Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/16/2019 - ITEMS RELATING TO THE FOSSIL CREEK RESERVOIR AREAAgenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY July 16, 2019 City Council STAFF Pete Wray, Senior City Planner Cameron Gloss, Planning Manager Brad Yatabe, Legal SUBJECT Items Relating to the Fossil Creek Reservoir Area Plan-Transfer of Density Units Program Closure. EXECUTIVE SUMMARY A. Resolution 2019-077 Amending the Fossil Creek Reservoir Area Plan to Close the Transfer of Density Units Program. B. Resolution 2019-078 Approving and Authorizing the Mayor to Execute Amendment Number Two to the Intergovernmental Agreement Between the City and Larimer County Regarding Cooperation on Managing Urban Development Within the Fort Collins Growth Management Area to Close the Transfer of Density Units Program and Update Certain References. The purpose of this item is to consider closure to the Fossil Creek Reservoir Transfer of Density Units (TDU) Program, adopted September 22, 1998, by the Larimer County Board of Commissioners. The TDU Receiving Area is essentially annexed and built out, with only one remaining parcel with limited development potential. This item includes amendments to both the Fossil Creek Reservoir Area Plan and the Intergovernmental Agreement Regarding Cooperation on Managing Urban Development. STAFF RECOMMENDATION Staff recommends adoption of the Resolutions. BACKGROUND / DISCUSSION In April 1995, the Larimer County Planning Commission, along with the Cities of Fort Collins and Loveland, adopted the Plan for the Region Between Fort Collins and Loveland. The main premise of this Plan was to maintain separation between the two developing municipalities by preserving rural land use patterns and protecting sensitive natural resources occurring throughout the Plan area. In March 1998, the Larimer County Planning Commission, in collaboration with the City of Fort Collins, adopted the Fossil Creek Reservoir Area Plan. The intent of this Plan was to facilitate coordinated development patterns and practices in a specific area in the southeastern reaches of the Fort Collins Growth Management Area (GMA). Protection of environmental and natural resources along the shores of the Fossil Creek Reservoir was a significant feature of the Plan, which established a ¼ mile natural resource buffer around the edges of the reservoir, thus limiting development from encroaching into this sensitive natural area. In September 1998, the Board of County Commissioners approved the Transferable Density Units for the Fossil Creek Reservoir Area Plan, which was a unique program to Larimer County. Transfer of Density Unit (TDU) programs are a growth management strategy that allows for the movement of unrealized development rights (density) from one property to another property in a specified plan area. The results of such programs Agenda Item 11 Item # 11 Page 2 are higher densities in the “receiving areas” where development is desired and lesser density in the “sending areas” where development is discouraged. For more than 20 years, Larimer County and the City of Fort Collins have cooperatively implemented the land use objectives and strategies for the jointly adopted Fossil Creek Reservoir Area Plan. The County TDU program was an instrumental part of the Plan as it provided landowners in the receiving areas a way to realize significantly higher development densities than would have been achieved by existing county zoning. Furthermore, the TDU program achieved desired outcomes in the sending areas by minimizing impacts to lands identified as having important community values, which primarily included properties around the reservoir and in the separator area for Fort Collins and Loveland. In accordance with this program, proposed developments in the Transfer Density Unit "Receiving Area” (described below) were reviewed in the County prior to consideration for annexation. The Larimer County Planning Department was the primary reviewing authority for landowners and developers with land in the Receiving Area. This process of County plan review, followed by annexation, was implemented for all projects submitted for development in the TDU receiving area, and described in the Larimer County and City of Fort Collins Intergovernmental Agreement for the Growth Management Area. The TDU program provided landowners the means to transfer development potential from one parcel of land to another. The purpose was to guide future growth in the County toward areas designated for higher density development, and away from areas that have important community values. The TDU program established a procedure to evaluate the development potential of a parcel and translate it into tradable units, or TDUs. Land within the Fossil Creek TDU program area is located within either the "Sending Area" or the "Receiving Area. Higher residential densities required by the Plan were located in the Receiving Area, which consists of approximately 900 acres north of Fossil Creek Reservoir, anticipated for annexation by Fort Collins. (Attachment 1) The remainder of lands covered by this Plan were in the Sending Area (approximate one-mile corridor bounded by I-25 to the east, Highway 287 to the west, CO Rd 30 to south, and Carpenter Road and Fossil Creek Reservoir to north). Details and Status of Program • A property evaluation system resulting in a certificate disclosing the allowable number of TDUs that can be transferred from one property to another. • Bonus TDU allowances for preservation of land that possesses important features valued by the community. • An open market system of selling and buying TDUs allowing landowners and developers to negotiate a fair market price for TDUs. • Since 1998, approximately 1,760 TDUs have been transferred into the Receiving Area from properties in the Sending Area. • As a result of a series of annexations in the Fossil Creek Reservoir area over the past three years, one “receiving area” parcel remains in the Fossil Creek Reservoir Plan Area, owned by Swift Farms LLC. This 20-acre parcel contains three single family residences, a dog school, and several agricultural-related outbuildings. This property has minimal development potential. • The TDU Program has been successful in reducing density and protecting open lands within the Fort Collins-Loveland Community Separator area and preserving important natural resource lands surrounding the Fossil Creek Reservoir area. • As a growth management tool, the use of TDUs can be effective in reducing density and development potential for identified open lands and critical natural resource areas. The Fossil Creek Reservoir TDU Program accomplished these objectives to a certain degree for the Loveland/Fort Collins Community Separator, and Fossil Creek Reservoir Resource Management Area. • Other growth management tools both jurisdictions have implemented have similar and often more effective results, such as conservation easements, land acquisition, cluster development, development regulations and other management plans. Agenda Item 11 Item # 11 Page 3 • Presently, the TDU Receiving Area is primarily annexed and built out, with only a few small parcels remaining, including Homestead Estates which is an existing platted subdivision. As a result, both County and City staff acknowledge the TDU Program has reached completion. Proposed Amendments Closure to the TDU program will require the following actions by both the City and County: 1. Amendment of the Fossil Creek Reservoir Area Plan to eliminate references to the TDU program. 2. Amendment of the Larimer County and City of Fort Collins Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management and Related Issues (“IGA”) to remove specific references to the administration and implementation of Fossil Creek Reservoir Area Plan being affected by the repeal of the Transferable Density Units for the Fossil Creek Reservoir Plan. Amending the IGA will only affect the manner in which the City and County administer development review and annexation practices within the Fossil Creek Reservoir Plan Area. Additional amendments to the IGA to correct references to the Larimer County Land Use Code and internal IGA references are also proposed. Larimer County Action Only: 1. Amendment to repeal the TDU Program. 2. Deletion of County Land Use Code Section 4.2.3 - Fossil Creek Reservoir TDU Overlay Zone, and renumeration of Section 4.2.4 - Cooperative Planning Area Overlay Zone. 3. Deletion of Section 15.2.2 - Supplementary Regulations for Growth Management Areas. To view entire Fossil Creek Reservoir Plan, go to https://www.fcgov.com/planning/pdf/fossil-creek-doc.pdf. BOARD / COMMISSION RECOMMENDATION At its May 15, 2019, meeting, the Larimer County Planning Commission voted (7-0) on the consent agenda to recommend the Board of County Commissioners approval of the items relating to closing the Fossil Creek Reservoir TDU Program. At its May 16, 2019, meeting, the Planning and Zoning Board voted (6-0) on the consent agenda to recommend City Council approval of the items relating to closing the Fossil Creek Reservoir TDU Program. On June 10, 2019, the Larimer County Board of Commissioners voted (3-0) on the consent agenda to close the Fossil Creek Reservoir TDU Program by amending the Fossil Creek Reservoir Area Plan, the Larimer County Land Use Code, and the IGA, all as recommended by County staff and the Larimer County Planning Commission. PUBLIC OUTREACH Prior to the June 10, 2019, Board of County Commissioners meeting, County staff provided notice to the property owner of the sole remaining TDU regarding the proposed elimination of the TDU program. County staff did not receive any objection from the property owner. ATTACHMENTS 1. Transfer Density Units Receiving Area Location Map (PDF) Carpenter Rd State Highway 392 Kechter Rd E County Road 36 S Timberline Rd E Trilby Rd Ziegler Rd Strauss Cabin Rd S County Road 11 S County Road 9 !"`$ ôZYXW Fossil Creek Reservoir Area Plan - Receiving Area CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: April 22, 2019 Parcels Receiving Area Fossil Creek Subarea Plan Boundary 0 0.25 0.5 0.75 1Miles Scale 1:27,460 © ReceRiveimngaining Property ATTACHMENT 1 -1- RESOLUTION 2019-077 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE FOSSIL CREEK RESERVOIR AREA PLAN TO CLOSE THE TRANSFER OF DENSITY UNITS PROGRAM WHEREAS, the Fossil Creek Reservoir Area Plan (the “Plan”) is a collaborative planning document drafted and adopted by the City and Larimer County; and WHEREAS, City Council originally adopted the Plan in 1998 by Resolution 1998-054; and WHEREAS, the Plan has been subsequently amended by Resolution 1999-015, 1999- 074, 2006-092, and 2011-023; and WHEREAS, the City and Larimer County desire to further amend the Plan to remove references to the Transfer of Density Units Program as set forth in the attached Exhibit “A,” which is incorporated by this reference; and WHEREAS, on May 16, 2019, Fort Collins Planning and Zoning Board unanimously recommended as part of its adopted consent agenda that City Council approve the proposed changes to the Plan; and WHEREAS, City Council has determined that it would be in the best interests of the City to amend the Plan as set forth in Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That City Council hereby adopts the changes to the Plan set forth in Exhibit “A” and directs City staff to make such changes to the Plan. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of July, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ City Clerk EXHIBIT “A” 1 AMENDMENTS TO THE FOSSIL CREEK RESERVOIR AREA PLAN Text that is struck through indicates current text to be deleted. Text that is highlighted indicates text to be added to the current text. Only the strike throughs and highlights described below will be changed and all other portions of the Fossil Creek Reservoir Area Plan shall remain unchanged except that information indicating the dates of amendments shall be updated at the beginning of the Fossil Creek Reservoir Area Plan. 1. The following change will be made to the text on page i of the Executive Summary: This project is unique in that both jurisdictions – while operating under different land use regulations and planning environments – came together and worked through many complex issues and policy decisions, ultimately resulting in a jointly adopted Plan. The Plan is intended to balance urban development and environmental conservation by recommending a unique combination of City-County integrated implementation strategies. The key to the success of the planning effort is the formulation and adoption of a Transfer of Density Units program by Larimer County. 2. The following change will be made to the text on page ii of the Executive Summary: A Transfer of Density Units (TDU) Program for Larimer County was initiated by establishing a program specifically for the Fossil Creek Reservoir Area. This tool, in combination with other land management strategies, provides a mechanism for establishing a community separator between Loveland, Fort Collins and Windsor. Adoption of a Transfer of Density Units (TDU) Program was not intended to occur at the time of Plan adoption, however, it is included in the proposed Implementation Action Plan. 3. The following change will be made to the text on page 4 of Chapter 1: ● A Plan for the Region between Fort Collins and Loveland (the "Corridor Plan"), designates land to be protected as open space, maintaining a permanent separation between Fort Collins and Loveland, which suggests higher urban density in the Fossil Creek Reservoir Area and calls for an investigation of the TDU Program as an important implementation tool. 4. The following change will be made to the text on page 8 of Chapter 2: f. Provide a "Transfer of Density units" (TDU) program in which development units may be transferred from the region between Fort Collins and Loveland to the Receiving Area portion of the Fossil Creek Reservoir Area Plan, depicted on the TDU Sending and Receiving Area Map, located at the end of Chapter 6. fg. Achieve higher densities where they are appropriate and feather to lower densities as development nears Fossil Creek Reservoir. EXHIBIT “A” 2 5. The following change will be made to the text on pages 13-14 of Chapter 2: 2.2.7. Transfer of Density Units. The Fossil Creek Reservoir Transfer of Density Units (TDU) Program, adopted September 22, 1998, by the Larimer County Board of Commissioners, provideds landowners the means to transfer development potential from one parcel of land to another. The TDU Program was discontinued in 2019 because the objectives of the TDU Program were accomplished with the annexation and development build-out of the TDU Receiving Area. The purpose is to guide future growth in the County toward areas designated for higher density development, and away from areas that have important community values. Its goals are to promote the preservation of agriculture, open space, scenic vistas, natural and environmental resources, and recreational lands. The TDU program establishes a procedure to evaluate the development potential of a parcel and translate it into tradable units, or TDU’s. Lands within the Fossil Creek TDU program area fall within either the “Sending Area” or the “Receiving Area”. Higher residential densities required by this Plan are located in the Receiving Area, which consists of approximately 900 acres north of Fossil Creek Reservoir. The remainder of lands covered by this Plan are in the Sending Area. (See the TDU Sending/Receiving Areas Map, at the end of Chapter 6.) Receiving Area Landowners who choose to develop must either cluster residential development without using TDUs or may develop by acquiring TDUs. A landowner or developer in the Receiving Area may bargain to arrive at a fair market price for TDUs with any willing seller in the Sending Area holding a TDU certificate. To develop in the Receiving Area without using TDUs, the landowner or developer must have the County Planning Department determine an acceptable range of dwelling units allowed for the parcel, this number will be based on County zoning and site constraints. Dwelling units must be clustered to meed land use and density requirements with any remaining developable land being designated for “future development”, and developed only by transferring TDUs from Sending Areas. Larimer County Planning Department is the primary contact for landwoners and developers with land in the Receiving Area. Sending Area Landowners in Sending Areas who wish to be compensated for limiting or foregoing the development of their land can sell transferable EXHIBIT “A” 3 density units to buyers in the Receiving Area. The TDU Administrator evaluates the parcel to determine the number of transferable density units, or basic allowable TDUs. Factors that may increase the number of TDUs include lands providing: significant natural resource values, important community buffers, agricultural land preservation values, recreational trails or wildlife migration routes, significant historic sites, or environmental education opportunities. Conditions that may decrease the number of TDUs include parcel size (less than 40 acres), physical or public utility limitations of the parcel which limit development potential, and distance from existing development. Sending area sites that are outside the Fossil Creek Reservoir planning area were designated separately and are not a part of the Fossil Creek Reservoir Area Plan. For additional information on the Fossil Creek Reservoir Area Transfer of Density Units Program contact the Larimer County Planning Department. 6. The following change will be made to the text on page 16 of Chapter 2: FC-LUF-2 Rural Residential. Areas currently zoned FA-1 and AP-Airport which are not designated for urban residential useare included in potential sending areas in the proposed TDU program. However, if developed they should be developed at residential densities consistent with the rural conservation development policy contained in the Larimer County Master Plan. The AP- Airport zoning south of County Road 32, adjacent to the I-25 Interstate exchange remains designated a mixed-use area as denoted in A Plan for the Region Between Fort Collins and Loveland, “The Corridor”. FC-LUF-3 Mixed-Use Neighborhoods. These neighborhoods will consist of a mix of housing types near parks, schools, and a neighborhood center. For development projects south of Kechter Road, and east of Timberline Road, tThe density will be a minimum overall average of 3 dwelling units per net acre of residential land. The maximum density of any development plan taken as a whole will be 9 dwelling units per gross acre of residential land. The maximum density of any phase in a multiple-phase development plan or an affordable housing project shall be 12 dwelling units per gross acre of residential land if located within the TDU Receiving Area. This residential classification will require design and development standards agreed upon by both Larimer County and the City of Fort Collins. The method of calculating density is shown in Appendix A. Future development within the mixed-use neighborhood designation locatedoutside of the TDU Receiving Area (including north of Kechter Road, and west of Timberline Road), will have an overall minimum average density of 4 dwelling units per net acre of residential land, and an overall maximum density of 9 dwelling units per gross acre of residential land. The maximum density of any phase in a multiple-phase development plan or an affordable housing project shall be 12 EXHIBIT “A” 4 dwelling units per gross acre of residential land. 7. The following change will be made to the text on pages 29-30 of Chapter 4 with the subsequent subsections b. through h. on pp. 30-32 appropriately relettered: a. Transfer of Density Units (TDU) Program. One of the goals of the TDU program is to promote the preservation of natural and environmental resources. Lands within the Fossil Creek TDU program area fall within either the “Sending Area” or the “Receiving Area,” as defined in Chapter 2. If a property develops at residential densities allowed by County zoning, it will be required to "cluster" the allowed number of dwelling units at Plan density and according to the new design standards for the planning area. Sending area sites that are outside the Fossil Creek Reservoir planning area will be designated separately from the adoption of the Fossil Creek Reservoir Area Plan. 8. The following change will be made to the text on page 33 of Chapter 4: 4.1.4. Other Open Lands Outside of the Resource Management Area The Fossil Creek Reservoir Area Plan identifies other open lands outside of the Resource Management Area that will remain rural lands. These are lands identified in A Plan for the Region Between Fort Collins and Loveland and Fort Collins City Plan as “proposed open lands.” The intent of this category of land is for community separators between Fort Collins, Loveland, and Windsor, as well as protection of views and rural character along I-25. These lands may remain in agricultural use. Principle strategies to protect these lands will likely include conservation easements, and clustering, and utilization of the County’s TDU Program. 9. The following change will be made to the text on page 39 of Chapter 6: • Development of a Larimer County Transfer of Density Unit Program for the Fossil Creek Reservoir Area Plan. (Adopted September 22, 1998, by the Larimer County Board of Commissioners.) 10. The following change will be made to the text on page 40 of Chapter 6: ● Require clustered development patterns utilizing existing County FA-1 Zone densities that will allow continued development in the Fossil Creek Reservoir Area. As noted in the Implementation Action Plan the County will then continue to work toward establishment of a Transfer of Density Units program to achieve the planned densities for the residual land in the cluster development. 11. The following change will be made to the text on page 41 of Chapter 6: EXHIBIT “A” 5 FC-I-5 The balance of the planning area south of County Road 36 and east of County Road 11 shall remain under current County zoning of FA-1 Farming (TDU Receiving Area). The City will not annex these areas until development has occurred at Plan densities and standards by utilization of the proposed TDU Program. In the interim, dDevelopment policies and proposal regulations shall require development proposals to meet the following standards: FC-I-5.1 The maximum number of units which may be developed are based on the underlying zoning and are calculated as follows: Total number of acres, less areas in designated flood ways, divided by minimum lot size for the applicable zoning classification. FC-I-5.2 All dwelling units must be located in clusters on the site such that the cluster is consistent with the planned densities and standards specified in the Land Use Framework Plan and development regulations for the Fossil Creek Reservoir Area. The residual area of the development not in the cluster must be designated as a future development area. FC-I-5.3 The designated future development area could further be developed to planned densities and standards upon adoption of a Transfer of Density Unit Program Land Regulation by Larimer County. 12. The following change will be made to the text on page 42 of Chapter 6: The northwest and southwest corners of County Road 32 and I-25 have a statement on the Plan map indicating that when development is proposed in these areas then a unified development plan is encouraged, but not required, to be submitted for the development parcel and all other parcels in the designated areas north of County Road 32 or south of County Road 32. The objective of the overall development plan requirement is to achieve coordinated site planning of water and sewer infrastructure, internal road circulation/access to the frontage roads and potential land use relationships. The Plan should be at the concept level and would not depend upon detailed engineering. This submittal will enable the applicant, surrounding property owners and review agencies supplying infrastructure an improved opportunity to coordinate planning efforts, achieve infrastructure cost economies, and iensure efficient transportation circulation to serve potential land uses. These areas are included in the Larimer County TDU “Sending Area” and land owners are encouraged to participate I that program. FC-I-7 Larimer County adopted the Transfer of Density Units (TDU) program, along with supporting maps, for the Fossil Creek Reservoir planning area on September 22, 1998. The Transfer of Density Units program was discontinued in 2019.receiving area for this program is within the Growth Management Area portion of the planning area, while the majority of the sending area sites are EXHIBIT “A” 6 located outside the planning area in the region between the cities of Fort Collins and Loveland. 13. The following change will be made to the text on page 44 of Appendix A: GM-3 Larimer County will use transfer of development rights as a tool to protect important County resources, where appropriate. GM-3-s1 Larimer County shall continue to develop a transfer of development rights program in cooperation with the municipalities of the County. GM-3-s2 The transfer of development rights program shall include a means to identify or define areas where transfer of development rights will be used to protect important resources, called “sending areas”. 14. The following change will be made to the text on page 67 of Appendix C: -1- RESOLUTION 2019-078 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER TWO TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND LARIMER COUNTY REGARDING COOPERATION ON MANAGING URBAN DEVELOPMENT WITHIN THE FORT COLLINS GROWTH MANAGEMENT AREA TO CLOSE THE TRANSFER OF DENSITY UNITS PROGRAM AND UPDATE CERTAIN REFERENCES 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, the Fort Collins-County IGA was subsequently amended by Ordinance No. 142, 2016 to change the boundary of the City’s Growth Management Area; and WHEREAS, the City and County wish to further amend the Fort Collins-County IGA to remove references to the Transfer of Density Units Program and to correct references to the Larimer County Land Use Code and internal references in substantially the same form as set forth in Amendment Number Two To Intergovernmental Agreement (Regarding Cooperation on Annexation, Growth Management and Related Issues) (“Amendment Number Two”) attached hereto as Exhibit “A” and incorporated by this reference; and WHEREAS, on May 16, 2019, Fort Collins Planning and Zoning Board unanimously recommended as part of its adopted consent agenda that City Council approve Amendment Number Two to the Fort Collins-County IGA; and WHEREAS, City Council has determined that it would be in the best interests of the City to adopt Amendment Number Two to the Fort Collins-County IGA in substantially the same form as set forth in Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby approves Amendment Number Two to the Fort Collins-County IGA and authorizes the Mayor to execute Amendment Number Two in substantially the same form as set forth in Exhibit “A” subject to minor modifications as the City Manager, in consultation with the City Attorney, determines necessary and appropriate to protect the interests of the City or to effectuate the purposes of this Resolution. -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of July, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ City Clerk AMENDMENT NUMBER TWO TO INTERGOVERNMENTAL AGREEMENT (Regarding Cooperation on Annexation, Growth Management and Related Issues) THIS AMENDMENT NUMBER TWO TO INTERGOVERNMENTAL AGREEMENT (“Amendment Number Two”) is made and entered into this ____ day of ________________, 2019 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, Amendment Number One to the Fort Collins-County IGA dated January 16, 2017, (“Amendment Number One”) was adopted to adjust the Fort Collins Growth Management Area; and WHEREAS, the County and City desire to further amend the Fort Collins-County IGA to eliminate references to the Transfer of Density Units Program and to correct certain references to the Larimer County Land Use Code and references internal to the Fort Collins-County IGA as set forth in this Amendment Number Two. 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 4 of the Fort Collins-County IGA is hereby replaced in its entirety by the following: 4. Development Regulations. The City acknowledges that the County has adopted certain land use regulations to implement the prior Intergovernmental Agreement for the GMA entered into between the parties on May 5, 1998. These regulations are contained in the Larimer County Land Use Code at Section 4.2.1 (Growth Management Area Overlay Zone District) and Section 8.18 (Large Retail Development). The City acknowledges and agrees that the County through exercise of its legislative authority and discretion may amend these GMA regulations from time to time. Notwithstanding the foregoing, the County acknowledges that its adoption of the above referenced GMA regulations in their current form was a substantial inducement and consideration for the City's entering into this Agreement and the prior May 5, 1998, Intergovernmental Agreement. The County agrees, therefore, that it shall not legislatively amend or fail to follow the GMA regulations and any subsequently adopted agreed upon GMA regulations until it has first referred such proposed amendment or action to the City for its EXHIBIT A recommendation. The City shall provide its written recommendation to the County within ninety (90) days of receipt of the referral for legislative amendments and within thirty (30) days of receipt of the referral for other actions, unless the parties mutually agree upon a longer or shorter time period. In determining whether or not to adopt the proposed amendment or action, the Board of County Commissioners shall give great weight to the recommendation of the City and the extent to which the proposed amendment or action promotes or impairs the purposes of this Agreement, and the various components (elements) of the City's Comprehensive Plan. In the event the County legislatively amends or fails to follow the current or subsequently adopted agreed upon GMA regulations without the City's approval, the City Council may elect to exercise any or all of the following remedies: A. Terminate this Intergovernmental Agreement upon giving sixty (60) days advance notice to the County. B. Refuse to annex any lands or specific parcels of land into the City. C. Cease to maintain any public infrastructure improvements which the City has theretofore agreed to maintain under Section 8 of this Agreement. D. Cease to enforce or attempt to enforce reimbursement agreements for the benefit of the County. E. Cease to collect (and remit to the County) funds as may be levied by the City for county-wide/regional improvements, including, without limitation, regional impact fees. These remedies shall not apply to those occasions when the County modifies such GMA regulations under the provisions and criteria for "Modification of Standards" as contained in the Land Use Code. 2. That Section 5 shall be replaced in its entirety by the following: 5. Applications for Development Within the GMA Zoning District. A. The County agrees it will not accept any development application, as defined in Section 4.2.l.D. of the Larimer County Land Use Code, for property which has any contiguity to the City limits and, thus, can be made eligible for voluntary annexation to the City whether through a series of annexations or otherwise. The owner of such property shall instead be required, prior to development, to seek annexation to the City. The County also will not accept a development application for any property in the GMA which was part of a parcel eligible for annexation as of December 18, 2000, but which is no longer eligible because of subsequent land divisions resulting in a break in contiguity, except land divisions created by court order from probate, dissolution of marriage or eminent domain proceedings. B. If the City denies an annexation petition required to be submitted to it pursuant to above Subsection 5.A., the County may accept the application and process and rule on it in accordance with the Larimer County Land Use Code, unless the City has denied the annexation petition because it contained conditions deemed by the City to be unacceptable, in which case the County will not accept the application. If a property owner whose annexation petition was denied by the City because of unacceptable conditions contained in the annexation petition contends that the resulting inability to develop his or her property in either the City or the County constitutes an unlawful taking, the City and County shall make available to such property owner the takings determination process contained in the City's Land Use Code, which process shall be administered by the City but shall be modified to include both the County Manager and City Manager (or their designees) as the decision makers. If a review of the property owner's claim under the takings determination process results in a determination by either the City Manager or the County Manager that denial of the annexation petition, coupled with the inability to develop the property under the County's jurisdiction, would constitute an unlawful taking of the property owner's property, the County shall thereafter accept the application and process and rule on it in accordance with the Larimer County land use regulations. C. The County and City agree that appeals, interpretations and variances from zoning provisions of the GMA District which are applied at the building permit stage shall be forwarded to the Larimer County Board of Adjustment as provided for in the Larimer County Land Use Code. D. The County agrees that it shall refer to the City for review and comment all development applications, as defined in above Subsection 5.A., for properties located within the GMA. The City shall advise the County whether or not the proposed development complies with the City's Comprehensive Plan and the GMA regulations in the Larimer County Land Use Code. The City shall provide its comments to the County in writing within the time required for county referrals established by State Law. Except to the extent that the City notifies the County through its written comments that the development does not comply with the standards, the County may assume that the proposed development complies with all applicable standards and the County shall have no responsibility to further review the proposed development for compliance with the standards. 3. That Section 7 shall be replaced in its entirety by the following: 7. Annexations. A. It is the City’s intent to annex properties within the GMA as expeditiously as possible consistent with the terms of this Agreement. Except as provided in below Subsection 7.B., the City agrees to consider the annexation of any parcel or parcels of land located within the GMA which are eligible for voluntary annexation pursuant to the provisions of Title 31, Article 12 Colorado Revised Statutes. B. To the extent permitted by law, and except for properties located within the GMA boundary lying south of County Road 32, the City agrees it will not annex property south of County Road 32 (also known as the "Fort Collins/Loveland Corridor") unless the County either requires the landowner to petition for annexation or requests that the City consider annexation. The foregoing limitations on annexation shall not apply to the annexation of publicly owned open space, trails or parklands. C. The City agrees to annex all County Road rights-of-way, easements, etc., adjacent to a voluntary annexation in accordance with Title 31, Article 12 Colorado Revised Statutes; provided, however, that the City may decline to annex such County roads and rights-of-way if annexation of such roads and rights-of-way would impede future annexations anticipated by the City to be accomplished by the use of a "flagpole" configuration or if such County road is primarily used by County development. In the event the City declines to annex any such roads or rights-of-way, it shall provide a written explanation in the annexation impact reports provided to the County outlining the City's reasons for not annexing such roads or rights-of-way. D. The City agrees to pursue involuntary annexation of any parcel that becomes eligible for involuntary annexation. E. The City agrees to pursue annexation of any parcel whose owner has signed an annexation agreement. F. The County agrees that the City, in its sole discretion, (except as provided in above Subsection 7.B. of this Agreement) may annex outside the Fort Collins GMA. The City agrees that proposed annexations outside the GMA will be sent by certified mail to the Board of County Commissioners for review and comment at least thirty-five (35) days prior to the scheduled public hearing on the annexation before the City Council. G. The County agrees to require a binding agreement for future annexation in the form attached as Exhibit 2 as a condition of approval of any development application requiring approval by the Larimer County Board of Commissioners, which is located within the GMA but is not, at the time of development approval, eligible for voluntary annexation to the City. 4. That Section 8 shall be replaced in its entirety by the following: 8. Improvements to and Maintenance of Public Facilities. The County agrees to require development proposals within the GMA to make improvements to County roads consistent with the Larimer County Urban Road Standards for the GMA which, to the extent reasonably feasible (as this term is defined in the Fort Collins Land Use Code), will be consistent with the multi modal and level of service standards for road improvements required by the City inside the City limits. The City agrees to provide routine maintenance and inspection of such public infrastructure improvements (whether on or off the development site) which, but for the design requirements established in Larimer County Land Use Code Section 8.18 for large retail development, would not otherwise have been required by Larimer County Urban Standards. (Examples of such improvements may include transit facilities, bicycle lanes, or parkway/median landscaping.) The City agrees to apply its Off-Site Street Improvements Policy to any development within the City limits which has an identifiable impact on the County road system which may require the developer to make certain improvements to County roads outside the City limits. If improvements are to be made to County roads outside the City limits, the City agrees to send plans of said improvements to the Larimer County Planning Department and Larimer County Public Works Department for review and comment. The City also agrees to provide routine maintenance and inspection of all such public infrastructure improvements (whether on or off the development site) which, but for the design requirements established in Larimer County Land Use Code Section 8.18 for large retail development, would not have been required by Larimer County Urban Standards. (Examples of such improvements may include transit facilities, bicycle lanes, or parkway/median landscaping.) 5. That except as expressly modified by this Amendment Number Two, the Fort Collins-County IGA and Amendment Number One shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment Number Two to be effective as of the day and year first written above. CITY OF FORT COLLINS, COLORADO By: _____________________________ Wade O. Troxell, Mayor ATTEST: City Clerk Approved as to form: Assistant City Attorney LARIMER COUNTY, COLORADO By: _____________________________ Chair, Board of County Commissioners ATTEST: Approved as to form: County Attorney