Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/16/2014 - SECOND READING OF ORDINANCE NO. 113, 2014, APPROVIAgenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY September 16, 2014 City Council STAFF Laurie Kadrich, Community Development & Neighborhood Services Dir Karen Cumbo, Director of PDT SUBJECT Second 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 This Ordinance, adopted unanimously on First Reading on September 2, 2014, updates 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 Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (PDF) 2. Ordinance No. 113, 2014 (PDF) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY September 2, 2014 City Council STAFF Laurie Kadrich, Community Development & Neighborhood Services Dir Karen Cumbo, Director of PDT SUBJECT Second 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. ATTACHMENT 1 Agenda Item 14 Item # 14 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 14 Item # 14 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) - 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 2nd day of September, A.D. 2014, and to be presented for final passage on the 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ Chief Deputy City Clerk Passed and adopted on final reading on the 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT A Page 4 of6 municipalities, as well as the expenditure of money. Accordingly, Timnath and Fort Collins agree to evaluate potential revenue sharing alternatives within the Proposed Influence Areas as described in Section 1.4 in percentages yet to be determined. For areas outside the Proposed Influence Areas, neither party shall be entitled to any share of the revenues generated by any parcel of property located in the other party's GMA, nor shall either party be entitled to any design or development review, other than such statutory review as both parties agree is applicable to home-rule municipalities and such review as may be required by the municipal code of one party, in its sole and exclusive discretion, in granting review rights to the other. 4.2 Early Development. The owners of any property that is the subject of a development project approved by either municipality within the Proposed Influence Areas as shown on Exhibits "A" and "B" prior to the completion of a revenue sharing agreement between Timnath and Fort Collins shall be required by the approving municipality to enter into a development agreement whereby such owners, on behalf of themselves and their successors in interest, agree to financially participate, on a proportionately equitable basis, in any future revenue sharing program as may reasonably be established between the municipalities. Any such development agreement shall name the non-approving municipality as a third party beneficiary with respect to this revenue sharing provision. 4.3 Poudre School District Land. If requested by the Poudre School District in accordance with Colorado law, Fort Collins agrees to consider the disconnection of that certain parcel of land more particularly described on Exhibit "E" attached hereto. In the event that said land (or any part thereof) is, after disconnection from Fort Collins, commercially developed, such development shall, by development agreement, be subject to revenue sharing in the same manner and under the same requirements as are set out in Section 4.1 above. 7. That Exhibit "F", which describes the TGMA and the FCGMA boundaries between Timnath and Fort Collins as they were established in 2009 is hereby amended as shown on Exhibit "F-1" attached hereto. 8. That Exhibits "A", "B", and "C" which describe the Proposed Influence Areas at the Prospect interchange, the Mountain Vista interchange and the Mulberry interchange, are hereby added. 9. That the areas shown on Exhibit "G" are intended to be transferred from the FCGMA to the TGMA which transfer will become effective only upon written approval by Larimer County. 10. No Further Modification. Except as expressly amended by this full Amendment, the Intergovernmental Agreement is unmodified and shall continue in full force and effect.