Loading...
HomeMy WebLinkAbout1993-035-03/16/1993-COLORADO STATE UNIVERSITY IGA LAND USE COOPERATION STATE BOARD OF AGRICULTURE RESOLUTION 93-35 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING THE DRAFT INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE STATE BOARD OF AGRICULTURE AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH FINAL NEGOTIATIONS WHEREAS, pursuant to Resolution 92-166, the Council of the City of Fort Collins authorized the commencement of negotiations with Colorado State University regarding an intergovernmental agreement, the purpose of which is to establish closer cooperation and coordination of land use and other activities as they affect Colorado State University ("CSU") and the City; and WHEREAS, the City Manager, with the assistance and advice of certain members of the City Council , negotiated with the administrative staff of CSU certain "foundation elements" to guide the City and CSU in the preparation of an intergovernmental agreement for the purpose of providing a framework for the establishment of greater cooperation, coordination and communication with respect to issues pertaining to land use, land development, annexation, utility and traffic operations and other related issues that touch and concern both the City and CSU; and WHEREAS, a draft intergovernmental agreement has been prepared by the City staff and presented to CSU for its review and comment; and WHEREAS, the Council has determined that the draft intergovernmental agreement is acceptable and is desirable in the interest of the protection of the health, safety and welfare of the citizens of the City; and WHEREAS, the Council has determined that it is in the best interests of the City that the City Manager proceed with final negotiations regarding the draft intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That the draft intergovernmental agreement attached hereto and incorporated herein by this reference be and hereby is accepted for official presentation to CSU for review and comment. Section 2. That the City Manager is authorized to finalize the negotiations with CSU regarding said intergovernmental agreement, and present the final draft of the agreement to the Council for its approval . Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 16th day of March, A.D. 1993. Mayor ATTEST: oU L City Clerk INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day of , 1993 , by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation ("the City") and THE STATE BOARD OF AGRICULTURE OF THE STATE OF COLORADO for the use and benefit of COLORADO STATE UNIVERSITY ("CSU") . W I T N E S S E T H : WHEREAS, pursuant to Section 29-1-203 , C.R.S. , governments may cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of the cooperating or contracting units of government; and WHEREAS, any such contract may provide for the joint exercise of the function, service or facility which is the subject of the contract; and WHEREAS, because of the location of the CSU main campus in the heart of the City and because of the extensive economic, cultural, social and demographic influence that CSU exercises in the City, it is imperative that both the City and CSU cooperate to the greatest extent possible in the governance of their respective jurisdictions; and WHEREAS, CSU continues to develop and construct improvements upon its main and auxiliary campuses and other lands owned by CSU, which development and construction can affect the use and enjoyment of adjacent properties in the City, as well as the coordination of City utility, traffic and transportation installations; and WHEREAS, conversely, the growth and development of the City in areas adjacent to CSU campuses or other lands can create influences upon the development of such CSU campuses and lands; and WHEREAS, the parties have accordingly determined that it is in their best interests to enter into this Intergovernmental Agreement for the purpose of providing a framework for the establishment of greater cooperation, coordination and communication with respect to issues pertaining to land use, land development, annexation, utility and traffic coordination and other related issues that touch and concern both the City and CSU; and WHEREAS, the parties have predicated this Agreement upon certain "Foundation Elements" which shall serve as a guide to the intent of the parties in interpreting this Agreement, which Foundation Elements are attached hereto as Exhibit "A" and incorporated herein by this reference. NOW, THEREFORE, in consideration of the mutual covenants of the parties and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1 . Annexation. Upon request of the City, CSU will cooperate in the annexation of all campuses or other properties owned by CSU into the City when each such campus or other property becomes eligible for annexation pursuant to Colorado law. Such annexations shall be subject to the same or similar terms and conditions as have been applied to previous CSU annexations. CSU shall submit to the City its petition requesting annexation within sixty (60) days of the receipt of any such request by the City for annexation. 2 . Master Planning. The parties understand and agree that master (meaning comprehensive/long range) planning can help to avoid the potential for conflict in the development of individual site projects. Accordingly, it is agreed that there exists a need to develop mutual guidelines in order to enable the parties to review and share information on their respective master plans to the extent that such plans affect areas of mutual interest or concern. Such "areas of mutual interest or concern" include by way of example, and not by way of limitation, any planning or development of a project by one of the parties that has an impact upon the other party by reason of the appearance of the project, traffic generated by the project, - environmental impacts (such as air and water quality) generated by the project, impacts upon the delivery of utility services, and impacts upon stormwater drainage systems that jointly affect the parties. Master planning is best facilitated by honest, constructive and open discussions and decision-making. Accordingly, the parties agree to: A. Submit to each other for review and comment all master plans approved or adopted after the date of this Agreement, and all proposed changes in such plans to the extent that any such plans pertain to an area of mutual interest or concern as described above. Each party agrees to exert all reasonable efforts to comply with the recommendations and requests of the other party with respect to any such submitted plans. B. Include City and CSU representatives on any "planning committees" established by either party to the extent that the purpose of any such planning committee is to examine areas of mutual interest or concern as described above. "Planning committee" shall not be deemed to include any board or commission of the City. 2 of 6 - C. Include the City Planning Director as a non-voting, ex-officio member of the CSU Physical Development Committee. D. Cooperate in attending meetings and otherwise communicating with one another on an as-needed basis to resolve disputes and to review one another's plans. 3 . Development of Specific Sites By CSU. The parties recognize the necessity of establishing a land use review procedure for any CSU buildings or other structures proposed to be located within five hundred (500) feet of any City-owned right-of-way or within five hundred (500) feet of any lands not owned by CSU and located within the corporate limits of the City or any such building or structure which affects an area of mutual interest or concern, as described in paragraph 2 . hereof. Accordingly, in the event that CSU should propose to construct any such buildings or other structures located or generating impacts as aforesaid, CSU shall submit complete drawings and site development plans to the City Planning Director, showing the location, character and extent of such proposed improvements. Prior to the submission of such plans, CSU may confer with the City staff regarding the concept of its development proposal. This conceptual review option is made available to CSU for the purpose of helping to ensure that both parties are communicating closely with one another regarding the type of development believed by each party to be desirable. Following submission of the aforesaid drawings and site development plans, the City Planning Director shall review and comment upon such drawings and plans, and, to the extent that the City Planning Director determines that the plans should be amended in order to protect the best interests of the City, the City Planning Director shall communicate those comments and recommendations to CSU and attempt to negotiate the necessary amendments to the plans. (As a part of the City staff review of the proposed plans, City staff may schedule a neighborhood meeting prior to formal submittal of such plans, if it believes such a meeting is necessary to conduct a thorough review of the plans, and CSU agrees to provide appropriate personnel to attend any such neighborhood meeting, which personnel shall be prepared to respond to questions and concerns that might reasonably be anticipated to be raised at such meeting. ) Subsequent to such negotiations, or promptly upon the determination of either party to terminate further negotiation, the City Planning Director shall submit such plans to the Planning and Zoning Board for public review and comment. No construction shall be commenced upon any such property pursuant to any such proposed plan until the Planning and Zoning Board has completed its public 3 of 6 - review and comment upon said plan. It is understood that the final decision of the Planning and Zoning Board upon its review and comment is appealable to the City Council pursuant to Chapter 2 of the City Code and that, upon such appeal, the City Council is also limited to the right to review and comment upon the plan. CSU shall exert all reasonable efforts to comply with the City' s requests with respect t. any such submitted plans. The failure of the City to respond with comments or requests within sixty (60) days after the date that a proposed plan is formally submitted to the City shall be deemed approval of the plan by the City. Said sixty (60) day period shall be stayed pending appeal as above provided. 4 . Development of Specific Sites Affecting CSU. The parties recognize that the development of property adjacent to or in reasonable proximity to CSU lands may have an impact upon property owned by CSU or may affect an area of mutual interest or concern as described in paragraph 2 . of this Agreement. The parties also recognize that the City' s established development review process is available to CSU as a public process for comment upon any such development. However, in an effort to further involve CSU in this development review process, and in an effort to further apprise CSU of the development of specific sites anticipated by the City to generate an impact on an area of mutual interest and concern, the City agrees to exert all reasonable efforts to notify CSU of any such site specific developments and to submit any plans for such developments to CSU for review. Since numerous plans are presented to the City for approval pursuant to its public land use review process, CSU agrees to rely upon the public notices which are provided as a part of that process and the City shall not be responsible to CSU for failing to identify or perceive the generation of an impact upon an area of mutual interest or concern or for the failure to submit a plan perceived by CSU as generating such an impact. However, the City will exert its best efforts to identify such impacts and to submit those plans generating such impacts to CSU. Furthermore, the City will give meaningful consideration to the comments and requests of CSU and will exert all lawful and reasonable efforts to comply with the recommendations of CSU with respect to such plans. 5. Signs. All "signs" as defined in Section 29-1 of the Code of the City, constructed, erected or otherwise located, after the date of the execution of this Agreement, upon property owned or occupied by CSU shall conform to the requirements and restrictions set forth in Sections 29-562 ; 29-595 (except subparagraph "H" thereof) ; and 29-600 of the Code of the City, as such Sections are presently established, copies of which are attached hereto. 6 . Landscaping Standards. CSU shall develop and submit to the City for review within one hundred twenty (120) days of execution of this Agreement, landscape standards and criteria to be utilized by CSU for the construction of any buildings, signs or - 4 of 6 - other structures that are proposed to be located within five hundred (500) feet of any City-owned right-of-way or within five hundred (500) feet of any property not owned by CSU and located within the corporate limits of the City. No amendment shall be made to such standards or criteria except following City review of any such amendment. 7 . No Abrogation. This Agreement shall not be deemed to abrogate the rights and/or obligations granted to or imposed upon the parties pursuant to law. S . Term. The term of this Agreement shall continue for a period of five (5) years from the date hereof and shall be automatically renewed for successive five (5) year periods, unless terminated by either party. Either party may terminate this Agreement at the close of any five (5) year period by the giving of written notice of termination to the other party not less than thirty (30) days prior to the close of the five (5) year period then in effect. 9 . Territorial Jurisdiction. This Agreement is limited in its application to only those lands owned or occupied by CSU which lie within the boundaries of the Fort Collins Urban Growth Area and/or are eligible for annexation into the City. 10. Dispute Resolution. In the event that the City and CSU are unable to agree upon the rights and obligations of the parties with respect to this Agreement, the matter in dispute shall be submitted to the City Manager of the City and the President of CSU, or their respective designees, who shall attempt to negotiate a resolution of the differences between the parties in such manner as they may deem appropriate. 11. Understanding of the Parties. This Agreement constitutes the entire understanding of the parties hereto and may not be amended or modified except by written agreements of the parties. 12 . Intent for the Future. This Agreement addresses issues pertaining to land use and land development which are of immediate concern to the City and CSU. The parties recognize that other programs and projects of mutual interest or concern should also be addressed. The intent of both the City and CSU is that serious discussions be continued concerning such matters in a timely manner in order to continue developing mutually beneficial and harmonious working relationships between the parties; and the parties anticipate future amendments or addenda to this Agreement to encompass such other programs and projects of mutual interest or concern. 5 of 6 - IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: Deputy City Attorney THE STATE BOARD OF AGRICULTURE OF THE STATE OF COL0RADO for the use and benefit of COLORADO STATE UNIVERSITY By: President ATTEST: Secretary - - 6 of 6 -