HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/19/2014 - FIRST READING OF ORDINANCE NO. 113, 2014, APPROVINAgenda Item 23
Item # 23 Page 1
AGENDA ITEM SUMMARY August 19, 2014
City Council
STAFF
Laurie Kadrich, Community Development & Neighborhood Services Dir
Karen Cumbo, Director of PDT
SUBJECT
First Reading of Ordinance No. 113, 2014, Approving the Seventh Amendment to the Fort Collins-Timnath
Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management and Related
Issues.
EXECUTIVE SUMMARY
The purpose of this item is to update a 2009 Intergovernmental Agreement (IGA) with the Town of Timnath to
incorporate several amendments and new land use provisions. The Land Use portions of the agreement are
intended 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.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The original agreement was reached in 2009 (Attachment 1) and has subsequently been extended by each
jurisdiction. There are a number of reasons why the parties wish to amend this agreement. The Town of
Timnath has recently completed a Comprehensive Plan and desires to have its updated Growth Management
Area (GMA) reflected in an updated IGA with Fort Collins. Also, the City of Fort Collins wishes to remedy an
inadvertent conflict that was created by the 2009 Timnath Agreement, The Timnath Agreement calls for certain
changes to be made to the Fort Collins GMA; however, the City’s previous agreement with Larimer County
requires County approval of any changes to the Fort Collins GMA. This puts Fort Collins in the untenable
position of having to possibly violate the County agreement in order to comply with the Timnath Agreement. In
addition, Fort Collins desires to ensure that lands are available within the Fort Collins GMA to complete an
enclave of the Mulberry corridor. Finally, both Fort Collins and Timnath desire to create shared Areas of
Influence (IAs) for key interchanges along I-25 in order to properly plan and fund infrastructure improvements
and create orderly and attractive development along the Interstate.
What needs to be resolved?
The negotiations in 2009 were acrimonious in nature and a mediator was used to form a tentative
agreement between the two communities. At the time, Timnath was reaching towards the west side of I-25
to annex properties into its community. The 2009 agreement clearly states where either community is able
to annex. Unfortunately, the agreement was not implemented due to the conflicting portions between the
City-Timnath agreement and the City-Larimer County agreement. This new agreement will satisfy all
parties in order that GMA boundaries can then be amended to be consistent with those in the County and
those between Fort Collins and Timnath.
Agenda Item 23
Item # 23 Page 2
Land Use Benefits to the City of Fort Collins:
Creation of three Areas of Influence (IAs) (Attachment 2). The intent of the IAs is to begin to develop joint
financing mechanisms for public improvements and potential revenue sharing alternatives within such
areas or modified areas, similar to the Windsor agreement for improvements at I-25 and Highway 392.
This would provide Fort Collins with influence over how and what may develop within the Timnath GMA
areas adjacent to key interchanges. Two are proposed for the I-25 interchanges at Prospect and Mountain
Vista (Attachments 3 and 4). A third area near the Mulberry interchange was identified in the event that
properties east of the interchange petition to annex into Timnath, otherwise the IA would not be considered
as all surrounding property would be in the Fort Collins GMA (Attachment 5). The proposed language in
this amendment establishes the general principles of Influence Areas, but specific properties and funding
options will be negotiated and finalized later, after public engagement, much the way the Windsor
agreement was developed. This does not change decision-making authority for land use within city
boundaries. One adjustment to evaluate, for example, is moving the Mountain Vista boundary further
north.
All subdivisions that developed to Fort Collins standards and entered into a pre-annexation agreement with
Fort Collins would return to the Fort Collins GMA. This change is supported by Larimer County and would
keep Fort Collins in compliance with the Larimer County IGA. This change is also supported by the
Clydesdale subdivision and would allow the property owners to request annexation into Fort Collins. The
affected subdivisions (Attachment 5) include:
- Cloverleaf Mobile Home Park (MHP)
- Vista Bonita Subdivision
- Vista Grande Subdivision
- Clydesdale Park Subdivision
- Sunflower Subdivision
As part of this agreement, the parties would consult with the property owners in the Cloverleaf MHP and
Vista Bonita to see if they wish to become part of Timnath rather than Fort Collins. If property owners
desire to become part of Timnath, Fort Collins and Timnath would agree to seek the removal of those
properties from the area described in the Fort Collins-Larimer GMA.
The City is ensured a method to create an enclave enclosing the East Mulberry Corridor by retaining a
portion west of the Cloverleaf MHP. In the event Cloverleaf petitions for annexation to Timnath, Timnath
agrees to provide a 40-foot boundary that would serve to close the enclave with additional annexation
being sought from the railroad.
Additional highlights of the Proposed Land Use Amendments (Attachment 6):
Timnath’s GMA increased on the Northern border into the Cobb Lake area. This expansion is part of the
Timnath Comprehensive Plan.
There are also some “housekeeping” changes in removing language that no longer applies from the
agreement, and clarifying where the Timnath GMA boundary is relative to the east access road along I-25.
Timnath also requested that land owned by Poudre School District (PSD), east of I-25 and currently annexed
into the City of Fort Collins, be moved to the Timnath GMA in the event PSD builds educational facilities to
serve Timnath at that location. The amendment provides assurance to Timnath that Fort Collins would
consider a de-annexation request by PSD under those circumstances, and further provides that, if de-annexed,
and the property is not used for school purposes, any revenue would be shared with Fort Collins.
Agenda Item 23
Item # 23 Page 3
FINANCIAL / ECONOMIC IMPACTS
There are increased costs of services due to the return of 5 subdivisions into the Fort Collins Growth
Management Area rather than the Timnath Growth Management Area.
ATTACHMENTS
1. 2009 Timnath Agreement (PDF)
2. Fort Collins-Timnath GMA plus Influence Areas (PDF)
3. Prospect IA (PDF)
4. Mountain Vista IA (PDF)
5. Mulberry IA plus 5 Subdivisions (PDF)
6. Summary of Boundary adjustments (PDF)
7. Powerpoint presentation (PDF)
ATTACHMENT 1
2014 Timnath Proposal
Addions or Subtracons from 2009 Agreement
(Plus Proposed Influence Areas)
Last Revised: 04/03/2014
ATTACHMENT 2
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 (-)
ATTACHMENT 3
ATTACHMENT 4
ATTACHMENT 5
ATTACHMENT 6
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
August 19, 2014 Council Meeting
ATTACHMENT 7
2
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
3
Why an Amendment?:
• First Amendment expired, temporarily extended
• Timnath has completed a comprehensive plan
and requests to update their GMA in the Fort
Collins IGA
• 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
Fort Collins –
Timnath 2009
GMA
Boundary
5
Fort Collins –
Larimer County
GMA
• Adopted May 1,
1980
• Amended
November 21,
2000
6
Proposed Removal
of Lands:
• CSU Horticulture
• State of Colorado
• Agriculture, vacant
or multiple owners
• PSD
• Multiple Activities;
commercial, RV
park, Nursery
7
Proposed
Prospect IA
• Potential:
– shared
infrastructure
costs
– shared
planning area
– shared
revenues
8
Mountain
Vista IA
• Potential:
– shared
infrastructure
costs
– shared
planning area
– shared
revenues
9
Potential IA -
Mulberry
• Currently all
Fort Collins GMA
• Cloverleaf may
petition to annex
to Timnath
• Vista Bonita may
also petition to
annex to Timnath
10
7th Amendment
Map
• North Extension
• 5 Subdivisions
• 2 Proposed IAs
• 1 Potential IA
• PSD land
• I-25 Access Rd.
• 40’ Strip
• Cloverleaf &
Vista Bonita
11
Staff Recommendation
• Staff recommends Adoption First
Reading of Timnath 7th
Amendment
- 1 -
ORDINANCE NO. 113, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A SEVENTH 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 and
Sixth Amendments to the Intergovernmental Agreement and now wish to execute a Seventh
Amendment to the Intergovernmental Agreement in order to establish certain expectations with
regard to joint planning and revenue sharing within the abovementioned areas of mutual interest
and concern, and to address certain other issues that have arisen since the initial execution of the
Intergovernmental Agreement, including Fort Collins’ interest in annexing a certain strip of
property within the revised Timnath GMA, the disconnection by Fort Collins of certain Poudre
School District land, the modification and addition of certain exhibits to this Intergovernmental
Agreement, and the elimination of Fort Collins’ obligation under the Intergovernmental
Agreement to unilaterally amend the boundaries of its Growth Management Area even if such
amendment is not acceptable to Larimer County.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Mayor is hereby authorized to enter into a Seventh 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.
- 2 -
Introduced, considered favorably on first reading, and ordered published this 19th day of
August, A.D. 2014, and to be presented for final passage on the 2nd day of September, A.D.
2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 2nd day of September, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
EXHIBIT A