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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/03/2017 - SECOND READING OF ORDINANCE NO. 142, 2016, APPROVAgenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY January 3, 2017 City Council STAFF Laurie Kadrich, Director of PDT SUBJECT Second Reading of Ordinance No. 142, 2016, Approving and Authorizing the Mayor to Execute Amendment Number One to the Intergovernmental Agreement Between the City and Larimer County Regarding Cooperation on Managing Urban Development Within the Fort Collins Growth Management Area and Amending the Boundaries of the Fort Collins Growth Management Area. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 20, 2016, amends the Intergovernmental Agreement (IGA) with Larimer County regarding the Growth Management Area (GMA) boundary to ratify the same boundary agreed to by the City of Fort Collins and the Town of Timnath. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 20, 2016 (w/o attachments) (PDF) 2. Ordinance No. 142, 2016 (PDF) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY December 20, 2016 City Council STAFF Laurie Kadrich, Director of PDT SUBJECT First Reading of Ordinance No. 142, 2016, Approving and Authorizing the Mayor to Execute Amendment Number One to the Intergovernmental Agreement Between the City and Larimer County Regarding Cooperation on Managing Urban Development Within the Fort Collins Growth Management Area and Amending the Boundaries of the Fort Collins Growth Management Area. EXECUTIVE SUMMARY The purpose of this item is to amend the Intergovernmental Agreement (IGA) with Larimer County regarding the Growth Management Area (GMA) boundary to ratify the same boundary agreed to by the City of Fort Collins and the Town of Timnath. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION On October 14, 2014, City Council adopted an amended IGA with the Town of Timnath that established a mutually beneficial GMA boundary between the two communities. The boundary was established by using Interstate Highway 25 as the general boundary separating the two communities. However, there are some portions of the Fort Collins GMA that are east of I-25 due to previous developments in those areas. Since the adoption of the Fort Collins-Timnath IGA, Timnath and Fort Collins have been working with Larimer County to modify the Larimer County GMA boundary to reflect the boundary agreed to by the municipalities. The Fort Collins-Larimer County GMA was established in 1980 and last modified in November 2000. Both municipalities attended the Larimer County Planning Commission on October 19, 2016 to recommend a zoning map amendment be enacted to identify the new boundary. The Planning Commission agreed with the municipalities and forwarded a recommendation to amend the County Zoning map to reflect the new boundary. On November 21, 2016 the Board of County Commissioners agreed with the County Planning Commission to amend the zoning map to adjust the GMA boundary as suggested by Timnath and Fort Collins. As such, staff is recommending that Council amend the Fort Collins-Larimer County IGA to reflect the new boundary as identified in the Larimer County Zoning Map amendment and the Fort Collins-Timnath IGA. PUBLIC OUTREACH On February 22, 2016 Fort Collins, Timnath and Larimer County hosted a public informational meeting in Timnath to review the boundary changes adopted by Timnath and Fort Collins. Around 100 residents attended the meeting. Two primary concerns were mentioned by the residents. First, residents preferred to remain in the County and second, that the Town of Timnath was increasing its northern boundary north of Cobb Lake. There were few concerns expressed regarding the boundary between Fort Collins and Timnath. On October 19, 2016 Larimer County held a public hearing regarding amending the Zoning Map. One resident expressed concern due to a pending land sale. Staff reached out to the resident following the hearing and provided options to address her concerns. ATTACHMENT 1 Agenda Item 10 Item # 10 Page 2 ATTACHMENTS 1. Proposed Fort Collins Growth Management Area (PDF) -1- ORDINANCE NO. 142, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER ONE TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND LARIMER COUNTY REGARDING COOPERATION ON MANAGING URBAN DEVELOPMENT WITHIN THE FORT COLLINS GROWTH MANAGEMENT AREA AND AMENDING THE BOUNDARIES OF THE FORT COLLINS GROWTH MANAGEMENT AREA WHEREAS, pursuant to Resolution 2006-107, the City of Fort Collins (“City”) entered into that certain Intergovernmental Agreement regarding Cooperation on Managing Urban Development dated June 24, 2008 (the “Fort Collins-County IGA”) with Larimer County, Colorado (the “County”), which IGA superseded all prior intergovernmental agreements entitled “Regarding Cooperation on Managing Urban Development; and WHEREAS, among other matters, the Fort Collins-County IGA established the then- current boundaries of the Fort Collins Growth Management Area (“Fort Collins GMA”), representing areas that the County and City agree are appropriate for urban development with urban levels of public services and facilities, (also known as the Fort Collins Urban Growth Area) as defined by Article XIII of the Fort Collins City Charter and Section 2 of the City Code; and WHEREAS, the County has adopted the Fort Collins GMA as an overlay zoning district pursuant to Section 4.2 of the Larimer County Land Use Code to address standards for urban development with urban levels of public services and facilities for such areas; and WHEREAS, pursuant to Paragraph 11 of the Fort Collins-County IGA, the City and County have agreed that any amendments to the Fort Collins GMA shall be mutually agreed upon in writing by the parties and that the County shall implement such amendments pursuant to the procedures and requirements for amendments to zoning district boundaries set forth in the Larimer County Land Use Code; and WHEREAS, the City and the Town of Timnath, Colorado (“Town”) are parties to that certain Seventh Amendment to Intergovernmental Agreement (Regarding Cooperation on Annexation, Growth Management and Related Issues) dated October 28, 2014 (the “Fort Collins- Timnath IGA”); and WHEREAS, among other matters, the Fort Collins –Timnath IGA, calls for adjustment of the Fort Collins GMA as set forth therein, effective upon approval of the County; WHEREAS, the City and the County desire to enter into Amendment Number One to the Fort Collins-County IGA substantially in the form attached hereto as Exhibit A (“Amendment Number One”) to adjust the Fort Collins GMA boundaries to be as set forth therein; and -2- WHEREAS, on November 21, 2016, the Larimer County Board of County Commissioners approved Amendment Number One to the Fort Collins-County IGA and adjusted its Land Use Code to adopt the revised GMA boundaries as set forth therein; and WHEREAS, the City further desires to confirm and enact the modification of the Fort Collins GMA boundaries as set forth in Amendment Number One. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That Amendment Number One to the Fort Collins-County IGA substantially in the form attached hereto as Exhibit “A,” is hereby approved and the Mayor is hereby authorized to execute Amendment Number One. Section 3. That the boundaries of the City of Fort Collins Growth Management Area, also known as the Fort Collins Urban Growth Area, shall hereinafter be as set forth in Amendment Number One, and the City of Fort Collins Zoning Map and all other references to the Urban Growth Area or Growth Management Area and the boundaries thereof are hereby amended to refer to the boundaries as set forth in Amendment Number One. Introduced, considered favorably on first reading, and ordered published this 20th day of December, A.D. 2016, and to be presented for final passage on the 3rd day of January, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of January, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Final 9.29.16 AMENDMENT NUMBER ONE TO INTERGOVERNMENTAL AGREEMENT (Regarding Cooperation on Annexation, Growth Management and Related Issues) THIS AMENDMENT NUMBER ONE TO INTERGOVERNMENTAL AGREEMENT (“Amendment”) is made and entered into this ____ day of _____, 2017 by and between LARIMER COUNTY, COLORADO, a body politic organized under and existing by virtue of the laws of the State of Colorado (“County”) and THE CITY OF FORT COLLINS, COLORADO, a Colorado home rule municipal corporation (“City”). RECITALS WHEREAS, pursuant to Resolution 2006-107, the City entered into that certain Intergovernmental Agreement regarding Cooperation on Managing Urban Development dated June 24, 2008 (the “Fort Collins-County IGA”) with Larimer County, Colorado (the “County”); and WHEREAS, among other matters, the Fort Collins-County IGA establishes the boundaries of the Fort Collins Growth Management Area (“Fort Collins GMA”), representing areas that the County and City agree are appropriate for urban development with urban levels of public services and facilities; and WHEREAS, the County has adopted the Fort Collins GMA as an overlay zoning district pursuant to Section 4.2 of the Larimer County Land Use Code to address standards for urban development with urban levels of public services and facilities for such areas; and WHEREAS, pursuant to Paragraph 11 of the Fort Collins-County IGA, the City and County have agreed that any amendments to the Fort Collins GMA shall be mutually agreed upon in writing by the parties and that the County shall implement such amendments pursuant to the procedures and requirements for amendments to zoning district boundaries set forth in the Larimer County Land Use Code; and WHEREAS, the City and the Town of Timnath, Colorado (“Town”) are parties to that certain Seventh Amendment to Intergovernmental Agreement (Regarding Cooperation on Annexation, Growth Management and Related Issues) dated October 28, 2014 (the “Fort Collins- Timnath IGA”); and WHEREAS, among other matters, the Fort Collins –Timnath IGA, calls for adjustment of the Fort Collins GMA as set forth therein, effective upon approval of the County; and WHEREAS, the City and the County wish to adjust the Fort Collins GMA boundaries as set forth in this Amendment. EXHIBIT A Final 9.29.16 NOW, THEREFORE, in consideration of the mutual promises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. That Section 1 of the Fort Collins-County IGA is hereby amended by deleting Exhibit “1” attached thereto, setting forth the boundaries of the Fort Collins GMA, in its entirety and substituting Exhibit 1 attached to this Amendment in lieu thereof. 2. That as of the date of this Amendment, the City and County agree that the boundaries of the Fort Collins GMA shall be as set forth on Exhibit 1 attached to this Amendment and the County shall implement such amendment of the Fort Collins GMA pursuant to the procedures and requirements for amendments to zoning district boundaries set forth in the Larimer County Land Use Code. 3. That Exhibit “2” is attached hereto for the purpose of illustrating the modifications of the Fort Collins GMA as agreed upon with Timnath in the Fort-Collins-Timnath IGA. 4. That except as expressly modified by this Amendment, the Fort Collins-County IGA shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment to be effective as of the day and year first written above. CITY OF FORT COLLINS, COLORADO By: _____________________________ Wade Troxell, Mayor ATTEST: City Clerk Approved as to form: Sr. Assistant City Attorney Final 9.29.16 LARIMER COUNTY, COLORADO By: _____________________________ Chair, Board of County Commissioners ATTEST: Approved as to form: County Attorney EXHIBIT 1 Fort Collins Growth Management Area - Changes December, 2016 EXHIBIT 2