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HomeMy WebLinkAboutMemo - Read Before Packet - 4/26/2022 - Memorandum Rebecca Everette And Sylvia Tatman-Burruss Re: East Mulberry Work Session Item - Supplemental Information City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com MEMORANDUM Date: April 25, 2022 To: Mayor and City Councilmembers Thru: Kelly DiMartino, Interim City Manager Travis Storin, Chief Financial Officer Caryn Champine, Director of Planning, Development & Transportation Paul Sizemore, Director, Community Development & Neighborhood Services From: Rebecca Everette, Planning Manager Sylvia Tatman-Burruss, Project Manager Re: East Mulberry Work Session Item - Supplemental Information The purpose of this memo is to supplement information shared in the Council Packet for the April 26, 2022 work session item on the East Mulberry Project, including greater detail on the following topics:  Background on Growth Management Area, Larimer County Intergovernmental Agreement, and adopted policy guidance for annexations  History of the East Mulberry Enclave  Potential decision points and next steps for the project At the work session, staff plans to present the above information ahead of the financial modeling conversation and to then offer a “pause” to allow for questions and discussion. Slides will be updated to dive deeper into these topics. Points to be explored in the work session presentation include: History of the Growth Management Area  The City’s Growth Management Area (GMA) was originally established in 1980 through a service area analysis and policy decision by City Council.  The GMA establishes a boundary between areas designated to be served by the City of Fort Collins and areas to be served by Larimer County, as well as a delineation between urban and rural development patterns.  The Fort Collins GMA has been an effective tool for supporting intentional, orderly, and responsible growth for over four decades. The GMA supports urban level development and services within the boundary, and community separators and rural level development outside the GMA. DocuSign Envelope ID: 98BE8AFA-BD91-467F-9925-A78E390A5B25 Intergovernmental Agreement Regarding Cooperation on Managing Urban Development (IGA)  When the GMA was established in 1980, the first Intergovernmental Agreement (IGA) with Larimer County was executed to guide cooperative growth management efforts.  The IGA has since been updated and amended several times to address changed conditions, policies and emerging topics.  The IGA provides specific guidance to both the City and County on the establishment of the GMA, annexation policy, development regulations, public facility improvements and maintenance, and impact fees.  As it relates to annexation, the IGA specifies that: o One purpose is to “[assure] that urban development that occurs in the unincorporated portion of Larimer County in the vicinity of the City of Fort Collins is annexed to the City as soon as possible;” o “Unincorporated land within the Fort Collins Growth Management Area (GMA) boundary be annexed expeditiously by the City when such parcels meet eligibility requirements;” and o “The City agrees to pursue involuntary annexation of any parcel that becomes eligible for involuntary annexation.” Annexation Context  Annexation of land into the City of Fort Collins can occur in three ways: 1) Landowner petition (voluntary); 2) Annexation election (voluntary); or 3) An enclave (involuntary).  The majority of annexations occur via landowner petition, either because they desire City services or in conjunction with development activity.  In 1980, Colorado municipalities were also granted the authority to annex “enclaved” property, and the City of Fort Collins first executed that authority in 1997. Since then, 14 enclaves of varying sizes have been annexed into the City.  Enclaves are formed when land within the City's jurisdiction completely surrounds unincorporated land. Under State law, the City has the discretion to consider annexation of an enclave after three years following formation of the enclave, without the consent of the property owners. Annexation may occur in phases, as appropriate. History of the East Mulberry Enclave  2002: the City and County jointly adopted the East Mulberry Corridor Plan, which corresponded to the potential enclave boundary at the time  2017: Community engagement prior to establishing enclave  July 2018: Council action taken to create the East Mulberry Enclave  2020-2021: East Mulberry Plan Update and Annexation analysis begin  August 2021: Enclave eligible for annexation DocuSign Envelope ID: 98BE8AFA-BD91-467F-9925-A78E390A5B25 Potential Decision Points and Next Steps In evaluating the East Mulberry Vision and Implementation Plan, Council may want to consider a range of options and decisions going forward. Based on direction at the April 26 work session, staff is prepared to proceed with any combination of the following options: 1. Proceed with the East Mulberry Vision and Annexation Implementation Plan o Complete stakeholder engagement and finalize East Mulberry Plan to continue along its current adoption path and timeline (Q4 2022). o Refine financial model to reflect Council priorities and corresponding financial assumptions o Evaluate phasing options and potential timelines o Could establish “go, no-go” thresholds for phasing 2. Proceed with East Mulberry Vision Plan Update (Re-Scoped) and Pause the Annexation Implementation Plan o Council may choose to pause further financial analysis and phasing scenarios. o The pause may also be paired with further guidance from Council to explore annexation policy more generally to create a clearer policy foundation to evaluate East Mulberry and other future annexations (voluntary and involuntary). o A jointly adopted plan could be created to update the shared plan created in 2002 and continue to provide land use and transportation policy guidance for both City and County o Would be a more limited update that reflects changed conditions and priorities for the area, rather than the major plan update currently in progress o The change in direction/scope would require greater engagement with County Planning Staff and Commissioners and would require different and shared approach to community engagement 3. Pause East Mulberry Vision and Annexation Implementation Plan and Review the IGA & Growth Management Area o Evaluate overall GMA boundary, including potential adjustments in key areas of the community o Include exploration of annexation policy, conduct “peer cities” research, and facilitate Council discussion and creation of an annexation policy framework to evaluate East Mulberry and other future annexations. o Continue conversations with Larimer County staff and Commissioners about minor or major updates to the Intergovernmental Agreement o Budget offer will be submitted for 2023-24 to address the need for minor cleanup and/or major changes to the GMA and IGA DocuSign Envelope ID: 98BE8AFA-BD91-467F-9925-A78E390A5B25