossil Creek Reservoir. • All development plans may be submitted only for land uses that are authorized pursuant to the Fossil Creek Reservoir Area Plan. • The County agrees to require a binding annexation agreement to the City of Fort Collins as a condition of approval of any development application. i • In "Conservation Developments", all open space shall be maintained and remain lip undeveloped in perpetuity. This agreement should not significantly affect properties in the CPA unless the owners plan to develop or redevelop their properties e.g.subdivide and/or change the use of their property. Owners of single family dwellings, for example in Eagle Ranch Estates, should not be impacted by this agreement. Two intergovernmental agreements (#2 and #3) deal specifically with future annexation. One agreement deals with properties east of I-25;Fort Collins agrees not to annex in this area. The other agreement spells out that only Fort Collins will annex west of I-25. The City has no plans of expanding its urban growth management or municipal boundaries into this area at this time. Property owners in the area will be notified if and when the City does decide to expand into this area. What actions must the cities and Larimer County take to implement these agreements? I When two or more governmental jurisdictions want to formally work together, they typically accomplish it through "intergovernmental agreements". This tool is one that the State of Colorado authorizes and encourages local governments to use to cooperate with other units of government for the purpose of planning and regulating the development of land. Each of the participating jurisdictions must agree to the conditions and requirements of the IGA. Hence each jurisdiction must formally sign the agreement following its own approval process. t The County has also agreed to undertake certain additional steps to fully implement this agreement, including adoption of the Cooperative Planning Area as an overlay zoning district; and,adoption of all Resource Management Area,Natural Areas and Features regulations,Conservation Development M DATE: June 1, 1999 4 ITEM NUMBER: 22 A-C regulations, and general land use regulations as are contemplated in these agreements. These additional steps will require their own public hearing process. It is anticipated that the County will undertake these actions over the next few months. Public Participation Establishing the intergovernmental agreements for the Fort Collins Cooperative Area adjacent to Fossil Creek Reservoir was thoroughly discussed over a year ago as part of the review and adoption process of the Fossil Creek Reservoir Area Plan. More recently, a letter was sent to property owners in the area notifying them of the proposed intergovernmental agreements,and provided detailed background information.The letter encouraged property owners to talk to the City and/or County staff directly about any concerns or questions. If after talking with staff they still had concerns,then they were encouraged to attend one or more of the scheduled public meetings. Each of the affected communities (Loveland and Windsor) and Larimer County have or will be conducting their own public hearings on the proposed intergovermental agreements. In addition,on Thursday,May 6,the City and County Planning staff held an informational meeting with affected property owners during which staff answered questions. There were no major concerns expressed about the proposed IGA's. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, on March 20, 1999, conducted a public hearing and voted 7-0 to recommend adoption of the intergovernmental agreements. . RESOLUTION 99-65 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY REGARDING DEVELOPMENT IN THE FORT COLLINS COOPERATIVE PLANNING AREA ADJACENT TO FOSSIL CREEK RESERVOIR WHEREAS, continued growth in the Fossil Creek Reservoir area suggests that increased coordination between the parties to this Agreement can result in better management and control of the development in this area; and WHEREAS, pursuant to Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has found and declared that in order to provide for planned and orderly development within Colorado and a balancing of the basic human needs of a changing population with legitimate environmental concerns,the policy of the State of Colorado is to clarify and provide broad authority to local governments to plan for and regulate the use of land within their respective jurisdictions; and WHEREAS, pursuant to Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly ofthe State of Colorado has designated certain powers to local governments,among them the power to regulate the location of activities and developments which may result in significant changes in population density,the power to provide for phased development of services and facilities, the power to regulate the use of land on the basis of the impact thereof on the community or surrounding areas, and the power to otherwise plan for and regulate the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights; and WHEREAS,pursuant to said Title 29,Article 20,Colorado Revised Statutes,as amended,the General Assembly of the State of Colorado has authorized and encouraged local governments to cooperate or contract with other units of government for the purpose of planning and regulating the development of land, including but not limited to the joint exercise of planning, zoning, subdivision, building, and related regulations; and WHEREAS, under the authority granted by Title 29. Article 20, Colorado Revised Statutes, a number of meetings were held between the City and Latimer County with the intent of reaching agreement regarding certain standards and regulations that should apply to development within the Fort Collins "Cooperative Planning Area" adjacent to Fossil Creek Reservoir; and WHEREAS, the purpose of the proposed Agreement is, with regard to the Cooperative Planning Area adjacent to Fossil Creek Reservoir,to implement policy GM-1.3 of the"Principles and Policies" element of the City's Comprehensive Plan; and WHEREAS, on May 20, 1999, the Planning and Zoning Board recommended that the Council authorize the Mayor to execute the proposed Intergovernmental Agreement; and WHEREAS, the Council of the City of Fort Collins has determined that it is in the best interests of the citizens of the City that the City enter into said Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor be, and hereby is, authorized to execute that certain intergovernmental agreement between the City and Latimer County, Colorado, regarding the development of land in the Fort Collins cooperative planning area adjacent to Fossil Creek Reservoir, a copy of which agreement is attached hereto as Exhibit"A" and incorporated herein by this reference. Passed and adopted at a regular meeting of the City Council held this 1 st day of June, A.D. 1999. Mayor ATTEST: City Clerk 2 INTERGOVERNMENTAL AGREEMENT (Regarding Development in the Fort Collins Cooperative Planning Area Adjacent to Fossil Creek Reservoir) THIS AGREEMENT, is executed this day of 1999,by and between LARIMER COUNTY,COLORADO,a body politic organized under and existing by virtue of the laws of the State of Colorado,hereinafter referred to as the"County"and THE CITY OF FORT COLLINS,COLORADO, a municipal corporation,hereinafter referred to as the"City" WITNESSETH: WHEREAS, continued growth in the Fossil Creek Reservoir area suggests that increased coordination between the parties to this Agreement can result in better management and control of the development in this area; and WHEREAS, pursuant to Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has found and declared that in order to provide for planned and orderly development within Colorado and a balancing of the basic human needs of a changing population with legitimate environmental concerns,the policy of the State of Colorado is to clarify and provide broad authority to local governments to plan for and regulate the use of land within their . respective jurisdictions; and WHEREAS, pursuant to Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has designated certain powers to local governments,among them the power to regulate the location of activities and developments which may result in significant changes in population density,the power to provide for phased development of services and facilities, the power to regulate the use of land on the basis of the impact thereof on the community or surrounding areas, and the power to otherwise plan for and regulate the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights; and WHEREAS,pursuant to said Title 29,Article 20,Colorado Revised Statutes,as amended,the General Assembly of the State of Colorado has authorized and encouraged local governments to cooperate or contract with other units of government for the purpose of planning and regulating the development of land,including but not limited to the joint exercise of planning, zoning, subdivision, building, and related regulations; and WHEREAS, pursuant to various statutes of the State of Colorado (including 31-23-255, Colorado Revised Statutes, as amended),the General Assembly of the State of Colorado has enacted various supervisory tools in order that the State may better monitor the planning activities of units of local governments; and WHEREAS, under the authority granted by Title 29,Article 20, Colorado Revised Statutes, a number of meetings were held between the parties to this Agreement with the intent of reaching y EXHIBIT c A agreement regarding certain standards and regulations that should apply to development within the Fort Collins "Cooperative Planning Area" adjacent to Fossil Creek Reservoir; and WHEREAS,the purpose of this Agreement is,with regard to the Cooperative Planning Area adjacent to Fossil Creek Reservoir, to implement policy GM-1.3 of the "Principles and Policies" element of the City's Comprehensive Plan. NOW,THEREFORE,in consideration of the covenants and obligations herein expressed and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, it is agreed as follows: 1. IDENTIFICATION OFTHE FORT COLLINS COOPERATIVE PLANNINGAREA ADJACENTTO FOSSIL CREEK RESERVOIR. The Fort Collins Cooperative Planning Area adjacent to Fossil Creek Reservoir is identified as shown on Exhibit "A" attached hereto and incorporated herein by this reference. 2. REFERRAL TO CITY. All development applications as described in paragraph (3) below, that are received by the County for development of lands located within the Cooperative Planning Area identified on Exhibit"A"shall be processed,reviewed and approved or denied by the County. Such applications,upon receipt thereof, shall be promptly referred to the City's Director of Community Planning and Environmental Services for review and comment. No action of the County in either approving or denying any such development application shall be taken until it has received, in writing, the comments of the City, provided, however, that if the City fails to so respond to such referral within twenty-one(21)days of receipt thereof,then the County may proceed to act upon such development application without the comments of the City. -- 3. ADDITIONAL REGULATORY REQUIREMENTS. Land use or development applications for which approval by the Board of County Commissioners is required and administrative site plan reviews for large retail establishments [except for Amended Plats, Minor Land Divisions (MLD), down zonings requested by Larimer County,and zoning special reviews which do not generate more than forty-five (45) vehicle trip ends (or equivalent)per day as defined in the ITE Trip Generation Manual) (which, for purposes of this Agreement shall be referred to as "development applications") shall not be approved by the County for any land located within the Cooperative Planning Area described in Exhibit"A"unless such development application has been determined by the County to be in full compliance with the following regulations which are referenced in Appendix I of the Larimer County Urban Growth Area Supplemental Regulation: a. All Resource Management Area regulations as contained on pages on I-18 and I-19 of Appendix I. b. All Natural Areas and Features Regulations commencing on page I-57 and concluding on page I-67 of Appendix I. 4. CONSERVATIONDEVELOPMENTS. In"Conservation Developments"all open space shall be maintained and remain undeveloped in perpetuity in accordance with appropriate Management Plans as provided in the Larimer County Land Use Code. Page 2 of 4 • 5. GENERAL LAND USES. Development Plans for lands located within the Cooperative Planning Area described in Exhibit "A" may be submitted only for land uses which are authorized pursuant to the Fossil Creek Reservoir Area Plan. 6. ANNEXATION. The County agrees to require a binding annexation agreement (see Appendix E of the Intergovernmental Agreement for the Fort Collins Urban Growth Area dated May 5, 1998) as a condition of approval on any development application. 7. COUNTY IMPLEMENTATION. The County agrees to undertake such processes as are necessary to consider for adoption such legislative amendments as needed to fully implement this agreement. These amendments shall include, but are not limited to, adoption of the Cooperative Planning Area as an overlay zone, adoption of all Resource Management Area regulations, Natural Areas and Features regulations, Conservation Development regulations and general land use regulations as are contemplated in this Agreement. Upon adoption of such regulations, the County agrees that no land use or development application for which approval by the Board of County Commissioners is required shall be approved for any land in the Cooperative Planning Area unless such development application has been determined by the County to be in full compliance with such adopted regulations. 8. ENFORCEMENT. It is the intent of both the City and the County that this Agreement be binding upon both the City and the County, and that either party hereto shall be permitted to specifically enforce any provision of this agreement in a Court of competent jurisdiction. • 9. TERM. This Agreement shall remain in force and effect for a period of ten years from the date of its execution. Thereafter,it shall be automatically renewed for successive five year terms unless at least six (6)months prior to its scheduled expiration, either party should notify the other party of its decision that the Agreement not be renewed. 10. APPLICABILITY. Whenever a provision of the Latimer County Comprehensive Zoning Resolution,the Larimer County Subdivision Resolution,the Larimer County Planned Unit Development Resolution, or the Larimer County Mobile Home Resolution or a provision of any Land Use Code adopted in lieu of such regulations is inconsistent with regulations adopted to implement this Agreement, such implementing regulations shall apply, provided that in no event shall such implementing regulations take precedence over the Larimer County Flood Plain Resolution. 11. SEYERABILITY. In the event either party is prevented by court order from performing any provision of this agreement or enforcing any regulations,both parties shall have the option of terminating this agreement upon mutual consent. • Page 3 of 4 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney THE COUNTY OF LARIMER, COLORADO By: Chair, Board of Commissioners ATTEST: Deputy Clerk and Recorder APPROVED AS TO FORM: County Attorney Page 4 of 4 . RESOLUTION 99-66 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT AMONG THE CITY OF FORT COLLINS, THE CITY OF LOVELAND, THE TOWN OF WINDSOR AND LARIMER COUNTY REGARDING ANNEXATIONS IN THE FORT COLLINS COOPERATIVE PLANNING AREA ADJACENT TO FOSSIL CREEK RESERVOIR WHEREAS, continued growth in the Fossil Creek Reservoir area suggests that increased coordination among the parties to this Agreement can result in better management and control of the development in this area; and WHEREAS, pursuant to Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has found and declared that in order to provide for planned and orderly development within Colorado and a balancing of the basic human needs of a changing population with legitimate environmental concerns,the policy of the State of Colorado is to clarify and provide broad authority to local governments to plan for and regulate the use of land within their respective jurisdictions; and WHEREAS,pursuant to said Title 29,Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has designated certain powers to local governments, • among them the power to regulate the location of activities and developments which may result in significant changes in population density,the power to provide for phased development of services and facilities, the power to regulate the use of land on the basis of the impact thereof on the community or surrounding areas,and the power to otherwise plan for and regulate the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights; and WHEREAS, pursuant to said Title 29,Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has authorized and encouraged local governments to cooperate or contract with other units of government for the purpose of planning and regulating the development of land, including but not limited to the joint exercise of planning, zoning, subdivision, building, and related regulations; and WHEREAS, under the authority granted by said Title 29, Article 20, Colorado Revised Statutes, a number of meetings were held among Fort Collins, Loveland, Windsor, Timnath, and Latimer County with the intent of reaching agreement as to municipal annexations in the Fort Collins "Cooperative Planning Area" adjacent to Fossil Creek Reservoir; and WHEREAS, on May 20, 1999. the Planning and Zoning Board recommended that the Council authorize the Mayor to execute the proposed Intergovernmental Agreement; and WHEREAS, the Council of the City of Fort Collins has determined that it is in the best • interests of the citizens of the City that the City enter into said Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor be, and hereby is, authorized to execute that certain intergovernmental agreement among the City of Fort Collins,the City of Loveland,the Town of Windsor and Larimer County regarding annexations in the Fort Collins Cooperative Planning Area adjacent to Fossil Creek Reservoir, a copy of which agreement is attached hereto as Exhibit "A" and incorporated herein by this reference. Passed and adopted at a regular meeting of the City Council held this 1 st day of June,A.D. 1999. Mayor ATTEST: City Clerk 2 • INTERGOVERNMENTAL AGREEMENT (Regarding Annexations in the Fort Collins Cooperative Planning Area Adjacent to Fossil Creek Reservoir) THIS AGREEMENT,is executed this day of 1999,by and between LARIMER COUNTY,COLORADO, a body politic organized under and existing by virtue of the laws of the State of Colorado,hereinafter referred to as the"County",THE CITY OF FORT COLLINS,COLORADO, a municipal corporation, hereinafter referred to as "Fort Collins", THE CITY OF LOVELAND, a municipal corporation,hereinafter referred to as"Loveland",and THE TOWN OFwINDSOR,a Colorado statutory town,hereinafter referred to as "Windsor". WITNESSETH: WHEREAS, continued growth in the Fossil Creek Reservoir area suggests that increased coordination among the parties to this Agreement can result in better management and control of the development in this area; and WHEREAS,.pursuant to Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has found and declared that in order to provide for planned and orderly development within Colorado and a balancing of the basic human needs of a • changing population with legitimate environmental concerns,the policy of the State of Colorado is to clarify and provide broad authority to local governments to plan for and regulate the use of land within their respective jurisdictions; and WHEREAS,pursuant to said Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has designated certain powers to local governments, among them the power to regulate the location of activities and developments which may result in significant changes in population density,the power to provide for phased development of services and facilities, the power to regulate the use of land on the basis of the impact thereof on the community or surrounding areas, and the power to otherwise plan for and regulate the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights; and WHEREAS, pursuant to said Title 29,Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has authorized and encouraged local governments to cooperate or contract with other units of government for the purpose of planning and regulating the development of land, including but not limited to the joint exercise of planning, zoning, subdivision,building, and related regulations; and WHEREAS, pursuant to various statutes of the State of Colorado (including 31-23-255, Colorado Revised Statutes,as amended),the General Assembly of the State of Colorado has enacted various supervisory tools in order that the State may better monitor the planning activities of units of local governments; and EXHIBIT A WHEREAS, under the authority granted by said Title 29, Article 20, Colorado Revised Statutes, a number of meetings were held among Fort Collins, Loveland, Windsor, Timnath, and Larimer County with the intent of reaching agreement as to municipal annexations in the Fort Collins"Cooperative Planning Area"adjacent to Fossil Creek Reservoir; and WHEREAS,pursuant to said meetings,the parties have agreed as provided hereafter. NOW,THEREFORE,in consideration of the covenants and obligations herein expressed and other good and valuable consideration,the receipt and adequacy of which is hereby acknowledged, it is agreed as follows: 1. IDENTIFICATION OF THE FORT COLLINS COOPERATIVE PLANNING AREA ADJACENT TO FOSSIL CREEK RESERVOIR. The Fort Collins Cooperative Planning Area adjacent to Fossil Creek Reservoir is identified as shown on Exhibit "A" attached hereto and incorporated herein by this reference. 2. ANNEXATION IN THE FORT COLLINS COOPERATIVE PLANNING AREA. The parties agree that no municipal annexations shall occur within the Fort Collins Cooperative Planning Area described on Exhibit"A"except annexations to Fort Collins. 3. COUNTY SUPPORT. The County agrees to oppose, by such means as it deems appropriate,any annexation into any incorporated town or city except as is authorized in paragraph 2 above. 4. ENFORCEMENT/BINDING EFFECT. This Agreement shall be binding upon the parties and their representatives, successors and assigns, and may be specifically enforced in any court of competent jurisdiction. 5. TERM/TERMINATION. This Agreement shall remain in force and effect for a period of ten (10) years from the date of its execution. Thereafter, it shall be automatically renewed for successive five(5)year terms unless at least six(6)months prior to scheduled expiration,any party should notify the other parties of its decision that the Agreement not be renewed. IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first above written. Page 2 of 4 THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney THE CITY OF LOVELAND, COLORADO A Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney THE TOWN OF WINDSOR, COLORADO A Municipal Corporation By: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 3 of 4 THE COUNTY OF LARIMER, COLORADO By: Chair, Board of Commissioners ATTEST: Deputy Clerk and Recorder APPROVED AS TO FORM: County Attorney Page 4 of 4 RESOLUTION 99-67 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF WINDSOR REGARDING ANNEXATIONS EAST OF INTERSTATE HIGHWAY 25 WHEREAS, continued growth in the Interstate Highway 25 Corridor Area suggests that increased coordination between Fort Collins and Windsor can result in better management and control of the development in this area; and WHEREAS, pursuant to Title 29, Article 20, Colorado Revised Statutes, as amended,the General Assembly of the State of Colorado has found and declared that in order to provide for planned and orderly development within Colorado and a balancing of the basic human needs of a changing population with legitimate environmental concerns,the policy of the State of Colorado is to clarify and provide broad authority to local governments to plan for and regulate the use of land within their respective jurisdictions; and WHEREAS,pursuant to said Title 29,Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has designated certain powers to local governments, among them the power to regulate the location of activities and developments which may result in significant changes in population density,the power to provide for phased development of services • and facilities, the power to regulate the use of land on the basis of the impact thereof on the community or surrounding areas, and the power to otherwise plan for and regulate the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights; and WHEREAS,pursuant to said Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has authorized and encouraged local governments to cooperate or contract with other units of government for the purpose of planning and regulating the development of land, including but not limited to the joint exercise of planning, zoning, subdivision, building, and related regulations; and WHEREAS,pursuant to an Intergovernmental Agreement between and among Windsor,Fort Collins, Loveland, and Larimer County, regarding annexations in the Fort Collins Cooperative Planning Area Adjacent to Fossil Creek Reservoir, Windsor agreed that no municipal annexations shall occur within the Fort Collins Cooperative Planning Area, except annexations to Fort Collins; and WHEREAS, in consideration of Windsor's promises contained in said Intergovernmental Agreement the purpose of this proposed Intergovernmental Agreement is to provide corresponding assurance that Fort Collins will not annex east of Interstate Highway 25 between Latimer County Road 34C and Latimer County Road 30; and • WHEREAS, on May 20, 1999, the Planning and Zoning Board recommended that the Council authorize the Mayor to execute the proposed Intergovernmental Agreement; and WHEREAS, the Council of the City of Fort Collins has determined that it is in the best interests of the citizens of the City that the City enter into said Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor be, and hereby is, authorized to execute that certain intergovernmental agreement between the City of Fort Collins and the Town of Windsor regarding annexations east of Interstate Highway 25,a copy of which agreement is attached hereto as Exhibit"A"and incorporated herein by this reference. Passed and adopted at a regular meeting of the City Council held this 1 st day of June,A.D. 1999. Mayor ATTEST: City Clerk 2 INTERGOVERNMENTAL AGREEMENT (Regarding Annexations East of Interstate Highway 25) THIS AGREEMENT,is executed this day of 1999,by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as "Fort Collins"and THE TOWN OF WINDSOR,a Colorado statutory town,hereinafter referred to as"Windsor". WITNESSETH: WHEREAS, continued growth in the Interstate Highway 25 Corridor Area suggests that increased coordination between Fort Collins and Windsor can result in better management and control of the development in this area; and WHEREAS, pursuant to Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has found and declared that in order to provide for planned and orderly development within Colorado and a balancing of the basic human needs of a changing population with legitimate environmental concerns,the policy of the State of Colorado is to clarify and provide broad authority to local governments to plan for and regulate the use of land within their respective jurisdictions; and WHEREAS,pursuant to said Title 29, Article 20, Colorado Revised Statutes, as amended, . the General Assembly of the State of Colorado has designated certain powers to local governments, among them the power to regulate the location of activities and developments which may result in significant changes in population density,the power to provide for phased development of services and facilities, the power to regulate the use of land on the basis of the impact thereof on the community or surrounding areas, and the power to otherwise plan for and regulate the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights; and WHEREAS,pursuant to said Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has authorized and encouraged local governments to cooperate or contract with other units of government for the purpose of planning and regulating the development of land, including but not limited to the joint exercise of planning, zoning, subdivision, building, and related regulations; and WHEREAS, pursuant to various statutes of the State of Colorado (including 31-23-255, Colorado Revised Statutes,as amended),the General Assembly of the State of Colorado has enacted various supervisory tools in order that the State may better monitor the planning activities of units of local governments; and WHEREAS,pursuant to an Intergovernmental Agreementbetween and among Windsor,Fort Collins, Loveland, and Latimer County, dated , 1999,regarding annexations in the Fort Collins Cooperative Planning Area Adjacent to Fossil Creek Reservoir,Windsor agreed that no municipal annexations shall occur within the Fort Collins Cooperative Planning Area,except annexations to Fort Collins; and EXHIBIT A WHEREAS,in consideration of Windsor's promise as contained in said Intergovernmental Agreement,the purpose of this Agreement is to provide a corresponding assurance that Fort Collins will not annex cast of Interstate Highway 25 between Larimer County Road 34C and Larimer County Road 30. NOW,THEREFORE,in consideration of the covenants and obligations herein expressed and other good and valuable consideration,the receipt and adequacy of which is hereby acknowledged, it is agreed as follows: 1. ANNEXATION EAST OF INTERSTATE HIGHWAY 25. Fort Collins agrees that it shall not annex any territory east of Interstate Highway 25 if such territory lies between Larimer County Road 34C and Larimer County Road 30 unless such annexation is otherwise agreed to in writing by Windsor. 2. ENFORCEMENT/BINDING EFFECT. This Agreement shall be binding upon the parties and their representatives, successors and assigns, and may be specifically enforced in any court of competent jurisdiction. 3. TERM/TERMINATION. This Agreement shall remain in force and effect for a period of ten(10) years from the date of its execution. Thereafter, it shall be automatically renewed for successive five(5)year terms unless at least six(6)months prior to scheduled expiration,either party should notify the other party of its decision that the Agreement not be renewed. IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first above written. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Page 2 of 3 THE TOWN OF WINDSOR, COLORADO A Municipal Corporation By: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 3 of 3