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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/27/2014 - 7TH AMENDMENT TO THE INTERGOVERMENTAL AGREEMENT BEDATE: STAFF: May 27, 2014 Laurie Kadrich, Community Development & Neighborhood Services Mgr Karen Cumbo, Director of PDT Rick Richter, Director of Infrastructure Services WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION 7th Amendment to the Intergovernmental Agreement between the Town of Timnath and the City of Fort Collins. EXECUTIVE SUMMARY The purpose of this item is to provide planned and orderly development of urban services along the I-25 Corridor and to establish appropriate Growth Management and Influence Areas to support such development. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What feedback does Council have regarding the Growth Management Area (GMA) modifications proposed by Timnath? 2. What feedback does Council have regarding the GMA modifications proposed by Fort Collins? 3. Does the Council support evaluating joint planning, revenue, and cost-sharing areas? BACKGROUND / DISCUSSION On February 17, 2009, Timnath and Fort Collins entered into an Intergovernmental Agreement (IGA) related to annexation, Growth Management Areas (GMA) and land development issues. This IGA resolved differences that had arisen between the parties related to which areas the City of Fort Collins should provide urban level services, and to which areas Timnath should provide such services (Attachment #1). Timnath and Fort Collins generally agreed that, with some exceptions, I-25 would serve as the boundary separating the two communities. During these negotiations a GMA for the two communities (Attachment #2) was developed. Timnath requested that Fort Collins consider further amendments to the GMA approved in 2009. Fort Collins requested that Timnath further consider amendments to the GMA and agree to consider joint planning and revenue sharing for three proposed areas of influence. In addition, since the Timnath Agreement was approved options were explored to resolve conflicts that arose with a previously approved IGA with Larimer County. Those conflicts involved subdivisions that were agreed to be part of the Fort Collins GMA with Larimer County and were then moved to the Timnath GMA. This proposed amendment would resolve those areas of conflict by returning those subdivisions to the Fort Collins GMA. ISSUES: Modifications proposed by Timnath: 1. Adding a two mile section north of County Road 52 between I-25 and County Road 5 into the GMA adopted 2009 agreement. The area added is not currently in the Fort Collins GMA as approved by Larimer County, nor was it included in the discussions with Timnath in 2009. From Timnath’s perspective, including this area is consistent with the 2009 general intention of Timnath’s GMA being east of I-25. May 27, 2014 Page 2 2. Timnath also requested the consideration of de-annexing a Poudre School District (PSD) parcel that currently resides in the Fort Collins GMA since any educational use of the property is likely to serve the Town of Timnath rather than the City of Fort Collins. By authorizing the proposed seventh amendment, Fort Collins agrees that if PSD is to construct educational facilities to serve the Timnath community the area should be in the Timnath GMA. If the property owner (PSD) requests de-annexation, the amendment provides that the City of Fort Collins will consider it. If, in the future, the property is used for commercial purposes revenues will be shared. 3. Timnath also requested a minor boundary change within the Colorado Department of Transportation (CDOT) right-of-way. The location of this request is on the west side of the east access road along I-25, starting south of Prospect Road and ending at the Timnath Town limits. The revised GMA boundary would be on the west side of the access road. This ensures that Timnath is able to annex properties within their GMA in an orderly fashion east of I-25. If all suggested changes are approved the new Fort Collins - Timnath GMA would be as depicted in Attachment #3. Modifications proposed by Fort Collins: 1. Return the following subdivisions back to the Fort Collins GMA as required by the Larimer County IGA and at the request of the County, until appropriate public engagement can occur. When Timnath and Fort Collins entered into an IGA in 2009, Fort Collins had previously agreed to a GMA with Larimer County (Attachment 4 & Attachment 5). The County required subdivisions within the Fort Collins GMA to agree to annex into Fort Collins at a later date. Five subdivisions were built to Fort Collins development standards and subsequently signed pre-annexation agreements for inclusion into the City of Fort Collins. During the 2009 negotiations with Timnath, those subdivisions were subsequently moved into the Town of Timnath GMA. Those subdivisions are:  Cloverleaf Mobile Home Park  Vista Bonita Subdivision  Vista Grande Subdivision  Clydesdale Park Subdivision  Sunflower Subdivision This proposed change resolves the conflict created between the Timnath IGA and the Larimer County IGA. 2. If approved, staff recommends that Fort Collins agrees to participate in a public engagement process with Timnath and Larimer County to seek input from property owners in Cloverleaf and Vista Bonita to determine whether those property owners would rather be served by the Town of Timnath. In the event that Vista Bonita and Cloverleaf petition to locate in Timnath, Fort Collins would request removal of those subdivisions from the Larimer County-Fort Collins GMA. Clydesdale Park Subdivision has petitioned for annexation into the City of Fort Collins and desires to remain part of Fort Collins as originally planned. 3. Adoption of this amendment would also permit staff to further amend the GMA adopted with Larimer County by removing all non-developed areas that are currently in the Fort Collins-Larimer County GMA but have been requested and agreed to be placed in the Timnath GMA (Attachment 6). This ensures boundaries of the Fort Collins GMA described in the Timnath and Larimer County IGA are the same. 4. In the event that Cloverleaf Mobile Home Park petitions for annexation into Timnath, Fort Collins requests that Timnath allow for a 40’ strip of land west of Cloverleaf Mobile Home Park be made available for inclusion into the Fort Collins GMA for enclave purposes. This request would provide an alternative method for closing the enclave needed for annexing the East Mulberry Corridor. May 27, 2014 Page 3 5. Based upon the successful shared planning and development of I-25 and Highway 392, with the Town of Windsor, Fort Collins suggested a similar process be explored with the Town of Timnath. Fort Collins proposed three areas of influence be evaluated: I-25 and Prospect, I-25 and Mountain Vista, and potentially I-25 and Mulberry. The Mulberry area may be needed in the event that property owners at Cloverleaf and Vista Bonita petition to be in the Timnath GMA (Attachment 7). ATTACHMENTS 1. IGA - Fort Collins - Timnath (PDF) 2. 2009 GMA Timnath - Fort Collins (PDF) 3. Proposed 2014 GMA Timnath - Fort Collins (PDF) 4. IGA - Fort Collins - Larimer County (PDF) 5. GMA - Larimer County - Fort Collins (PDF) 6. Larimer County Removal of Lands GMA (PDF) 7. Fort Collins-Timnath 2014 GMA-Influence Areas (PDF) 8. Powerpoint Presentation (PPTX) Fort Collins / Timnath GMA Boundaries Approved 2009 Aachment #2 Exhibit F Last Revised: 03/27/2014 N Fort Collins City Limits Timnath City Limits Fort Collins / Timnath GMA Boundary Northern Timnath GMA Boundary Fort Collins / Timnath GMA Boundaries 2014 Exhibit F-1 N Timnath Town Limits Timnath GMA Prior to 2009 Amendment 2014 Proposed GMA Boundary GMA Modiﬁcaons Agreed to in 1st IGA; Agree to remove from Fort Collins / Larimer County GMA & go to Timnath GMA 1 1 2 3 4 5 2 5 3 4 Add Cobb Lake Area to Timnath GMA Remove Cloverleaf, Vista Bonita, Sunﬂower, Clydesdale Park & Vista Grande from Timnath GMA and place in Fort Collins GMA with condions Permit a request for de-annexaon by PSD; from Fort Collins GMA into Timnath GMA Add into Timnath GMA Add into Timnath GMA- GMA located on the eastside of I-25, inclusive of the Frontage Road Last Revised: 04/14/2014 Aachment #5 Last Revised: 03/27/2014 Aachment #6 Exhibit G Last Revised: 03/27/2014 Proposed Removal of Lands from GMA Areas to be Removed from Fort Collins / Larimer County Growth Management Area 1 1 Areas east of I-25 & south of Prospect Road (hatching not depicted) + Fort Collins / Larimer County Intergovernmental Agreement Growth Management Area Boundary 2014 Timnath Proposal Addions or Subtracons from 2009 Agreement (Aachment #3 Plus Proposed Inﬂuence Areas) Last Revised: 03/27/2014 Aachment #10 N Timnath City Limits Timnath GMA Prior to 2009 Amendment Proposed Prospect Rd Inﬂuence Area (IA #1) Proposed Mtn. Vista Dr Inﬂuence Area (IA #2) Potenal Mulberry St Inﬂuence Area (IA #3) 2014 Proposed Timnath GMA Boundary GMA Addions Agreed to in 1st IGA Timnath (+) Fort Collins (-) Fort Collins (+) Fort Collins (-) Fort Collins (-) 1 Seventh (7th ) Amendment to the Intergovernmental Agreement (IGA) with Town of Timnath Karen Cumbo Director, Planning, Development & Transportation Laurie Kadrich Director, Community Development & Neighborhood Services Rick Richter Director, Infrastructure Services May 27, 2014 Work Session 2 General Direction Sought • What feedback does Council have regarding the Growth Management Area (GMA) modifications proposed by Timnath? • What feedback does Council have regarding the GMA modifications proposed by Fort Collins? • Does the Council support evaluating joint planning, revenue and cost-sharing areas? 3 Why an Amendment?: • First Amendment expired, temporarily extended • Timnath has completed a comprehensive plan and requests some modifications to the 2009 plan • To resolve conflicts with the Larimer County IGA • To ensure an E. Mulberry Enclave option • To provide an opportunity for shared planning, infrastructure improvements and revenues for areas along the I-25 corridor by creating Influence Areas (IA) • Housekeeping changes 4 Timnath & Fort Collins IGA: • February 17, 2009 • Established an agreed to Growth Management Area (GMA) • Inadvertently created a conflict with Larimer County IGA and the Fort Collins GMA • General agreement areas east of I-25 would be in the Timnath GMA with some exceptions 5 Fort Collins – Timnath 2009 GMA Boundary 6 7th Amendment Map • North Extension • 5 Subdivisions • 2 Proposed IAs • 1 Potential IA • PSD land • I-25 Access Rd. • 40’ Strip • Cloverleaf & Vista Bonita 7 Five Subdivision Areas: 1. Clover leaf Mobile Home Park 2. Vista Bonita Subdivision 3. Vista Grande Subdivision 4. Clydesdale Park Subdivision 5. Sunflower Subdivision 1 2 3 4 5 8 Proposed Removal of Lands: • CSU Horticulture • State of Colorado • Agriculture, vacant or multiple owners • PSD • Multiple Activities; commercial, RV park, Nursery 9 General Direction Sought • What feedback does Council have regarding the Growth Management Area (GMA) modifications proposed by Timnath? • What feedback does Council have regarding the GMA modifications proposed by Fort Collins? • Does the Council support evaluating joint planning, revenue and cost-sharing areas?